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Home My WebLink AboutCOUNCIL MINUTES 1980-10-08 18911 MINUTES OF THE NINE HUNDRED AND FORTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 8, 1980, 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 McCann delivered the invocation Roll was called with the following result: Present--Robert D Bennett, Robert F Nash, Gerald Taylor, Alice Gundersen, Robert R Bishop, Robert E McCann and Peter A Ventura. Elected and appointed officials present. Addison W Bacon, City Clerk; Frances S. Stem, Deputy City Clerk, Harry C Tatigian, City Attorney; Robert Osborn, Director of Public Works; Thomas J. Griffiths, Jr , Chief Accountant; Ronald R. Reinke, Superintendent of Parks and Recreation, Frank Kerby, Chief Building Inspector LG. E Siemert, City Engineer, H Shane, Planning Department and James L Miller, Personnel Director of Civil Service. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #931-80 RESOLVED, that the minutes of the 940th Regular Meeting of the Council of the City of Livonia, held September 24+, 1980, are hereby approved. By Councilman McCann, seconded by Councilman Ventura, and *unanimously adopted, it was #932-80 RESOLVED, that the minutes of the 182nd Special Meeting of the Council of the City of Livonia, held September 29, 1980, are hereby approved. *Councilman Ventura abstained from voting which is recorded as a 'yes' vote under the provisions of Section 2-119 of the Livonia Code of Ordinances, as L amended. By Councilman Ventura, seconded by Councilman McCann, it was #933-80 WHEREAS, October 8, 1980, at 7:00 o'clock p.m. , Eastern Daylight Time, has been set as the date and time for opening bids for the purchase of $2,700,000 General Obligation Street and Highway Bonds, Series III of 18912 the City of Livonia, County of Wayne, Michigan; AND WHEREAS, said bids have been publicly opened and read, AND WHEREAS, the following bids have been received; Bidder Maturity Interest Rate Premium Manley,Bennett, 1981+-90 10 00 $ 2.00 McDonald 1991 8.65 Detroit, Mi. 1992 8.80 1993 9.00 1991+-5 9.20 Average Interest Rate - 9.2929 Net Interest Cost - $2,743,750.09 Merrill,Lynch,White, 1984-90 10 00 224.75 Weld Capital Markets 1991 9 75 Group 1992-3 9.00 Chicago,Ill 1994 9.10 1995 9.2o Average Interest Rate - 9.3336 Net Interest Cost - $2,755,751+.1+2 First of Mich.Corp 1984-91 10.00 None Detroit, Mi. 1992 9.90 1993 9 5o 1994 9.75 1995 l0 00 Average Interest Rate - 9.8758 Net Interest Cost - $2,915,855.21 AND WHEREAS, the bid of Manley, Bennett, McDonald - Detroit, Michigan has been determined to produce the lowest interest cost to the City; NOW, THEREFORE, BE IT RESOLVED THAT: 1 The bid of Manley, Bennett, McDonald - Detroit, Michigan, as above stated, be and the same is hereby accepted 2. Checks of the unsuccessful bidders be returned to each bidder's representative or by registered mail. 3. The Issuer will not invest, reinvest, or accumulate any moneys deemed to be proceeds of the Bonds pursuant to Section 103(c) of the Internal Revenue Code of 1954, as amended, and the applicable regulations thereunder, in such a manner as to cause the Bonds to be "arbitrage bonds" within the meaning of said Section 103(c) and the applicable regulations thereunder. 4. The last sentence of Paragraph 2 of the Bond-Authorizing Resolution adopted by this Council on June 18, 1980 is hereby amended to read as follows: 18913 Upon the execution of the Bonds, the Finance Director shall deliver the Bonds to the purchaser thereof upon receipt of the purchase price therefor. 5. 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: McCann, Ventura, Nash, Taylor, Gundersen, Bishop and Bennett. NAYS: None. The following resolution was introduced, supported and adopted: #934-80 WHEREAS, the Livonia Lamplighters District 11-A-1 is a civic organization whose purpose is to aid handicapped persons; and WHEREAS, it recently presented a check in the sum of $2,315.00 to the Livonia Police Department for the purpose of purchasing commu- icators for the speech impaired and the deaf, and WHEREAS, the instruments will allow these handicapped persons, whose homes or places of business are similarly equipped, to communicate directly and instantly with Livonia Police Department personnel; and WHEREAS, these communicators will aid the Police Department immeasurably in the protection of the health, safety and welfare of persons who are so handicapped, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia does hereby take this means to thank the Livonia Lamplighters District 11-A-1 for its generous gift and to express the appreciation of a grateful community. The following resolution was unanimously introduced, supported and adopted: #935-80 WHEREAS, the members of Girl Scout Troops from the Livonia- Westland cluster of the Girl Scouts of Metropolitan Detroit are gathered on Thursday, October 9, 1980 at 7:30 P M at the Holy Criss Evangelical Lutheran Church for the purpose of honoring those members of their organization who have achieved the First Class award of the Girl Scouts of the U.S.A. ; and WHEREAS, the First Class award is the highest, most difficult level of scouting that can be achieved in this organization; and WHEREAS, the achievement of this award requires great personal effort and dedication to the tenets of the Girl Scouts of the U.S A by its recipients, 18914 lowNOW, THEREFORE, BE IT RESOLVED by the members of the Livonia City Council that this means be taken to recognize these recipients of the First Class award, and to congratulate them on their personal accom- plishments; and to further indicate the City's great pride as these young women are welcomed to their rightful place among the leaders of their community. The communication from the Director of Finance dated September 19, 1980 transmitting various financial statements of the City for Month ending August 31, 1980, was received and placed on file for the information of the Council. The communication from the Mayor dated September 16, 1980 with respect to toboggan runs on hill at Bicentennial Park, was received and placed on file for the information of the Council. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 32 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 80-1+-1-13 FOR CHANGE OF ZONING FROM RUF TO P. A roll call vote was taken on the foregoing Ordinance with the following result: Nash AYES: McCann, /raylor, Gundersen, Bishop and Bennett. NAYS: *Ventura The President declared the foregoing Ordinance duly adopted and would become effective on publication *Councilman Ventura made the following statement: My 'no' vote is cast because this is an intrusion of commercial zoning into residential zoning. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 25 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 51+3, AS AIDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3 THERETO. RE: PETITION 80-1+-1-16 FOR CHANGE OF ZONING FROM P.S. TO M-1. 18915 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Ventura, Nash, Gundersen, Bishop and Bennett. NAYS: Taylor. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Nash, seconded by Councilman McCann, it was #936-80 RESOLVED, that having considered communications from the Director of Finance, dated September 17, 1980 and September 24, 1980, approved for submission by the Mayor and Mayor Pro Tem, the Council does hereby determine to authorize the purchase of gasoline from Texaco, Inc. , at the following unit prices: a. Effective September 5, 1980: Regular Less than 4,000 Gals - From 1 029 to 1.019/Gal More than 4,000 Gals. - From .975 to .965/Gal Lead Free Less than 4,000 Gals. - From 1 0745 to 1 0645/Gal. More than 4,000 Gals. - From 1.0175 to 1.0075/Gal. b Effective September 18, 1980. Regular Less than 4,000 Gals. - From 1.019/Gal to 999/Gal. More than 4,000 Gals. - From 965/Gal to .945/Gal Lead Free Less than 4,000 Gals. - From 1.0645/Gal. to 1 0445/Gal. More than 4,000 Gals. - From 1.0075/Gal to 9875/Gal. said prices being made in accordance with Federal Government Regulations; further, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communications; and such action is taken in accordance with the provisions set forth in Section 2-213(d)(5) of the Livonia Code of Ordinances; and all prior resolutions in conflict herewith are hereby repealed, amended, or revised to the extent necessary to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Ventura, Nash, Taylor, Gundersen, Bishop and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Ventura, it was 18916 #937-80 RESOLVED, that having considered a communication from the Chief low Inspector, the Director of Public Works and the Finance Director dated September 12, 1980, approved for submission by the Mayor with regard to funds required for employee auto expenses, the Council does hereby appropriate the sum of $8,200 from the Unexpended Fund Balance Account of the General Fund and $1200 from the Unexpended Fund Balance Account of the Refuse Fund to be transferred to the following accounts in the following amounts: Account No. 101-380-861-010.000 - Building and Zoning $2,400 Account No. 101-382-861 010 000 - Electrical 1,600 Account No. 101-410-861-010.000 - Plumbing 2,400 Account No. 101-400-861-010.000 - Heating/Refrigeration 1,800 Account No 205-525-861-010.000 - Sanitation 1,200 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen, Bishop and Bennett. NAYS: None. By Councilwoman Gundersen, seconded by Councilman Taylor, it was #938-80 RESOLVED, that having considered a communication from the City Engineer, dated September 23, 1980, which bears the signature of the lom Finance Director, is approved by the Director of Public Works, and is approved for submission by the Mayor Pro Tem, with regard to the Phase III, Part 21 building contract for the Civic Center Municipal Building, authorized pursuant to Council Resolutions 225-78 and 128-80, in the total amount of $53,192.00 with the actual amount completed to date being in the amount of $55,367.00, the Council does hereby appropriate and authorize the expenditure of an additional $2,175 00 from Federal Economic Devel- opment Administration Funds for the purpose of making final payment to the contractor, and the City Clerk and City Treasurer are hereby requested to do all things necessary and 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, Bishop and Bennett NAYS: None. The following resolution was unanimously introduced, supported and adopted: #939-80 RESOLVED, that having considered a letter dated September 17, 1980 from the chairperson of the Coventry Gardens Improvement Association, requesting permission to close the following locations on Friday, October 31, 1980 from 7:30 to 10:00 P.M for the purpose of conducting annual Halloween festivities in Coventry Park. Rayburn at Farmington Myrna at Farmington Rayburn at Stamford Edington at Rayburn 18917 the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Depart- ment. By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #9440-80 RESOLVED, that having considered a petition bearing the signatures of 125 residents of the Idyl Wyld subdivision, received by the office of the City Clerk September 17, 1980, wherein a request is submitted for assistance in the demolition of the existing crumbling entrance walls to said subdivision, the Council does hereby refer this item to the Director of Public Works for his report and recommendation and/or disposition. By Councilman Ventura, seconded by Councilman Nash, it was #941-80 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated August 7, 1980, and the report and recommendation of the Chief of Police dated September 16, 1980, in connection therewith, the Council does hereby approve of the request from Uncle Ray's Lounge, Inc. for transfer of ownership of 1980 Class C Licensed Business located at 27873-27885 Plymouth Road, Livonia, Michigan 48150, from Frank Rakos and Olga M. Rakos, said business being known as "Crestwood Lounge"; and the City Clerk is hereby requested to forward a certified copy of this resolu- tion 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, Bishop and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #942-80 RESOLVED, that having considered a communication from Robert E. Seeley and Alvin W. Harrison of Seeley-Harrison Enterprises dated September 12, 1980, as well as a communication from Jeanne M. Hildebrandt, Administrative Assistant of the Livonia Mall Shopping Center dated October 6, 1980, with respect to an interpretation of Section 11.02(e) of the zoning ordinance in connection with video game machines, the Council does hereby determine to take no further action with regard to this matter By Councilman Bishop, seconded by Councilwoman Gundersen, it was #943-80 RESOLVED, that having considered a communication from the City Planning Commission dated September 11, 1980, which transmits its resolu- tion 9-224-80 adopted on September 9, 1980, with regard to Petition 80-8-8-19 submitted by St Mary's Hospital, requesting a site plan approval to locate mobile, modular, office buildings on the west side of Levan Road, south of Five Mile Road in Section 20, pursuant to the provisions set forth in Section 26.03 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 80-8-8-19 is hereby approved and granted, such approval to be 18918 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, Bishop and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #944-80 RESOLVED, that having considered a communication from the City Planning Commission dated September 11, 1980, which transmits its Resolu- tion 9-217-80, with regard to Petition 80-6-3-3, initiated by Council Resolution 496-80, requesting the vacating of a portion of Henry Ruff Road right-of-way between Puritan Avenue and Five Mile Road in the Southwest 1/4 of Section 14, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition 80-6-3-3, subject to the retention of a full-width easement for public utilities; and the Department of Law is hereby requested to prepare the necessary vacating ordinance 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, Bishop and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Taylor, it was RESOLVED, that having considered communications from the Mayor dated September 16, 1980, September 26, 1980 and September 29, 1980, transmitting architectural proposals for the proposed police station addition from Nordstrom-Samson Associates, Hoyem-Basso Associates, Inc , Kamp-DiComo Associates and James P Ryan Associates, the Council does hereby determine to retain the services of Hoyem-Basso Associates, Inc. , 33900 Schoolcraft Road, Livonia, Michigan 48150, for the purpose of performing architectural services in connection with the proposed police station addition; and the Department of Law is hereby requested to prepare an agreement with the aforesaid architectural firm for submission to Council for its approval. *The President of the Council relinquished the Chair to the Vice-President, to speak on the foregoing resolution. By Councilman Ventura, seconded by Councilman Bennett, it was #945-80 RESOLVED, that having considered communications from the Mayor dated September 16, 1980, September 26, 1980 and September 29, 1980, transmitting architectural proposals for the proposed police station addition from Nordstrom-Samson Associates, Hoyem-Basso Associates, Inc. , Kamp-DiComo Associates and James P Ryan Associates, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration A roll call vote was taken on the foregoing resolution with the following result: 18919 AYES: Ventura, Gundersen, Bennett and Bishop NAYS: McCann, Nash and Taylor The Vice-President declared the resolution adopted. *The President resumed the Chair at 8.30 P M. By Councilman Ventura, seconded by Councilman Bishop, it was #946-80 RESOLVED, that having considered the report and recommendation of the Mayor dated September 22, 1980, to which is attached a communication from the Italian Club of Livonia, dated September 12, 1980, wherein it is proposed that approximately 10 acres of Bicentennial Park, located east of Wayne Road and North of Seven Mile Road, be renamed "Christopher Columbus Park" and be specifically designated for future construction of four (4) bocce courts with bleacher seats, the Council does hereby take this means to indicate its approval in concept of this proposal; FURTHER, the Council does hereby request that the Parks and Recreation Commission submit its report and recommendation and the City Planning Department is requested to prepare for submission a proposed site plan for this project; and the Department of Law is requested to prepare an amendment to Section 5.901 for the purpose of implementing the name change to "Christopher Columbus Park", of the subject park land. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen, Bishop and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, it was #947-80 RESOLVED, that having considered a communication from the Engineering Division, dated September 4, 1980, transmitting for Council acceptance a Quit Claim Deed, dated August 27, 1980, executed by Maxine R. Levin Brewer, sole surviving member of its last Board of Directors, Newman Development Company, Incorporated, a dissolved Michigan corporation, conveying: The West 43 feet of the following description: Parcel 1, part of the Southeast 1/4 of Section 20, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, beginning at the center 1/4 corner of Section 20, thence North 89 degrees 51 minutes 16 seconds East, 416 75 feet, thence South 0 degrees 21 minutes 16 seconds East, 330 07 feet, thence South 89 degrees 51 minutes 45 seconds West, 417.14 feet, thence North 0 degrees 17 minutes 10 seconds West, 330 01 feet to point of beginning. (Levan Road Right-of-Way) 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, further the sum of $60.00 is hereby appropriated and authorized to be expended from the proceeds of the 7.9 million dollar General Obligation Road Improvement Bond Issue for purposes of defraying the purchase price of $25.00 and 18920 and title work of $35.00 in connection with the acquisition of said right-of-way; 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, Bishop and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, it was #914.8-80 RESOLVED, that having considered a communication from the Director of Community Resources and the Chief of Police dated September 18, 1980, which bears the signature of the Finance Director, and is approved for submission by the Mayor Pro Tem with regard to a proposed youth assistance program, the Council does hereby refer this item to the Study Session to be conducted on October 13, 1980, for future considera- tion. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: Bishop. The President declared the resolution adopted By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #91+9-80 RESOLVED, that having considered a communication from the Michigan Depression Glass Society dated September 23, 1980, requesting permission to display directional signs along Haggerty Road between Six Mile Road and Seven Mile Road, just east and west of Haggerty Road, and at exits 169 and 170 of the 1-275 freeway, which signs will be put up on October 18, 1980 and taken down by 6:00 P M. October 19, 1980, the Council does hereby grant permission in the manner requested in the aforesaid communication. By Councilman McCann, seconded by Councilman Nash, it was #950-80 RESOLVED, that having considereda communication from the Depart- ment of Law, dated September 22, 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 Charles Watkins and. Margaret Watkins, his wife, sellers, which land is more particularly lOo described as follows. The East 60 ft. of the South 11+0 ft of the following parcel of land 18921 Land situated 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 North 216.67 ft. of the South 1346.67 ft. of the East 144 ft. of the Southeast 1/4 of Section 6, Town 1 South, Range 9 East, except the East 60 ft. of the North 76.67 ft. thereof (06J39C1a) subject to the following terms and conditions: (1) that the purchase price shall be in the sum of $3200.00; (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 $23 23. BE IT FURTHER RESOLVED, that a sum not to exceed $3273.23 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, Bishop and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Taylor, it was #951-80 RESOLVED, that having considered a communication from the City Planning Commission dated August 1, 1980, which sets forth its resolution 7-187-80 adopted on July 22, 1980 with regard to Petition 80-7-1-24 submitted by Kenneth R Warren for a change of zoning on property located on the South side of Amrhein Road, west of Newburgh Road in the Southeast 1/4 of Section 30, from RUF to ML, and the Council having conducted a public hearing with regard to this matter on September 22, 1980, the Council does hereby concur in the recommendation of the Planning Commis- sion and the said Petition 80-7-1-24 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Taylor, Gundersen, Bishop and Bennett. NAYS: Ventura. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman McCann, it was 18922 #952-80 RESOLVED, that having considered a communication from the City Planning Commission, dated July 31, 1980 which sets forth its resolution 7-116-80 adopted on July 22, 1980 with regard to Petition 80-6-1-19 submitted by the City Planning Commission on its own motion, for a change of zoning on property located on the North side of Five Mile Road, east of Cavour in the S.W. 1/4+ of Section 13, from RUF to R-7, and the Council having conducted a public hearing with regard to this matter on September 22, 1980 pursuant to Council Resolution 791-80, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 80-6-1-19 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Depart- ment of Law is requested to prepare an ordinance amending Ordinance No. 51.3, 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 Bennett. NAYS: Bishop. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Taylor, it was #953-80 RESOLVED, that having considered a communication from the City Planning Commission dated August 1, 1980, which sets forth its resolution 7-177-80 adopted on July 22, 1980 with regard to Petition 80-6-1-20, submitted by L w H Associates for a change of zoning on property located on the east side of Stark Road, north of Plymouth Road in the Southeast 1/4 of Section 28, from R-1 to P, and the Council having conducted a public hearing with regard to this matter on September 22, 1980, pursuant to Council Resolution 791-80, the Council does hereby refer this item to the Stidy Session to be conducted on October 13, 1980, for future consideration A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bennett NAYS: Bishop. The President declared the resolution adopted. By Councilman Nash, seconded by Councilwoman Gundersen, it was #95+-80 RESOLVED, that the Council does hereby request that the City Planning Commission conduct a public hearing and thereafter submit a report and recommendation on the question of whether or not property located north of Plymouth Road, west of Stark Road in the S W. 1/4+ of Section 28, being Lot #1 of Alden Village Subdivision, should be rezoned from C-2 to a more appropriate zoning classification. A roll call vote was taken on the foregoing resolution with the following result: 18924 incidental to the full performance of this resolution. A poll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Ventura, Nash, Taylor, Gundersen, Bishop and Bennett. NAYS: None. By Councilman Taylor, seconded. by Councilman Ventura, and unanimously adopted, it was #958-80 RESOLVED, that having considered a report and recommendation of the Committee of the Whole dated September 16, 1980, is submitted pursuant to Council Resolution 751-80 with respect to the establishment of an Ad Hoc Cable Television Advisory Committee to operate under the guidelines as submitted in draft form by a communication from the Mayor dated July 22, 1980, as modified by the Council at the Committee of the Whole meeting conducted here September 16, 1980, the Council does hereby determine to approve the said guidelines as set forth in the attachment to the afore- said report. By Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #959-80 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 16, 1980, and submitted pursuant to Council Resolution 751-80 with respect to the Cable TV Citizens Advisory Committee, the Mayor and Council of the City of Livonia hereby appoint the following individuals to serve on the Ad Hoc Cable TV Citizens Advisory Committee, such persons to serve until such time as a final decision regarding the establishment of a cable TV system is made by the Council, or their resignation is rendered, or until such time as they are replaced by the Council or the Mayor: Stanley Bien Richard Jones Library Water Department City of Livonia City of Livonia Andrew Brodhun Peter Klein 16915 Canterbury 30205 St. Martins Livonia 48154 Livonia 48152 Arthur Domalske Pat Whittcn Livonia Public Schools 30517 Minton. 15215 Farmington Road Livonia 48154 Livonia 48154 Sr. Mary Francilene Harry Tatigian lir (or Dr Edward Meyer) Legal Department Madonna College City of Livonia 36600 Schoolcraft Rd. Livonia 48150 Hazen Wilson Michigan Bell Telephone Co. 29550 Five Mile Road Livonia 48154 18923 AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: Bishop The President declared the resolution adopted. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #955-80 RESOLVED, that having considered a communication from the City Planning Commission dated August 1, 1980, which sets forth its resolution 7-186-80, adopted on July 22, 1980,. with regard to Petition 80-6-6-8 initiated by Council Resolution 363-80, to amend Section 11.03 of Ordinance 543, so as to require waiver use approval for SDM licensed establishments in C-2 zoning districts, and the Council having conducted a public hearing with regard to this matter on September 22, 1980 pursuant to Council Resolution 791-80, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. By Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #956-80 RESOLVED, that having considered a communication dated September 26, 1980, from Friar Tuck's Diet Delite which in accordance with the Imr provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on September 23, 1980 by the City Planning Commission in its Resolution 9-230-80 adopted on September 23, 1980 with regard to Petition 80-9-2-23 submitted by Friar Tuck's Diet Delite, Inc. requesting permission to locate a sit-down restaurant within an existing building as a waiver use on property zoned C-2 and located at the southeast corner of Plymouth and Middlebelt Roads in Section 36, the Council does hereby designate Monday, November 10, 1980 at 7:30 P.M as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the Civic Center Municipal Building, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. By Councilman Ventura, seconded by Councilwoman Gundersen, it was #957-80 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 16, 1980, and submitted pursu- ant to Council Resolution 600-80 in connection with a communication from the Mayor, dated June 3, 1980, to which is attached a communication from the Personnel Director, dated June 2, 1980, wherein it is recommended that deferred compensation plans to be provided by PEBSCO, 116 Burt Avenue, Jackson, Michigan 49201, and the ICMA Retirement Corporation, 2 Northfield Plaza, Suite 1, Troy, Michigan 48098, be made available to all employees of the City of Livonia, the Council does hereby determine to concur in and approve of such action, and for this purpose the Council does hereby request that the City Clerk, the Finance Department and all other affected City departments and agencies do such things as may be necessary or 18925 John Bryan Gloria Reeves Livonia Jaycees 14253 Norman 32624 Six Mile Road Livonia 48154 Livonia, 48152 Arthur Scott Sharon Sarris 14768 Bainbridge 925'3 Woodring Livonia 48154 Livonia 48150 Barbara Medwedeff Jeanne Paluzzi 15555 Fairlane 17315 Rougeway Livonia 48154 Livonia 48152 Wynne Zurek Ronald J. Hurta 30981 Lyndon 14048 Ellen Drive Livonia 48154 Livonia 48154 Mary Carter Henry Kimpel 11260 Haller 15920 Gary Lane Livonia 48150 Livonia 48154 Lowell Peterson George Bageris 9420 Lathers 28023 Stanmoor Livonia 48150 Livonia 48154 Angelo Plakas Florence Mette 36702 Whitcomb32201 Balmoral Livonia 48154 Livonia 48154 William Grenham Midge Ellis 18831 Shadyside 20457 Maplewood Livonia 48152 Livonia 48152 Hy LeVine Sgt. Robert Van Dyke 31826 Bretton 28864 Minton Livonia 48152 Livonia 48150 Gerald Lunden Lunden Advertising 9357 Marie Court Livonia 48150 By Councilman Taylor, seconded by Councilman Ventura, it was #960-80 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 16, 1980, and submitted pursuant to Council Resolution 751-80 in connection with a communication from the Mayor dated July 22, 1980, with regard to the Cable TV Citizens Advisory Committee, the Council does hereby appropriate from the Unexpended Fund Balance Account the sum of $5,000 to be used as "seed" money for the purpose of meeting the operational needs of the Ad Hoc Cable TV Citizens Advisory Committee; and the Finance Director is hereby directed to establish suitable accounts for same; and it is further resolved that any revenues generated in the process of establishing and operating CATV Systems (E.G. in the way of application fees) shall be used to reimburse the General Fund. 18926 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen, Bishop and Bennett. NAYS: None. Councilwoman Gundersen took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 2-1502, 2-1507, 2-1508 AND 2-1509 OF TITLE 2, CHAPTER 15 (HUMAN RELATIONS COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop and Bennett. NAYS: *McCann. The President declared the Ordinance adopted and would become effective or. publication. -Councilman McCann made the following statement: My 'no' vote is cast because I believe that all members should be Human Relation Commission members By Councilman McCann, seconded by Councilman Ventura, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 16, 1980, submitted pursuant to Council Resolution 586-80 and 866-80 with regard to a sub-committee on women of the Human Relations Commission, the Council does hereby request that the Department of Law draft a proposed Ordinance amendment increasing the number of Human Relations Commissioners from 15 to 18 and eliminating the provision for appointment of non-commission members to the sub- committee. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann. NAYS: Ventura, Nash, Taylor, Gundersen, Bishop and Bennett. The President declared the resolution DENIED. By Councilwoman Gundersen, seconded by Councilman Nash, it was #961-80 RESOLVED, that having considered the report and recommendation of the School Board and City Council joint committee dated September 24+, 1980, submitted pursuant to Council Resolution 137-76 in connection with the communication from the City Engineer dated January 28, 1978, with regard to proposed sidewalk insta.l1ations on Dover Avenue between Middlebelt and Henry Ruff in Bonaparte Gardens Subdivision, the Council does hereby 18927 determine to take no further action with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: Bishop. The President declared the resolution adopted. By Councilwoman Gundersen, seconded by Councilman Taylor, it was #962-80 RESOLVED, that having considered the report and recommendation of the School Board and City Council joint committee dated September 24, 1980, and submitted pursuant to Council Resolution 287-76 in connection with a communication from the City Engineer dated March 16, 1976, with regard to the installation of additional fencing for the pedestrian overpass located on Ann Arbor Road, west of Hix Road, at the Washington Elementary School, the Council does hereby refer this matter back to the City Engineer for a new report and recommendation; FURTHER, the Council does hereby request that the Livonia Board of Education submit a 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, Bishop and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Taylor, it was #963-80 RESOLVED, that having considered a report and recommendation of the Committee of the Whole dated August 26, 1980 and submitted pursuant to Council Resolution 513-78, the Council does hereby determine to declare a moratorium on reclassification of positions; and the Civil Service Commis- sion and all other City departments are hereby requested to do all things necessary and incidental to the full performance of this resolution. By Councilman Bishop, seconded by Councilman Nash, it was RESOLVED, that having considered a report and recommendation of the Committee of the Whole dated August 26, 1980, and submitted pursuant to Council Resolution 513-78, with respect to a moratorium of reclassifica- tions of positions, the Council does hereby determine to table this matter to the first Regular Meeting in November. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash and Bishop. NAYS: McCann, Ventura, Taylor, Gundersen and Bennett. The President declared the resolution DENIED. A roll call vote was taken on the original resolution with the following result: 18928 AYES: McCann, Ventura, Taylor, Gundersen and Bennett. NAYS: Nash and Bishop. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilwoman Gundersen, it was #964-80 RESOLVED, that having considered a communication dated September 30, 1980, from the Department of Law transmitting for Council acceptance a Grant of Easement more particularly described as: Grant of Easement, dated September 12, 1980, executed by Catherine E. Kruse, Secretary-Treasurer and Clifton D Gideon, Sr. Vice President, Brock Hotel Corporation, (Holiday Inn) a Delaware Corporation, conveying an easement for installing and maintaining a water system, described as follows: The centerline of a twenty (20) foot wide easement being more particularly described as follows: Commencing at the S.E. corner of Section 7, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, thence S 89° 58' West along the South line of said Section 7, 1571.73 feet; thence N. 0° 02' West 90.00 feet to a point on the North line of the Six Mile Road, thence continuing N 0° 02' West 158.00 feet to a point of curve; thence Northeasterly on a curve to the right 131.25 feet measured along the arc of said curve to a point-of- tangent, said curve having a radius of 160.00 feet and a central angle of 47° 00' , thence North 46° 58' East 166.85 feet to the Westerly right-of-way line of North Laurel Park Drive (86 feet wide) ; thence N. 43° 02' West and along said Westerly right-of- way line 87 00 feet to the Point of Beginning of the centerline of said twenty (20) foot wide easement; thence S. 44° 58' L•lest 194.00 feet to a point called "A"; thence continuing S. 44° 58' West 26.00 feet to a point called ''B"; thence continuing S. 44° 58' West 264.00 feet; thence S 89° 58' West, 308.00 feet; thence N. 0° 02' West 12.00 feet for a terminus; thence continuing said easement from point "A" north 45° 02' West 233.00 feet to a point called "C"; thence N. 44° 58' East 220.00 feet to a point on the Westerly right-of-way line of North Laurel Park Drive for a terminus; thence continuing said easement from point "B" South 45° 02' East 26.00 feet for a terminus; thence continuing said easement from point "C" North 45° 02' West 7.00 feet; thence South 89° 58' West 160.00 feet to a point called "D"; thence continuing S. 89° 58' West 207.00 feet; thence South 0° 02' East 55.00 feet for a terminus; thence continuing said easement from point ''D" S. 0° 02' East 55.00 feet for a terminus. 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. A roll call vote was taken on the foregoing resolution vith the following result: 18929 AYES: McCann, Ventura, Nash, Taylor, Gundersen, Bishop and Bennett. NAYS. None. By Councilman Taylor, seconded by Councilwoman Gundersen, it was #965-80 RESOLVED, that having considered a communication dated September 30, 1980, from the Department of Law transmitting for Council acceptance a Grant of Easement more particularly described as: Grant of Easement, dated September 21, 1980, executed by Homer E Bowling, Treasurer, and Joseph H Waterman, Secretary, Berean Baptist Church of Livonia, a Michigan Ecclesiastical Corporation, conveying an easement for the purpose of installing an on-site fire hydrant, described as follows: That part of the N.E 1/4 of Section 6, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant S 0° 12' 00" W. , 60 0 ft. and N 89° 45' 44" E , along the South line of Base Line Road (120 feet wide) 737.0 feet, and S 0° 12' 03" W. , 569.0 feet from the North 1/4 corner of said Section 6; proceeding thence S 0° 12' 03" W. , 12 0 feet; thence S. 89° 45' 44 W , 20 0 ft. ; thence N. 0° 12' 03" E. , 12.0 feet; thence N 89° 45' 44 E , 20 0 ft. to the Point of Beginning. 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen, Bishop and Bennett NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, it was #966-80 RESOLVED, that having considered a communication dated September 29, 1980 from the Department of Law transmitting for Council acceptance two grants of easement more particularly described as: 1. Grant of Easement, dated May 30, 1980, executed by John B. Kaminski, Walter J Hans, and Edward Ostrowski, General partners of JED, a Michigan limited partnership, conveying an easement for installing and maintaining storm and sanitary sewer facilities, described as follows: The North 20 ft of the following described parcel: Land in the S W 1/4 of Section 24, T 1 S , R 9 E. , City of Livonia, Wayne County, Michigan, described as follows: 18930 Beginning at the intersection of the North line of the North Service Road of I-96 Highway with the North and South 1/4 line of Section 24, T. 1 S , R 9 E , said point being Ti 000 00' 15" W. 114.87 feet from the South 1/4 corner of said Section 24; thence N. 89° 26' 45" West along the North line of said service road 238 54 feet to a point; thence N 00° 07' 35" N 431.33 feet to a point on the South line of the Compton Square Estates Subdivision (L. 97, P. 45, 46, and 47 of Plats); thence S. 89° 26' 09" E. along said South line, 239.46 feet to a point on the North & South 1/4 line of said Section 24; thence S 00° 00' 15" E along said 1/4 section line, 431.27 feet to a point of beginning. 2. Grant of Easement, dated May 1, 1980, executed by Asa E. Wilson, SR , Doris M Wilson, Asa E. Wilson JR , Patricia Ann Wilson, Joan W deSpelder, and Delores W. Sterling, by Delores W. Sterling, their attorney-in-fact, conveying an easement for installing and maintaining sanitary sewer and storm facilities, described as follows: The North 20 feet of the following described parcel: Land in the City of Livonia, Wayne County, Michigan, being a part of the S E. 1/4 of Section 24, T. 1 S , R. 9 E , more particularly described as: Commencing at the intersection of the North line of the North Service Road of I-96 Highway with the North and South 1/4 line of Section 24, T 1 S. , R 9 E , said point being N. 00° 00' 15" W. 114.87 ft. from the South 1/4 corner of said Section 24; thence N. 00° 00' 15" W 431.27 along said 1/4 line to a point on the South line of Compton Square Estates Subdivision (L. 97, P 45, 46, and 47 of Plats, W. C R ) ; thence S 89° 26' 09' E. 329 74 ft. along said South line to a jog in said South line thence S 00° 16' 17" W. along said jog and the Southerly extension thereof 431.50 ft. to a point on the North line of the said North Service Road; thence N 89° 22' 16" W along said North line 230.48 ft. to a point of angle; thence N. 89° 26' 45" W. continuing along said North line 97.19 ft. to the Point of beginning. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easements, 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 roil call vote was taken on the foregoing resolution with the following result: lbw AYES: McCann, Ventura, Nash, Taylor, Gundersen, Bishop and Bennett. NAYS: None. 18931. By Councilman Taylor, seconded by Councilman ?McCann, and unanimously adopted, it was #967-80 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 Ventura, seconded by Councilman Taylor, it was #968-80 RESOLVED, that having considered a communication from the City Planning Commission, dated August 28, 1980, which transmits its resolution 8-216-80 adopted on August 26, 1980, with regard. to Petition 80-2-8-9 submitted by Howard Binkow, requesting site plan approval in connection with a proposal to construct multiple dwellings on the east side of Middlebelt between Schoolcraft and Meadowlark in Section 21+, pursuant to the provisions set forth in Section 8.02 of Ordinance No. 513, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 80-2-8-9 is hereby approved and granted, subject to compliance with the same conditions set forth in the aforesaid action of the City Planning Commission as well as the following additional conditions: 1. That the final landscape plan shall be reviewed by the Planning Department and thereafter made subject to approval by the City Council, prior tb Vat laMaance of the building permit, and shall include the following: a. A berm is to be provided along or adjacent to the north and east property lines, such berms to have a minimum average height of 3 ft. and the top of the berm to be no closer than 25 ft from the property line; and b. There shall be at least 12 additional evergreen trees placed or located within the 75 ft. set back area along the north and east property lines. 2. That the elevation plan shall provide a minimum of 1 ft. overhang for each gable end and a 2 ft. overhang on all full elevations. 3. Further, that the buildings shall be constructed with a minimum of 50% brick; provided, however, that all ranch models shall contain 100% brick and all other models shall contain at least 50%o brick. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Nash, Taylor, Gundersen, Bishop and Bennett. NAYS: None. 18932 *Councilmat,. McCann was excused at 9:05 P M By Councilman Ventura, seconded by Councilman Taylor, it was #969-80 RESOLVED, that having considered a communication from the City Planning Commission, dated August 26, 1980, which transmits its resolution 8-201-80 adopted on August 19, 1980, with regard to Petition 80-7-2-21, submitted by Fred J Armour for Bob Evans Farms, requesting waiver use approval to construct and operate a restaurant on property located on the north side of the I-96 Freeway, east of Middlebelt Road, in the Southwest l/i+ of Section 211, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 80-7-2-21 is hereby approved and granted, subject to compliance with the same conditions as are set forth in the aforesaid action of the Planning Commission, as well as the additional conditions that the final landscape plan and ingress and egress plan shall be made subject to the approval by the City Council and that the action taken herein is based upon a revised site plan. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor and Gundersen NAYS: Bishop and *Bennett. The President declared the resolution adopted. *Councilman Bennett made the following statement: My 'no' vote is cast because, although I believe a restaurant could operate in this location, I think that this proposal is an inappropriate one for this location. By Councilman Nash, seconded by Councilman Taylor, it was #970-80 RESOLVED, that having considered a communication from the City Treasurer, dated October 8, 1980, approved for submission by the Mayor Pro Tem, the Council does hereby, in accordance with Chapter VII, Section 11 of the Charter of the City of Livonia, designate the following additional banks as depositories for the Senior Citizen Nutrition Program only and for no other purpose whatsoever- 1. River Rouge Savings Bank 2 Wyandotte Savings Bank, and. 3. Security Bank & Trust 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: 18933 AYES. McCaan, Ventura, Nash, Taylor, Gundersen, Bishop and Bennett. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, and. unanimously adopted, this 941st Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:15 P. M. , October 8, 1980. i.d_te / e ADD ON W. BA1ON/ CITY CLERK