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HomeMy WebLinkAboutCOUNCIL MINUTES 1980-10-22 18937 MINUTES OF THE NINE HUNDRED AND FORTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 22, 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 8:10 P. M. . Councilman Ventura 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: Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk; Frances S. Stem, Deputy City Clerk; Harry C. Tatigian, City Attorney; Robert Osborn, Director of Public Works; Jack Dodge, Finance Director; G. E. Siemert, City Engineer; Robert Turner, Police Chief; H. Shane, Planning Department; and Ronald R. Reinke, Superintendent of Parks and Recreation. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #971-80 RESOLVED, that the minutes of the 941st Regular Meeting of the Council of the City of Livonia, held October 8, 1980, are hereby approved. By Councilman Bishop, seconded by Councilman Taylor, it was #972-80 RESOLVED, that the Council hereby determines to amend the Annual Budget for the fiscal year as submitted by the Mayor, to add thereto the necessary funds to provide for the modifications in the "Schedule of Budget Modifications" referred to herein as Supplemental Sheet "Ar annexed to said Budget, and that the complete Budget for the next fiscal year commencing December 1, 1980, and ending November 30, 1981, as submitted by the Mayor to the Council on September 15, 1980, pursuant to Section 3, Chapter VII of the City Charter, and as revised by the City Council, be and hereby is determined and adopted and appropriations made as provided by the City Charter; that all proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 20, 1980; after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on October 6, 1980; and provided further, that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the minutes of this meeting. 18938 LCity of Livonia Modified General Fund Budget For the Year Ending 11/30/81 Revenues: Property Taxes $ 10,064,000 Interest on Delinquent Taxes 9,000 Business Licenses & Permits 38,000 Non-Business Licenses & Permits 470,400 State Shared Revenues 6,971,000 Charges for Services 1,429,600 Fines and Forfeits 850,000 Interest Earnings 850,000 Federal Revenue Sharing 1,000,000 Miscellaneous 233,800 Total General Fund Revenues $ 21,915,800 Expenditures: Legislative $ 414,759 Judicial 630,951 Executive 488,171 Elections 125,524 Financial & Administration 1,375,873 Other General Government 516,916 L Public Safety (Including Federal Revenue Sharing, $669,874) 11,455,087 Protective Inspection 528,387 Other Protective 38,594 Highway, Streets & Bridges (Including Federal Revenue Sharing, $330,126) 1,985,209 Parks & Recreation 2,291,991 Cultural 740,752 Conservation (28,419) Planning 454,513 Other City Functions 897,182 Total Expenditures $ 21,915,490 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen,Bishop and Bennett NAYS: *McCann The President declared the resolution adopted. *Councilman McCann made the following statement: My 'no' vote is cast L because of the lack of specifications contained in the Treasurer's request. By Councilman Nash, seconded by Councilman McCann, it was 18939 #973-80 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 663 mills, i.e. , 4.663/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1980, and ending November 30, 1981, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia: (a) The Council does hereby establish a tax levy of .932 mills, i.e , 932/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facil- ities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (b) The Council does hereby establish a tax levy of 1.398 mills, i.e. , 1398/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment supplies and facilities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (c) The Council does hereby establish a tax levy of .036 mills, i.e. , 36/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of tht City of Livonia and to establish projects for the purpose of encouraging immigration to, and in- creasing the trade, business and industries of the City of Livonia; in addition to the amount which is authorized to be levied for general municipal purposes; (d) The Council does hereby establish a tax levy of 2.327 mills, i.e. , 2.327/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; 18940 (e) The Council does hereby establish a tax levy of .116 mills, i.e. , 116/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the 1959, 1965 and 1968 Fire Station Bond Issue; in addition to the amount which is authorized to be levied for general purposes; (f) The Council does hereby establish a tax levy of .019 mills, i.e. , 19/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement of the 1960 and 1965 Public Library Bond Issue; in addition to the amount which is authorized to be levied for general municipal purposes; (g) The Council does hereby establish a tax levy of .195 mills, i.e. , 195/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the Park and Recreational Facilities Bond Issue, Series I and Series II, in addition to the amount which is authorized to be levied for general municipal purposes; (h) The Council does hereby establish a tax levy of .704 mills, i.e. , 70410,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the Street Improvement Bonds, Series I and Series II, in addition to the amount which is authorized to be levied for general municipal purposes; (i) The Council does hereby establish a tax levy of .216 mills, i.e. , 216/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the 1978 Street Improvement Bonds, Series I and Series II; in addition to the amount which is authorized to be levied for general municipal purposes, and provided further, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is requested to immediately transmit copies of this resolution to each of the above offices. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. 189+1 By Councilman Ventura, seconded by Councilman Bishop, it was #974-80 RESOLVED, that in accordance with the provisions of Chapter 20 of Act 40 of the Public Acts of 1956, otherwise known as the Drain Code of 1956, and in order to raise the sum necessary to pay: (a) Installment No. 22 of the assessment for improving Livonia Drain No 1, which installment is due April 1, 1981, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1981; and (b) Installment No 20 on the assessment for improving Livonia Drain No. 2, which installment is due April 1, 1981, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1981; and (c) Installment No. 17 of the respective assessments for improving Livonia Drains Nos. 11, 12, 13, 16, 17 and 19, which respective installments are each due April 1, 1981, and to pay the interest on the respective unpaid balances, which interest payments are also due on April 1, 1981; and (d) Installment No. 14+ of the respective assessments for improving Livonia Drain No. 22 and Livonia Drain No. 22 Branches, which installment is due April 1, 1981, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1981; and (e) Installment No. 13 of the assessment for the improving of Livonia Drain No. 25, and Farmington Road Storm Relief Drain which respective installments are due April 1, 1981, and to pay the interest on the respective unpaid balances, which interest payments are also due on April 1, 1981; and (f) Installment No 11 of the assessment for improving Livonia Drains Nos. 2 (Branches), 6 (Extension and Branches), 11 (Extensions), 19 (Extension), 22 (Branches and Extension) and 26, which installments are due April 1, 1981, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1981, and (g) Installment No. 10 of the assessment for improving Livonia Drains, Nos. 28 (Branches), 33, 35 and Blue Drain Extension and Branches, which installments are due April 1, 1981, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1981, and (h) Installment No. 5 of the assessment for improving Livonia Drains Nos 1 (Extension and Branches), 16 (Extension and Branches), 38, 41 and 42, which respective installments are each due April 1, 1981, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1981; and 1.8942 (i) Installment No. 4 of the assessment for improving Livonia Drain No 27 (Branches), which installment is due April 1, 1981, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1981; and (j) Installment No 2 of the assessment for improving Livonia Drain No 10 (Extension and Branches), which installment is due April 1, 1981, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1981; and the Council of the City of Livonia does hereby determine that there shall be and does hereby establish a tax levy of 1.590 mills of the State Equalized valuation of all real and personal property subject to taxation in the City of Livonia for the purpose of providing sufficient revenues to meet and pay the said installments and interest payments and, in this connection, the City Council does hereby elect to have such tax levy spread upon the County tax roll, and the Wayne County Bureau of Taxation, Office of the Wayne County Drain Commissioner, City Treasurer, City Assessor and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett NAYS: None By Councilman Taylor, seconded by Councilman Ventura, it was #975-80 RESOLVED, that in accordance with the authority provided in Act 342, Public Acts of Michigan, 1939, as amended, and in order to raise the sum necessary to pay the eighth installment for sanitary and storm sewer improvements in Rosedale Gardens Subdivision, the Council of the City of Livonia does hereby determine that there shall be and does hereby establish a tax levy of .162 mills of the State Equalized valuation of all real and personal property subject to taxation in the City of Livonia for the purpose of providing sufficient revenues to meet and pay the said install- ment and interest payments and, in this connection, the City Council does hereby elect to have such tax levy spread upon the County Tax Roll; and the Wayne County Bureau of Taxation, Office of the Wayne County Road Commission, City Treasurer, City Assessor and City Clerk are hereby au- thorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices. A roll call vote was taken on the foregoing resolution with the following result: AYES. Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. The communication from the Director of Finance dated October 3, 1980, transmitting third quarter schedules of interest earnings on investments for all the 18943 funds of the City of Livonia, was received and placed on file for the information of the Council The communication from the City Engineer dated September 23, 1980, with respect to completion of contract for hollow metal frames and doors (Civic Center Municipal Building) was received and placed on file for the information of the Council. By Councilman Nash, seconded by Councilwoman Gundersen, it was #976-80 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated September 26, 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 Pro Tem, the Council does hereby accept the unit price bid of Carhartt, Inc. , P 0 Box 600, Dearborn, Michigan 48121, for supplying the City (Department of Public Works) with outer wear foul weather garments for the estimated total price of $4,483.00, 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: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Ventura, seconded by Councilman Taylor, it was #977-80 RESOLVED, that having considered a communication from the Chair- man of the Livonia Commission on Aging, dated September 17, 1980, which bears the signature of the Finance Director, and is approved for submis- sion by the Mayor, the Council does hereby authorize the purchase of a Gestetner copier machine, Model 2010, from the Gestetner Company, 22400 Telegraph, Southfield, Michigan 48075, for the price of $2,452.00; and the Council does hereby authorize the transfer of the sum of $1,627.00 to the Capital Outlay Account, Account Number 101-913-983, from the following accounts in the following amounts: 101-913-853 - Telephone - $ 500.00 101-913-882.010 - Promotional - 800 00 101-864-015 - Travel - 327 00 1627.00 FURTHER, 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)(4) and (5) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett NAYS: None. 18944 By Councilman McCann, seconded by Councilwoman Gundersen, it was #978-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 23, 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 Pro Tem with regard to the contract awarded to Isaac Sunamoto Inc. , 5191 Lumley, Detroit, Michigan 48210, pursuant to Council Resolution 1032-79, in the amount of $1,200.00 for the Phase III, Part 36 (Caulking) construction of the new Civic Center Municipal Building, the total value of which work completed was in the amount of $2,940.20, the Council does hereby authorize final payment to be made to the contractor for such work and for this purpose does appropriate and authorize the expenditure of an additional $1,740.20 from Federal Economic Development Administration Funds established for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman McCann, it was #979-80 RESOLVED, that having considered a communication from the Directo. of Finance and the Superintendent of Public Services, dated September 25, 1980, approved for submission by the Mayor Pro Tem, wherein a request is submitted for an increase in appropriations for various materials and supplies accounts of the Department of public Service in the amount of $90,375.00, the Council does hereby determine to authorize the said increase of $90,375.00 to be implemented by a transfer of funds in the following manner: Transfer to: 101-446-751 Gas and Oil $51,745 101-446-778 Equipment Maintenance Supplies 5,000 101-447-712-051 Salaries and Wages Transfer-CETA 1,630 101-447-776 Maintenance Supplies 7,000 101-447-811 Heating and Air Conditioning Supplies 4,000 101-475-786 Traffic Control Supplies 3,000 101-697-776 Maintenance Supplies-Golf Course 4,000 101-704-776 Maintenance-Parks 14 000 Total $90,375 Transfer from: 101-475-712-020 Salaries & Wages Transfer-Act 51 $17,000 101-475-725-020 Personal Services Overhead-Act 51 18,000 101-475-712-050 Salaries & Wages Transfer-Grants 9,200 lir 101-475-713-050 Employee Benefits-Grants 2,320 101-475-789-050 Material Transfer-Grants 6,940 101-475-943-050 Equipment Rental 4,560 ].01-447-713-051 Employee Fringe Benefits-CETA 3,978 101-447-712-010 Employee Transfer-Other Fund 2,565 101-447-725-010 Personal Services-Overhead 2,400 10J.-463-713-051 Employee Fringe Benefits-CETA 1,712 189+5 101-781-712-000 Salaries and Wages-Other $ 4,5CU 101-704-712-030Salaries and Wages-Invoice2,100 101-704-704-725-010 Salaries Services-Other Funds 3,600 101-704+-704-725-020 Personal Services-Act 51 11,500 Total. . . S90,375 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None By Councilman Taylor, seconded by Councilman McCann, it was 4980-80 RESOLVED, that having considered a communication from the City Engineer and the City Attorney, dated September 23, 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 Pro Tem, with regard to the appraisal of certain additional right-of-way (Parcel 30Y,Z) required for the construction of the Newburgh Road - C w 0 Railroad Grade Separa- tion, the Council does hereby appropriate the sum of $1+00.00 from the $7.9 Million Street and Road General Obligation Bond Issue for the purpose of employing Mr. Charles W Allen, Jr. , as an expert real estate appraiser for this purpose; and the City Clerk and the City Treasurer are hereby requested to do all things necessary and incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS. None. By Councilman Nash, seconded by Councilman Taylor, it was #981-80 RESOLVED, that having considered the communication from the Chief of Police, dated September 22, 1980, which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem, and which transmits certain written lease proposals received, the Council does hereby authorize a twelve (12) month lease to be executed by the Mayor and City Clerk for and on behalf of the City of Livonia, with Tennyson Car & Truck Rental Company, 32570 Plymouth Road, Livonia, Michigan, said lease of seven (7) current model year vehicles for use by the Saturation Patrol Unit of the Police Division for the price of $2,258.25 per month and $27,099.00 per year, based upon the terms and conditions set forth in the attached lease proposal; FURTHER, the Council does hereby determine to authorize the said lease without competitive bids 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: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS• None. 18946 By Councilman McCann, seconded by Councilman Ventura, it was #982-80 RESOLVED, that having considered a communication from the Chief Building Inspector and the Director of Public Works, dated September 3, 1980, and a communication from the City Engineer, dated September 22, 1980, is approved by the Director of Public Works and approved for submission by the Mayor Pro Tem and submitted pursuant to Council Resolution 762-80 in connection with a communication from Harold J. Robinson, 12091 Arcola, Livonia, Michigan 48150, wherein it is requested that a revocable license be granted for continued use of a public easement on Mr. Robinson's property by the location of a shed on a portion of said easement, 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 use of the said easement area, to the extent legally described in the afore- said communication from the City Engineer and subject to the issuance of a building permit and the construction of a rat wall for the said shed; and the Department of Law is requested to prepare the document requested to implement the action taken herein. A roll call vote was taken on the foregoing resolution frith the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #983-80 RESOLVED, that having considered a communication from Mr. Del Peardon, 14341 Denne, Livonia, Michigan 48154, dated September 26, 1980, wherein an interest is expressed to purchase a portion of the Bai Lynn Playfield, located on Lyndon Avenue, east of Merriman Road in Section 23, the Council does hereby request that the Department of Law submit its report and recommendation with respect to the nature of the City's interest in the subject property; and a report and recommendation is also requested with respect to this matter from the Parks and Recreation Commission. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #984-80 RESOLVED, that having considered a communication from the Water and Sewer Board, dated September 11, 1980, which bears the signature of the Finance Director, is approved by the Mayor and which transmits its Resolution WS 2415 9/80, wherein it is recommended that a new water rate of $5.66/1000 CF, be established, effective on all water bills rendered after December 1, 1980, the Council does hereby refer this item to the Water and Sewer Committee for its report and recommendation. By Councilman Nash, seconded by Councilwoman Gundersen, it was #985-80 RESOLVED, that having considered a communication from the Water and Sewer Board, dated September 11, 1980, which bears the signature of the Finance Director, is approved by the Mayor and which transmits its 18947 Resolution WS 2415 9/80, wherein it is recommended that a new water rate of $5.661000 CF, be established, effective on all water bills rendered after December 1, 1980, the Council does hereby refer this matter to the Department of Law for the preparation of an Ordinance amendment to Section 5-408 of the Livonia Code of Ordinances for the purpose of implementing the action recommended herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, McCann and Bennett. NAYS: Bishop The President declared the resolution adopted. By Councilman Taylor, seconded by Councilwoman Gundersen, it was #986-80 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 & 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 matter to the Planning Department staff for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Nash, Taylor, Gundersen, Bishop and Bennett. NAYS: McCann. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman McCann, it was #987-80 RESOLVED, that having considered a communication from the City Planning Commission, dated October 2, 1980, which transmits its resolu- tion 9-228 adopted on September 23, 1980, with regard to Petition 80-7-3-4 initiated pursuant to Council Resolution 705-80 for the vacating of the North/South Alley located east of Farmington Road between Haldane and Carl in the Southwest 1/4 of Section 3, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition 80-7-3-4 subject to the retention of a full width easement for public purposes; 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: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. 18948 By Councilman Taylor, seconded by Councilman Ventura, it was #988-80 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 Committee of the Whole for further consideration, and the Youth Commission is requested to submit its report and recommendation with respect to this matter. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, McCann and Bennett. NAYS: Bishop. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #989-80 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated October 8, 1980 and submit- ted pursuant to Council Resolution 740-79 in connection with a communica- tion from the City Planning Commission, dated June 15, 1979, which transmits its resolution 6-75-79 adopted on June 5, 1979 with regard to Petition 79-5-3-4 which was initiated pursuant to Council Resolution 241-79 requesting the vacating of a 10 foot wide public walkway easement lying between Lots 144 and 145 of Algonquin Park Subdivision in the N.E 1/4 of Section 23, the Council does hereby determine to refer this matter back to the Planning Commission for a new report and recommendation. By Councilman Ventura, seconded by Councilman Bishop, it was #990-80 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 6, 1980, and submitted pursuant to Council Resolution 244-80 in connection with a communication dated December 20, 1979 from the City Planning Commission, which transmits its resolution 12-249-79, adopted on December 18, 1979, with regard to Petition 79-8-2-20 submitted by William and Valerie Stefani requesting waiver use approval to use the ground floor of an existing building located on the south side of Seven Mile Road between Wayne Road and Laurel in the Northwest 1/4 of Section 9 for an accounting office, which property is zoned RUF-B, the Council does hereby determine to concur in the recommenda- tion made by the City Planning Commission and Petition 79-8-2-20 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 Commis- the sion as well as the following additional conditions: a. No signs of any nature shall be permitted. b. No alterations of building for business purposes. c. Provide two feet of landscaping along east side of property. 189+9 A roll call vote was taken on the foregoing resolution with the following result:- AYES: Ventura, Taylor, Gundersen, Bishop and McCann. NAYS: Nash and Bennett. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman McCann, it was #991-80 RESOLVED, that having considered a communication from the City Planning Commission, dated September 20, 1979, which transmits its resolu- tion 9-168-79, adopted on September 11, 1979, with regard to Petition 79-7-2-19 submitted by Perry Drug Stores, Inc. , requesting waiver use approval for a S.D.D. Licensed operation within an existing drug store on property zoned C-2, located at the northwest corner of Seven Mile and Farmington Roads in the Southeast 1/4 of Section 4, the Council does hereby determine to reject the recommendation made by the City Planning Commission and Petition 79-7..2-19 is hereby denied, the Council having determined as a matter of fact that the petitioner has failed to affirm- atively demonstrate that the proposed waiver use complies with the general standards and guidelines set forth in Section 19.06 of the Zoning Ordinance as well as for the following additional reasons. (1) The proposed use is contrary to the spirit and intent of the Zoning Ordinance which, among other things, is to promote and encourage a balance and appropriate mix of uses and not over saturate an area with similar type uses. (2) The proposed use may adversely affect surrounding uses in the area as the inclusion of an S.D D Licensed facility will cause additional traffic and parking congestion. (3) The proposed use will not promote the orderly development of the surrounding area nor add uses that are required to serve the neighborhood. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Taylor, it was #x-992-80 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated September 29, 1980, with respect to a request from the Arbor Drugs, Inc , for a new SDD license to be located at 29553 Five Mile Road, Livonia, Michigan 48154, to be held in conjunction with 1980-81 SDM licensed business, the Council does hereby recommend that the Michigan Liquor Control Commission deny the said request inasmuch as this application and the proposed SDD License would be in violation of provisions set forth in the Livonia Zoning Ordinance, Ordinance 543, as amended, Section 11 03(r); and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. 18950 A roll call vote was taken on the foregoing resolution with the following result. AYES: *Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. *Councilman Ventura made the following statement: My vote for the denial is cast because there is a Licensed Business right across the street. Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 9 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 79-10-1-38 FOR CHANGE OF ZONING FROM R-3 TO P.S. 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 SECTION 23.07 OF ARTICLE XXIII OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." RE: PETITION NO. 80-1-6-1 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 Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2-219 OF CHAPTER 2 (FINANCIAL ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 18951 By Councilman Taylor, seconded by Councilwoman Gundersea, and, unanimously alopted, #993-80 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; MCI A 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, December 15, 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 80-5-1-18, as amended, submitted by Construction Craftsman Corporation for a change of zoning of property located on the northeast corner of Merriman and Seven Mile Roads in the Southwest 1/4 of Section 2, from RUFA to R-7, the City Planning Commission in its resolution 9-226-80 having recommended to the City Council that Petition 80-5-1-18 as amended be approved; 2. Petition 80-8-6-9, submitted by the City Planning Commission for an amendment to Section 18.47, Vicinity Control Or- dinance, and Section 18.58, Site Plan Ordinance, of Zoning Ordinance 543, to require the posting of bonds to ensure installation of approved site landscaping, the City Planning Commission in its resolution 9-229-80 having recommended to the City Council that Petition 80-8-6-9 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the a. nature of the proposed amendment to the Zoning Ordinance and/or b. location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each rail- road company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution By Councilman Ventura, seconded by Councilman Taylor, it was #994-80 RESOLVED, that having considered a communication from the City Planning Commission, dated August 25, 1980 which sets forth its resolution 8-199-80 adopted on August 19, 1980 with regard to Petition 80-6-1-22 submitted by Geneva Jane Cicirelli for a change of zoning on property located south of Plymouth Road and west of Farmington Road, in the North- east 1/4 of Section 33, from RUF to R-7, and the Council having conducted a public hearing with regard to this matter on October 20, 1980 pursuant 18952 to Council Resolution 887-80, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 80-6-1-22 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 accord- ance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, McCann and Bennett. NAYS: Bishop. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Ventura, it was #995-80 RESOLVED, that having considered a communication from the City Planning Commission, dated September 10, 1980 which sets forth its resolu- tion 9-220-80, adopted on September 9, 1980 with regard to Petition 80-7-1-25 submitted by Columbus Development, Inc. for a change of zoning on property located on the south side of Six Mile Road between Merriman Road and Oporto Street in the N.W. 1/4 of Section 14 from RUF and RUFC to P.S. and P, and the Council having conducted a public hearing with regard to this matter on October 20, 1980, pursuant to Council Resolution 887-80, the Council does hereby concur in part and reject in part the recommenda- tion of the Planning Commission, and the said Petition 80-7-1-25 is hereby approved and granted to the extent of approving the rezoning of the northerly 286' of the subject property from RUF and RUFC to P.S. and the balance of the said Petition is hereby denied for the same reasons as those set forth in the aforesaid action of the Planning Commission; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Gundersen, Bishop, McCann and Bennett. NAYS: Taylor. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman McCann, it was #996-80 RESOLVED, that having considered a communication from the Presi- L dent of the City Council, dated October 14, 1980, which bears the signa- ture of the Finance Director, the Council does hereby authorize the trans- fer of the sum of $4,000.00 to the Capital Outlay Account, No 101-101-981 from the following accounts in the following amounts: 18953 $1,300 from Acct. No. 101-101-864 - Travel & Education $2,700 from Acct. No 101-101«885 - Public Relations 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: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was #997-80 RESOLVED, that having considered a communication from the Department of Law, dated October 17, 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 Sections 7 & 8, owned by Violet E. Jonas, formerly known as Violet E Morse, seller, as well as to acquire a permanent easement in Section 8, which rights-of-way and easement are more particularly described as: The West 60 feet of the following parcel of land: The West 1/2 of the N.W 1/4 of Section 8, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan (Newburgh Road Right-of-Way - part of Bureau of Taxation Parcel 08G1). and That part of the East 1/2 of the N E 1/4 of Section 7, T. 1 S. , R 9 E , City of Livonia, Wayne County, Michigan, being more particularly described as commencing at the East 1/4 corner of said Section 7, and proceeding thence S. 89° 58' 20" W along the East and West 1/4 line of Section 7, 33.0 feet to the point of beginning; thence S. 89° 58' 20" W. along said 1/4 line, 51.0 feet, thence N. 12° 03' 58" E 276.13 feet, thence S. 0° 09' 10" W , 270.0 feet to the point of beginning containing 0.176 acres (Newburgh Road right-of-way - Part of Bureau of Taxation Parcel 07A). and The East 25 feet of the West 85 feet of the North 75 feet of the following parcel of land: The West 1/2 of the N.W 1/4 of Section 8, T. 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan (Newburgh Road Right-of-Way - Part of Bureau of Taxation Parcel 08G1) (Permanent Easement). subject to the following terms and conditions 1895+ (1) that the purchase price shall be in the sum of $4o,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 the sum not to exceed .$332.73. BE IT FURTHER RESOLVED, that a sum not to exceed $40,562.73 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: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS• None. By Councilman Ventura, seconded by Councilwoman Gundersen, it was Iram #998-80 RESOLVED, that having considered a communication from the Director of Public Works, dated October 13, 1980, approved for submission by the Mayor, to which is attached a communication from Lou LaRiche Chevrolet, Inc. dated October 10, 1980, with regard to the renewal of two 1979 Chevrolet Malibus, serial numbers 1W191T91>+11385 and 1W191T91417345, which cars are to be used by the office of the City Clerk and the office of the City Treasurer, the Council does hereby authorize the renewal of the said leases based upon the same terms and conditions as those that are set forth in the aforesaid communication (monthly payment of $99.58 for each car); and the Council does hereby determine to authorize the said leases without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with provisions set forth in Section 2 213(d)(5) of the Livonia Code of Ordinances, as amended; and the City Clerk and the 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. Ventura, Nash, Taylor, Gundersen, Bishop, McCann, and Bennett. NAYS. None. By Councilman McCann, seconded by Councilman Ventura, and unanimously ihms, adopted, it was #999-80 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. 18955 By Councilman McCann, seconded by Councilman Taylor, it was W1000-80 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 21, 1980, and submitted pursuant to Council Resolution 94+5-80 in connection with 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, James P. Ryan Associates and Louis G. Redstone Associates, Inc. , the Council does hereby determine to retain the services of Hoyem-Basso Associates, Inc. , Ralls-Hamill Group, 33900 Schoolcraft Road, Livonia, Michigan 48150, for the purpose of performing architectural services in the preparation of a feasibility and design study, including the development of the schematic design phase, for a proposed addition and renovation of the existing Police Detective Facilities, for a sum not to exceed $5,000.00; and the Department of Law is hereby requested to prepare an agreement with the aforesaid architec- tural firm for submission to Council for its approval. A roll call vote was taken on the foregoing resolution with the following result- AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Ventura, seconded by Councilwoman Gundersen, and unanimously adopted, this 942nd Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:25 P. M., October 22, 1980. L ADDISON W. BA''IIII CI 'Y CLERK