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HomeMy WebLinkAboutCOUNCIL MINUTES 1980-06-18 18682 MINUTES OF THE NINE HUNDRED AND THIRTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 18, 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 Taylor 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. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Frances S. Stem, Deputy City Clerk; Harry C. Tatigian, City Attorney; Elaine Tuttle, City Treasurer; Robert Turner, Police Chief; John Nagy, City Planner; Jack Dodge, Director of Finance; Robert Osborn, Director of Public Works; Rudolf R. Kleinert, Director of Public Safety-Fire; G. E. Siemert, City Engineer; Russell Gronevelt, Superintendent of Public Service; Michael Reiser, Director of Civil Defense; Fernon P. Feenstra, Zoning Board of Appeals; James Miller, Personnel Director; and Ronald Nison of the Zoning Board of Appeals. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #584-80 RESOLVED, that the minutes of the 933rd Regular Meeting of the Council of the City of Livonia, held June 4, 1980, are hereby approved. The communication dated May 28, 1980 from the Livonia Housing Commission relative to the installation of gutters at the Silver Village buildings, was received and filed for the information of the Council. The communication dated June 18, 1980 from Fernon P. Feenstra, Zoning Board of Appeals, resigning from the Board effective 12:00 Midnight, July 10, 1980, was received and filed for the information of the Council. 18683 Councilwoman Gundersen took from the table, for second reading and adoption the following Ordinance: AN ORDINANCE AMENDING TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING CHAPTER 29, THERETO The President of the Council relinquished the Chair to the Vice-President at 8:11 p. m. to speak on the foregoing proposed Ordinance. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Gundersen, Bennett and Nash. NAYS: Taylor, McCann, Ventura and Bishop. The Vice-President declared the Ordinance DENIED. By Councilman Taylor, seconded by Councilman Ventura, it was RESOLVED, that the Council does hereby request that the Human Relations Commission do all things necessary to form and establish a sub-committee to perform the functions that would have otherwise been performed in the event a Women's Commission had been established. *The President resumed the Chair at 9:23 p. m. Councilwoman Gunderson, supported by Councilman Bennett, offered the following substitute resolution , which was unanimously adopted: #585-80 RESOLVED, that the Livonia City Council hereby requests that the Human Relations Commission address the problems and questions of women's concerns in Livonia and that in complying with this request the Commission establish a sub-committee or task force or use other suitable means to address the question, with the Commission itself making _.those decisions that need be made in order to assure an objective analysis of the status of women in Livonia, and that studies be made with particular emphasis on the displaced homemaker, employment/job statistics, and also to analyze the impact to Livonia of demographic and statistical data relating to the working woman; FURTHER, that the Council hereby requests the City Attorney to review and recommend modifications to the Human Relations Commission Ordinance, if need be, in order to provide the appropriate authority to deal with this subject. By Councilman VentuAra, seconded by Councilman Nash, it was #586-80 RESOLVED, that the Council does hereby determine to refer the entire subject of the proposed establishment by the Human Relations Commission of a Women's sub-committee, as referred to in Council Resolution No. 585-80, to the Committee of the Whole for further consideration. 18684 A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Bishop, McCann, Ventura, Nash and Bennett. NAYS: Gundersen. The President declared the resolution adopted. At 8:35 p. m., a recess was called after which the meeting resumed with all members present who were present at the roll call of this meeting. Councilman Nash took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING CHAPTER 1 (MINORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 8-106 THERETO. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 9-304 (c) , (3) of Title 9, Chapter 3 (LOT PARTITION ORDINANCE, OF THE LIVONIA CODE OF ORDI- NANCES, AS AMENDED. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: 18685 AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 79-5-1-13 FOR CHANGE OF ZONING FROM C-1 TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 11 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 NO. 80-1-1-1 FOR CHANGE OF ZONING FROM R-5 TO P. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 15 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 NO. 79-8-1-27 for change of zoning FROM R71 TO P. 18686 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bishop and Bennett. NAYS: Taylor, Gundersen, McCann, Ventura and Nash. The President declared the foregoing Ordinance DENIED. By Councilman Nash, seconded by Councilman Taylor, it was #587-80 RESOLVED, that having considered the report and recommendation of the Fire Chief and the Director of Public Safety-Fire, dated May 27, 1980, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Peter F. Payette Company, Inc., P. 0. Box 2066, 11861 Longsdorf, Riverview, Michigan 48192, for supplying the City (Fire Division) with six (6) Scott Air Paks and six (6) Scott Bottles for the price of $4980.00, the same having been in fact the lowest bid received and meets all specifications; further, the Council does hereby appropriate and authorize the expenditure of the sum of $4980.00 from the 1968 General Obligation Fire Department Bond Issue for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett NAYS: None, By Councilman Taylor, seconded by Councilman Ventura, it wars #588-80 RESOLVED, that having considered the report and recommendation of the Fire Chief and the Director of Public Safety-Fire, dated May 27, 1980, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Peter F. Payette Company, Inc. , P. 0. Box 2066, 11861 Longsdorf, Riverview, Michigan 48192, for supplying the City (Fire Division) with fire hose for the price of $27,664.00, the same having been in fact the lowest bid received which meets specifications, further, the Council does hereby appropriate and authorize the expenditure of the sum of $27,664.00 from the 1968 General Obligation Fire Department Bond Issue for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. Ey Councilman Nash, seconded by Councilman McCann, it was #589-80 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated May 30, 1980, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission •.by the Mayor, the Council does hereby accept the Unit Price Bid of U. S. Standard Sign Company, 18687 516 Sumner Street, P. O. Box 4005, Toledo, Ohio 43609, for supplying the City (Public Service Division-Sign Maintenance Section) with Traffic Sign Faces, Letters and Roll Goods for the period through May 31, 1981 for the estimated total cost of $24,083.75, based upon the Public Service Division's estimate of units involved, and subject to a final payment based upon the actual units purchased, in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received which meets specifi- cations for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett,. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #590-80 RESOLVED, that having considered a communication from the Director of Finance, dated May 28, 1980, approved for submission by the Mayor, the Council does hereby authorize a one year extension of the Agreement between the City of Livonia and James H. Karoub, as the City's Legislative Consultant, for the period through April, 1981, the said one year extension to be based upon the same terms and conditions as those which are set forth in a contract dated April 20, 1977, which was authorized in Council Resolution 335-77 adopted on April 6, 1977, and which was thereafter extended for one year, pursuant to Council Resolution No. 1058-79 adopted on October 24, 1979; and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to affix their signatures to the said contract extension, which agreement shall be prepared by the Department of Law in accordance with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann., Ventura, Nash and Bennett. NAYS: None. The following resolution was unanimously offered, supported and adopted: #591-80 RESOLVED, that having considered a letter dated May 12, 1980 from Jim Steckel, 39169 Ross, Livonia, Michigan 48154, requesting permission to close Adam Street (between Jamison and Ross in Castle Gardens) from 5:00 P. M. on Saturday, July 26, 1980, to 2:00 A.M. on Sunday, July 27, 1980, for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, the action herein taken being made subject to approval of the Police Department. The following resolution was unanimously offered, supported and adopted: 18688 #592-80 RESOLVED, that having considered a letter from Gary K. Johnson, 9815 Blackburn, Livonia, Michigan 48150, dated June 2, 1980, requesting permission to close Blackburn Avenue between West Chicago and Orangelawn from 12:00 Noon to 12:00 Midnight on Saturday, July 26, 1980, for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. By Councilman Taylor, seconded by Councilman Ventura, it was #593-80 RESOLVED, that having considered a communication from the City Assessor, dated May21, 1980, approved for submission by the Mayor, with regard to a request from Mr. Ira Wilson, 1600 N. Woodward Avenue, Birming- ham, Michigan 48011, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby find that the proposed Division of Tax Item No. 46 095 99 0002 000 (24AA1) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing the same into five parcels, the legal descriptions of which shall read as follows: Parcel "A" Part of the SW 1/4 of Section 24, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. Described as Commencing at the SW Corner of said Sec. 24 and proceeding thence Due North along the W line of Section 24 a distance of 117.00 ft. , th S 89° 34' 48" E a distance of 60.00 ft. to the P.O.B., th Due North parallel to the W line of Sec. 24, a distance of 221.40 ft., th N 07° 41' 17" W, 65.63 ft., th S 89° 28' 12" E, 238.78 ft., th Due South 285.91 ft., th N 89° 34' 48" W, 230.00 ft. to the P.O.B. Containing 1.517 Acres more or less and subject to all easements and rights of-ways of record. Also subject to the use of the Northerly 30.00 ft. thereof for ingress-egress and public utility easement, being more particu- larly described as: Commencing at the SW corner of Sec. 24, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, th North, 117.00 ft., th S 89° 34' 48" E, 60.00 ft. , th North, 221.40 ft. , th N 07° 41' 17" W, 35.36 ft. to the P.O.B., th continuing N 07° 41' 17" W, 30.27 ft., th S 89° 28' 12" E, 238.78 ft. , th Due South, 30.00 ft. , th N 89° 28' 12" W, 234.77 ft. to the P.O.B. Parcel "B" Part of the SW 1/4 of Section 24, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, Described as: Commencing at the SW Corner of said Sec. 24, and proceeding th Due North along the W. line of Sec. 24 at a distance of 117.00' , th S 89° 34' 48" E, 290.00 ft. to the P.O.B., th Due North, 285.91 ft. , th S 89° 28' 12" E., 225.00 ft., th Due South, 285.27 ft., th N 89° 38' 46" W, 183.89 ft., th N 89° 34' 48" W, 41.11 ft. to the P.O.B. Containing 1.475 Acres more or less and subject to all easements and rights-of-ways of record. Also subject to the Northerly 30.00 ft. thereof for ingress and egress and public utility easement, being more particn]arly described as: Commencing at the SW corner of Sec. 24, T. 1 S. R. 9 E. , City of Livonia, Wayne County, Michigan, thence Due North, 117.00 ft., th S 89° 34' 48" E, 290.00 ft., th Due North, 255.91 ft. to the P.O.B., th continuing Due North, 30.00 ft. , th S 89° 28' 12" E., 225.00 ft., th Due Soutn, 30.00 ft. , th N 89° 28' 12" W., 225 00 ft. to the P.O.B. 16689 Parcel "C" Part of the SW 1/4 of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Described as: Commencing at the SW Corner of said Sec. 24, and proceeding thence Due North along the W. line of Sec. 24, a distance of 117.00' , th S 89° 34' 48" E, 331.11 ft., th S 89° 38' 46" E 183.89 ft. to the P.O.B. , th North, 285.27 ft., th S 89° 28' 12" E, 233.85 ft., th S 00° 00' 45" W, 284.56 ft., th N 89° 38' 46" W, 233.78 ft. to the P.O.B. Containing 66,614.66 sq. ft. (1.529 Acres more or less) and subject to all easements and rights-of-ways of record Also subject to the use of the Northerly 30.00 ft. thereof for ingress- egress and public utility easement, being more particularly described as: Commencing at the SW corner of said Sec. 24, and proceeding thence Due North along the W. line of Section 24, a distance of 117.00' , th S 89° 34' 48" E., 331,11 ft., th S 89° 38' 46" E., 183.89 ft., th North, 255.27 ft. to the P.O.B., th continuing North 30.00 ft., th S 89° 28' 12" E, 233.85 ft., th South 30.00 ft., th N 89° 28' 12" W, 233.$4 ft. to the P.O.B. Parcel "D" Part of the SW 1/4 of Section 24, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. Described as: Commencing at the SW corner of said Sec. 24, and proceeding thence Due North along the W. line of Sec. 24, a distance of 117.00' thence S 89° 34' 48" E, 331.11 ft., th S. 89° 38' 46" E, 417.67 ft. to the P.O.B., th N 00° 09' 45" E, 284.56 ft., th S 89° 28' 12" E, 570.00 ft., th S 00° 00' 38" W, 283.28 ft. , th N 89° 34' 33" W, 387.80 ft., th N 89° 38' 46" W, 182.20 ft. to the P.O.B. Containing 3.714 Acres more or less and subject to all easements and rights-of-ways of record. Parcel "E" Part of the SW 1/4 of Section 24, T. 1 S., R.9 E., City of Livonia, Wayne County, Michigan. Described as: Commencing at the SW corner of said Sec. 24 and proceeding thence Due North along the W. line of Sec. 24 a distance of 117.00 ft. , th S 89° 34' 48" E a distance of 60.00 ft., thence Due North a distance of 221.40 ft. , th N 07° 41' 17" W a distance of 65.63 ft. to the Point of Beginning, thence continuing N 07° 41' 17" W, 136.22 ft., th Due West, 33.00 ft. to the W. line of Sec. 24, th Due North along the said W line of Section 24, 365.37 ft., th N 88° 53' 08" E, along the S'ly line of "Hampshire Estates Sub'n", 1319.16 ft. (recorded N 88° 55' 30" E, 1319.1V')to the SE corner of said "Hampshire Estates Sub'n" (recorded in L 96, P 54, 55 and 56 WCRs) and the W line of "Mar-git Sub'n" (recorded in L. 85 P 94 & 95 WCRs) thence S 00° 00' 38" W along the said W line of "Mar-git Sub'n" a distance of 537.74 ft. to the SW corner of "Mar-git Sub'n" No. 2" (recorded in L 92 P 27 & 28 WCRs) thence N 89° 28' 12" W, 1267.63 ft. to the point of beginning. Contain- ing 15.578 Acres more or less and subject to all easements and rights- of-ways of record. Also subject to the use of the W 33.00 ft. of the North 305.37 ft thereof as Middlebelt Road. al` as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds. 18690 im. A roil call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #594-80 WHEREAS, the qualified electors of the City of Livonia (the "City") at the election duly called and held on November 8, 1977, did by more than the required majority of those voting approve the following proposition: Bonding Proposition Shall the City of Livonia, County of Wayne, Michigan, borrow the principal sum of not to exceed Seven Million Nine Hundred Thousand Dollars ($7,900,000) and issue its general obligation un- limited tax bonds therefor, for the purpose of defraying the City's share of the cost of paving, widening and improving streets and highways within the City, including necessary rights-of-way, rail- road grade separations, sidewalks, curb and gutter and proper drainage facilities therefor? and LWHEREAS, the City has already issued $2,100,000 GENERAL OBLIGA- TION STREET AND HIGHWAY BONDS, SERIES I, dated May 1, 1978; and WHEREAS, the City has already issued its $3,100,000 GENERAL OBLIGATION STREET AND HIGHWAY BONDS, SERIES II, dated December 1, 1978; and WHEREAS, it is the determination of the City Council that at this time bonds in the principal amount of Two Million Seven Hundred Thousand Dollars ($2,700,000) should be issued as a third and final series of said total authorization, for the purpose of paying part of the cost of certain of the improvements specified in the aforesaid proposition; NOW, THERFORE, BE IT RESOLVED THAT: 1. Bonds of the City designated GENERAL OBLIGATION STREET AND HIGHWAY BONDS, SERIES III (the "Bonds") be issued in the aggregate principal sum of Two Million Seven Hundred Thousand Dollars ($2,700,000) for the purpose of paying the cost of the projects described in the ballot (the "Project"). Said issue of Bonds shall consist of five hundred forty (540) bonds of the denomination of $5,000 each, numbered consecutively in direct order of maturity from 1 upwards, dated as of August 1, 1980. The Bonds shall be registrable as to principal only and shA11 L bear interest at a rate or rates determined upon sale of the Bonds, not exceeding ten percent (10%) per annum, payable on April 1, 1981, and semiannuAlly thereafter. The Bonds shall be payable annually without the option of prior redemption, on April 1st in the following years and Principal amounts: 18691 Years Amount 1984 to 1988, inclusive; $125,000 each year 1989 to 1992, inclusive, $150,000 each year 1993; $225,000 1994 and 1995 $625,000 each year Principal and interest on the Bonds shall be payable at a bank or trust company designated by the original purchaser of the Bonds, who may also designate a co-paying agent, subject to the approval of the City Clerk. Interest on the Bonds from August 1, 1980 to October 1, 1981 shall be capitalized and paid from the proceeds of the Bonds. 2. The Mayor, the City Clerk and the City Treasurer shall execute the Bonds and the Mayor and City Treasurer shall execute the interest coupons to be attached to the Bonds by causing their facsimile signatures to be affixed thereto, and there shall be affixed to the Bonds the City seal. Upon the execution of the Bonds, theTreasurer shall deliver the Bonds to the Purchaser thereof upon receipt of the purchase price therefor. 3. The Treasurer shall open a separate depositary account with a bank or trust company designated by the City Council, to be designated GENERAL OBLIGATION STREET AND HIGHWAY BONDS, SERIES III DEBT RETIREMENT FUND (the "Debt Retirement Fund"), the moneys to be deposited into said fund to be specifically earmarked and used solely for the purpose of paying principal and interest on the Bonds as they mature. All proceeds from taxes levied for the Debt Retirement Fund shall be deposited as collected into the Debt Retirement Fund. In addition, there shall be deposited in the Debt Retirement Fund the premium and accrued interest, if any, received on delivery of the Bonds, plus a sum, which when taken together with said premium and accrued interest shall be sufficient to pay interest on the Bonds until October 1, 1981. Commencing with the fiscal year beginning December 1, 1981, there shall be levied upon the tax rolls of the City for the purpose of the Debt Retirement Fund each year, in the manner required by the provisions of Act 202, Public Acts of Michigan, 1943, as amended, an amount 'sufficient so that the estimated collection therefrom will be sufficient to promptly pay, when due, the principal and interest on the Bonds becoming due next following the levy and before the time of collection of the next following tax levy. If at the time of making any such annual tax levy there shall be surplus moneys on hand in the Debt Retirement Fund for the payment of principal of and interest on the Bonds, then credit therefor may be taken against such annual levy for said fund. 4. The Treasurer shall open a separate depositary account with a bank or trust company designated by the City Council to be designated 1980 STREET CONSTRUCTION ACCOUNT (the "Construction Fund"). There shall be deposited in the Construction Fund the proceeds of sale of the Bonds exclusive of the accrued interest and premium, if any, received upon delivery of the Bonds plus a sum, which when taken together with said accrued interest and premium, will be sufficient to pay interest on the Bonds until October 1, 1981. Except for investment pending disbursement and as hereinafter provided, the moneys in the Construction Fund shall be used solely and only to pay the costs of the Project, including the cost of the issuance of the Bonds, as such costs become due and payable. Moneys remaining in the Construction Fund after completion of the Project may be used for any purpose permitted by law. 18692 5. The Bonds and coupons shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA GENERAL OBLIGATION STREET AND HIGHWAY BOND, SERIES III No. $5,000 THE CITY OF LIVONIA, County of Wayne, State of Michigan, promises to pay to the bearer of this bond, or if registered to the registered owner, the sum of FIVE THOUSAND DOLLARS lawful money of the United States of America, on the first day of April, A. D., 19with interest thereon from the date hereof until paid at the rate of percent ( %) per annum, payable on April 1, 1981, and semiannually thereafter upon presentation and surrender of the proper interest coupons hereto attached as they severally become due. _ Both principal of and interest on this bond are hereby made payable at the principal office of and for prompt payment of this bond, both principal and interest, the fi11 faith, credit and resources of the City of Livonia are hereby irrevocably pledged. This bond is one of a series of five hundred forty (54+0) bonds of even date and like tenor, except as to rate of interest and date of maturity, aggregating the principal sum of $2,700,000, numbered consecutive- ly in direct order of maturity from 1 upwards, issued as a third and final series of a total authorization of $7,900,000 for the purpose of paying part of the cost of certain street and highway improvements in the City, pursuant to a vote of the qualified electors of the City voting thereon at an election duly called and held on November 8, 1977. Bonds of this issue shall not be subject to redemption prior to maturity. This bond may be registered as to principal only on the books of the City kept by the paying agent in the name of the holder and such registrationzoted on the back hereof by the paying agent, after which no transfer shall be valid unless made on the books and noted on the back hereof in like manner, but transferability by delivery may be restored by registration to bearer. Such registration shall not affect the negotiabili- ty of the interest coupons. 18693 This bond is payable out of the Debt Retirement Fund of the City for this issue and it is hereby certified and recited that all acts, conditions and things required by law to be done, precedent to and in the issuance of this bond and the series of bonds of which this is one, exist and have been done and performed in regular and due form and time as required by law, and that the total indebtedness of the City, including this bond, does not exceed any constitutional, statutory or charter limitation. IN WITNESS WHEREOF, the City of Livonia,County of Wayne, Michigan, has caused this bond to be signed in the name of the City by its Mayor and to be countersigned by its City Clerk and City Treasurer and its corporate seal to be hereunto affixed, and has caused the annexed interest coupons to be signed by the facsimile signatures of its Mayor and City Treasurer, all as of the first day of August, A. D., 1980. CITY OF LIVONIA By Mayor (SEAL) Countersigned: City Clerk City Treasurer REGISTRATION NOTHING TO BE WRITTEN HEREON EXCEPT BY THE PAYING AGENT Date of Registration . : Name of Registered Owner Registrar • • • 6. The City Clerk shall (1) make application to the Municipal Finance Commission for an order granting permission for the issuance of the Bonds; (2) upon receipt of said order fix a date of sale for the Bonds; and (3) publish notice of sale of the Bonds in the Dailey Bond Buyer, New York, New York, and in the Observer-Eccentric, a newspaper of general circulation in the City, which notice of sale shall be in substantially the following form: 18694 imp OFFICIAL NOTICE OF SALE $2,700,000 CITY OF LIVONIA COUNTY OF WAYNE, STATE OF MICHIGAN GENERAL OBLIGATION STREET AND HIGHWAY BONDS, SERIES III SEALED BIDS for the purchase of theabove bonds will be received by the undersigned at the office of the City Clerk located at 33000 Civic Center Drive, Livonia, Michigan 48154, on the day of , 1980, until ;) o'clock .m. Eastern Time, at which time and place said bids will be publicly opened and read. The bonds will be awarded to the successful bidder at the City Council meeting to be held at the Civic Center, 33000 Civic Center Drive, Livonia, Michigan at 8:00 o'clock p. m. on the same date. BOND DETAILS: Said bonds will he coupon bonds of the denomination of $5,000 each, registrable as to principal only, dated. August 1, 1980, numbered in direct order of maturity from 1 upwards and will bean interest from their date payable on April 1, 1981, and seminanually thereafter. Said bonds will mature on the 1st day of April in the amounts and years as follows: Years Amount 1984 to 1988, inclusive $125,000 each year; 1989 to 1952, inclusive $15Q,)000 each year; 1993 $225,000; 1994 and 1995 $625,000 each year. PRIOR REDEMPTION: Bonds of this issue shall not be subject to redemption prior to maturity. INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest at a rate or rates not exceeding 10% per annum, to be fixed by the bids therefor expressed in multiples of 1/8 of 1/20 of 1%, or both. The interest on any one bond shall be at one rate only, all bonds maturing in any one year must carry the same interest rate and each coupon period will be represented by one interest coupon. The difference between the highest and lowest interest rates bid shall not exceed 2%. No proposal for the purchase of less than all of the bonds or at a price less than 100% of their par value will be considered. PAYING AGENT: Both principal and interest shall be payable at a bank or trust company located in Michigan qualified to act as paying agent under State or United States law to be designated by the original purchaser of the bonds, who may also designate a co-paying agent, which may be located outside of Michigan, qualified toact as paying agent under the law of the State in which located or of the United States, both of which shall be subject to approval of the undersigned. 18695 PURPOSE AND SECURITY; The bonds were authorized at an election held November 8, 1977, and are issued as a third and final series of a authorization of $7,900,000 for the purpose of paying part of the cost of acquirir and constructing street and highway improvements in the City. The bonds will pledge the full faith and credit of the City for payment of the principal and interest thereon and will payable from ad valorem taxes, which may be levied without limitation as to rate or amount. The rights or remedies of bondholders may be affected by bankruptcy laws or other creditors' rights legislation now existing or hereafter enacted. GOOD FAITH: A certified or cashier's check in the amount of $54,000, drawn upon an incorporated bank or trust company and payable to the order of the City Treasurer must accompany each bid as a guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails to tales up and pay for the bonds. No interest shall be allowed on the good faith checks and checks of the unsuccessful bidders will be promptly returned to each bidder's representative or by registered mail. AWARD OF BONDS: The bonds will be awarded to the bidder whose bid produces the lowest interest cost computed by determining, at the rate or rates specified in the bid, the total dollar value of all interest on the bonds from , 1980, to their maturity and deducting therefrom any premium. LEGAL OPINION: Bids shall be conditioned upon the unqualified approving opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, a copy of which opinion will be printed on the reverse side of each bond and the original of which will be furnished without expense to the purchaser of the bonds at the delivery thereof, The fees of Miller, Canfield, Paddock and Stone for services rendered in connection with such approving opinion are expected to be paid from bond proceeds. Except to the extent necessary to issue their ungmlified approving opinion as to validity of the above bonds, Miller, Canfield, Paddock and Stone has not been requested to examine or review and has not examined or reviewed any financial documents, statements or materials that have been or may be furnished in connection with the authorization, issuance or marketing of the bonds, and accordingly will not express any opinion with respect to the accuracy or completeness of any such financial documents, statements or materials. DELIVERY OF BONDS: The City will furnish bonds ready for execution at its expense. Bonds will be delivered without expense to the purchaser at Detroit, Michigan, Chicago, Illinois or New York, New York. The usual closing documents, including a certificate that no litigation is pending affecting the issuance of the bonds, will be delivered at the time of the delivery of the bonds. If the bonds are not tendered for delivery by twelve o'clock noon, Eastern Time, on the 45th day following the date of sale, or the first business day thereafter if said 45th day is not a business day, the successful bidder may on that day, or any time thereafter until delivery of the bonds, withdraw his proposal by serving notice of cancellation, in writing, on the undersign- ed in which event the City shall promptly return the good faith deposit. Payment for the bonds shall be made in Federal Reserve Funds. Accrued interest to the date of delivery of the bonds shall be paid by the purchaser at the time of delivery. 18696 CUSIP NUMBERS: CUSIP identification numbers will be printed on the bonds, L at the City's expense, except payment of the charge for assignment of numbers which will be the purchaser's responsibility. Neither the failure to print such numbers on any bonds nor any error with respect thereto sanll constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and pay for said bonds in accordance with terms of the purchase contract. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. ENVELOPES containing the bids should be plainly marked "Proposal for General Obligation Bonds." City Clerk, City Livonia APPROVED: STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION (7) The estimated period of usefulness of'ithe Project is hereby L declared to be not less than twenty (20) years. (8) 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: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Nash, seconded by Councilwoman Gundersen, it was #595-8(0 RESOLVED, that having considered a communication from the City Planning Commission, dated February 26, 1980, which sets forth its resolution 2-52-80 adopted on February 19, 1980 with regard to Petition 79-12-1-42 submitted by Ager Building Company for a change of zoning on property located on the north side of Seven Mile Road, east of Shadyside, in the Southwest 1/4 of Section 3, from R-3-A, C-1 and P.L. to R-1-A, and the Council having conducted a public hearing with regard to this matter on March 31, 1980, pursuant to Council Resolution 209-80, the Council does hereby reject the recommendation of the Planning Commission, and the said Petition 79-12-1-42 is hereby approved and granted only to the extent of approving a zoning change to the R-2--A classification; 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, in accordance with this resolution. 18697 A roll call vote was taken on the foregoing resolution with the following result: LAYES: Taylor, Gundersen, McCann and Nash. NAYS: Bishop, Ventura and Bennett. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Bishop, it was #596-80 RESOLVED, that having considered a communication from the City Planning Commission, dated May 30, 1980, which transmits its resolution 5-136-80 adopted on May 20, 1980 with regard to Petition 80-5-2-13, submitted by Brown & Deyo Associates for Jacobson's Stores requesting !giver use approval to construct a retail sales building on the northwest corner of Newburgh and Six Mile Roads in the Southeast 1/4 of Section 7, which property is zoned C-2, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 80-5-2-13 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission as well as the additional condition that the petitioner shall be required to provide 10' wide parking stalls and to obtain a variance from the Zoning Board of Appeals as to the number of parking spaces required by Ordinance. L A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #597-80 RESOLVED, that having considered a communication from Mr. and Mrs Frank Falzone, 15430 Green Lane, Livonia, Michigan 48154, dated May 24, 1980, wherein it is requested that the City of Livonia convey certain property located in Section 13 for the price of $143.12, the Council does hereby refer the same to the City Planning Department and the Law Depart- ment for their respective reports and recommendations A roll call vote was taken on the foregoing resolution with the following result. AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Ventura, seconded by Councilman Taylor, it was #598-80 RESOLVED, that having considered a communication from Elaine Tuttle, City Treasurer, dated June 2, 1980, wherein she indicates that she L has appointed Mrs Carol Falle as Deputy City Treasurer, the Council does hereby determine to confirm the said appointment, in accordance with Chapter V, Section 9 of the Charter of the City of Livonia at a salary of $21,864.70 and other benefits as established in Council Resolution No. 538-80. 18698 A roll call vote was taken on the foregoing resolution with the following result. AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #599-80 RESOLVED, that having considered a communication from the City Engineer, dated May 28, 1980, approved by the Director of Public Works and approved for submission by the Mayor, concerning the installation of sidewalks at the following locations. Parcel No. Footage 08J1alal 150 1 f 08J1a2a 150 1 f 08J2a1a2 J2alb 31 1 f. 08J2alalala 270 1 f and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to above to construct and install sidewalks at such premises and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to the Livonia Code of Ordinances, as amended, Title 5, Chapter 1, Section 5-137, and, FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalks on or before July 30, 1980, after which date the Engineering Division shall arrange for the construction of the said sidewalks as part of the City's 1980 Miscellaneous Sidewalk and Drive Approach Program. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett NAYS: None The communication from the Superintendent of Public Service dated May 19, 1980 with respect to use of alternative fuels for City equipment (CR-1179-79) was received and placed on file for the information of the Council. By Councilman McCann, seconded by Councilman Bishop, it was #600-80 RESOLVED, that having considered 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 refer the same to 18699 the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES• Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: *Ventura The President declared the resolution adopted *Councilman Ventura made the following statement My 'no' vote is cast because I would rather have a resolution of approval By Councilman Bishop, seconded by Councilwoman Gundersen, it was #601-80 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated March 5, 1980, and a communica- tion from the Chief of Police, dated April 25, 1980, in connection with a request from Mahesh C Kohli, who has been appointed Power of Attorney for Charanjit S Sandhu, holder of 1979-80 SDM licensed business located at 28760 Plymouth Road, Livonia, Michigan, the Council does hereby determine to take no further action with respect to the same based upon Mr. Sandhu's representation that this request is no longer necessary; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett NAYS• None. By Councilman Nash, seconded by Councilman Bishop, it was #602-80 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated June 4+, 1980, with regard to an application from Mr. Richard E Pringle, of 2209 West 29th Street, Topeka, Kansas, 66611, on behalf of Brock Hotel Corporation (formerly Topeka Inn Management, Inc ), for a new Class "C" License to be located at 17]23 North Laurel Park Drive, Livonia, Michigan, Wayne County, the Council does hereby determine to take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request "above all others," such approval being subject to and conditioned upon compliance by the applicant with the following conditions 1 That the license will be put to use within the City of Livonia within 2 years from the date of issuance by the Michigan Liquor Control Commission 2. That the license will be used at the location indicated by the applicant in accordance with plans and other communica- him tions submitted to the Council 3 That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 18700 4 That the license will riot be transferred, sold or assigned to a third party prior to actual use by the applicant 5. That a police report will be submitted to the Council In the event that the applicant fails to comply with any of the aforesaid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked except to the extent that the applicant may be permitted to seek modification of condition No 2 above, upon approval of such modification by the City Council based upon a showing of good cause; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result. AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, it was #603-80 WHEREAS, there exists in the City of Livonia (the "Municipality") the need for certain programs to alleviate and prevent conditions of unemployment and to assist and retain local industries and commercial enterprises and to encourage the location of industries and commercial enterprises in order to strengthen and revitalize the economy of the Municipality and provide needed services and facilities to the Municipality and the residents thereof; and WHEREAS, as one of its programs to alleviate the aforesaid conditions and accomplish said purposes, the Economic Development Corpora- tion of the City of Livonia (the "Corporation") in conformity with Act 338, Michigan Public Acts, 1974, as amended ("Act 338 '), has initiated proceed- ings with respect to the potential issuance of its limited obligation economic development revenue bonds to assist in the financing of the Project captioned in the title of this resolution; and WHEREAS, the Corporation in conformity with Act 338 has prepared and submitted to the "Local Public Agency", as defined in Act 338 (i e "the official body of a municipality authorized to plan and implement the development and redevelopment of the municipality") and this governing body of the Municipality a Project Plan for the Project; and WHEREAS, the Local Public Agency has reviewed the Project Plan and recommended approval of the Project Plan as submitted to this governing body of the Municipality; and WHEREAS, this governing body of the Municipality has conducted a public hearing and approved the Project Plan, all in conformity with Act 338; and WHEREAS, Topeka Inn Management, Inc. (the "Company") has, since the date of the aforesaid actions, changed its name to "Brock Hotel Corporation"; and 18701 WHEREAS, this governing body has received representations by officers of the Company that there has been no fundamental change in the ownership, management, or style of operation of the Company; NOW, THEREFORE, BE IT RESOLVED: 1. That this governing body does recognize that the Company, formerly known as Topeka Inn Management, Inc. , is now known as Brock Hotel Corporation. 2. That in all proceedings respecting the issuance by the Corporation of its limited obligation economic development revenue bonds, the name "Brock Hotel Corporation" shall be used wherever appropriate, in the place and stead of the name "Topeka Inn Management, Inc.". A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman McCann, and unanimously adopted, it was #604-80 RESOLVED, that having considered a communication from Mr. Orson Smith, 8641 Hubbard, Westland, Michigan 48185, dated June 2, 1980, sub- mitted in behalf of the Livonia Woodcarvers, the Council does hereby determine to waive the Transient Merchant' s License for exhibitors at the Livonia Woodcarvers' Annual Show to be conducted on August 2nd & 3rd, 1980, at the Eddie Edgar Sports Arena; and the City Clerk is hereby requested to do all things necessary or incidental to the full perform- ance of this resolution. By Councilman Nash, seconded by Councilman Ventura, it was #605-80 RESOLVED, that having considered a communication from the Water and Sewer Board, dated May 29, 1980, which bears the signature of the Finance Director, is approved by the Mayor, and which transmits its resolu- tion WS 2401 5/80, and to which is attached a revised Agreement between the Wayne County Department of Health and the City of Livonia with respect to the Cross Connection Control Services Program and a revised budget figure for the program period July 1, 1980 through June 30, 1981 in the estimated amount of $24,595.00, the Council does hereby determine to approve the said revised Agreement and to authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute the same, as well as to do all other things necessary or incidental to the full perform- ance of this resolution, FURTHER, the Council does hereby authorize the expenditure of the sum of $23,000.00 from the 1980-81 Budget of the Water and Sewer Division allocated with respect to this program. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. 18702 By Councilman Ventura, seconded by Councilman Taylor, it was #606-80 RESOLVED, that having considered a communication from the Water and Sewer Board, dated May 29, 1980, which bears the signature of the Finance Director, is approved by the Mayor, and which transmits its resolu- tion WS 2403 5/80, the Council does hereby authorize a service contract with Hersey Meter Company, 250 Elm Street, Dedham, Massachusetts 06026, to test and modernize large industrial meters, for a sum not to exceed $15,000 00, the same to be expended from funds appropriated for this purpose in the 1980-81 Budget of the Water and Sewer Division; FURTHER, the Council does hereby determine to authorize the said service contract with- out competitive bidding for the reasons indicated in the aforesaid communica tion, and such action is taken in accordance with the provisions set forth in Section 2-213 (d) (5) of the Livonia Code of Ordinance. A roll call vote was taken on the foregoing resolution with the following result. AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, and unanimously adopted, it was #607-80 RESOLVED, that having considered a communication from the Water and Sewer Board, dated May 28, 1980, which bears the signature of the Finance Director, is approved by the Mayor, and which transmits its resolution WS 2394 3/80, wherein it is recommended that disposal and maintenance rates, as set forth in Section 5-510 of the Livonia Code of Ordinances, as amended, be revised, the Council does hereby refer the same to the Department of Law for the preparation of an ordinance amendement to Section 5-510 for this purpose which shall thereafter be submitted to Council for its consideration. By Councilman McCann, seconded by Councilman Bishop, it was #608-80 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated May 22, 1980, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize a one year extension of the Lease between the City of Livonia and Lee Grant with respect to the caretaker's house at Greenmead, 38125 West Eight Mile Road, Livonia, Michigan, for the period July 1, 1980 through June 30, 1981, to be based upon the same terms and conditions as those which are set forth in the Lease dated June 25, 1979, authorized in Council Resolution 481-79 adopted on May 23, 1979; provided, however, that the following additional condition shall be added to the original agreement- In the event changes are made to the interior of the building, the Historical Commission requires that the original condition be documented and placed in their files at the time of the change. In addition, any items removed shall be stored in the attic of the building in boxes marked as to content and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to affix their signatures to the said Lease Agreement 18703 Extension, which Agreement shall be prepared by the Department of Law in accordance with the action taken herein A roll call vote was taken on the foregoing resolution with the following result• AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett NAYS• None. By Councilman McCann, seconded by Councilman Bishop, it was #609-80 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated May 22, 1980, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize a one year extension of the lease between the City of Livonia and Harvey and Pamela Allen with respect to the residence located over the garage in the carriage house at Greenmead, 38125 West Eight Mile Road, Livonia, Michigan, for the period July 1, 1980 through June 30, 1981, to be based upon the same terms and conditions as those which are set forth in the lease dated May 1, 1979, authorized in Council Resolution 301-79 adopted on April 4, 1979; provided, however, that the following additional conditions shall be added to the original Agreement: 1. Maintenance and/or repair work must be reviewed and authorized by the Livonia Historical Commission prior to execution by the tenant. 2. Established restoration procedures of the Livonia Historical Commission must be followed at all times. 3. In the event changes are made to the interior of the building, the Historical Commission requires that the original condition be documented and placed in their files at the time of the change. In addition, any items removed shall be stored in the attic of the building in boxes marked as to content. and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to affix their signatures to the said Lease Agreement Extension, which Agreement shall be prepared by the Department of Law in accordance with the action taken herein A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #610-80 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated May 22, 1980, approved by the Finance Director and approved for submission by the Mayor, with regard to the renewal of the contract between the City of Livonia and Suzanne Daniel, a member of the 18704 Livonia Historical Commission, as designated by the Commission, authorizing the purchase by this member of artifacts and furnishings, the Council does hereby authorize the said extension in the manner and form herein recommend- ed for a one year period, the said one year extension to be based upon the same terms and conditions as those which are set forth in a contract dated July 2, 1979, which contract was previously authorized in Council Resolution 585-79 adopted on June 20, 1979; and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to affix their sig- natures to the said Contract Extension, which Contract shall be prepared by the Department of Law in accordance with the action taken herein By Councilman McCann, seconded By Councilwoman Gundersen, and unanimously adopted, it was #611-80 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated June 3, 1980, approved for submission by the Mayor, and submitted in behalf of the Livonia Anniversary Committee, Inc. , the Council does hereby authorize the issuance of a Permit to the Wade Amusement Company for a carnival amusement and rides without the payment of any fees at Ford Field for the period June 17 through June 22, 1980 in connection with the Spree "30" celebration, the hours of operation for amusement rides being limited on June 17 from 4:00 P M. to Midnight and on June 18, 19, 20, 21 and 22 from noon to midnight; FURTHER, the Council does hereby grant permission to the said Livonia "SPREE 30" Committee and the Parks and Forestry Division of the Department of Public Service to transport and fire aerial fireworks on Sunday, June 22, 1980, at 10:00 P M. at Ford Field; provided, however, that this fireworks display shall be subject to observation by the Livonia Fire Department and shall be conducted in an area approved by it; FURTHER, that the permission herein granted is conditioned upon full compliance and adherence to the provisions set forth in Act 358 of PA of 1968; and the Bureau of Inspection, the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #612-80 RESOLVED, that having considered the report and recommendation of. the City Engineer, dated June 3, 1980, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to take this means to indicate the City's willingness to accept jurisdiction and maintenance of a 21 inch storm sewer system located near the intersection of Fairlane and Six Mile Road to be built in connection with the development of the Sherwood Forest Estates Subdivision located on the north side of Six Mile Road in the S W 1/4 of Section 9; FURTHER, the Council does hereby authorize the City Engineer to execute a Wayne County Permit for and on behalf of the City of Livonia in connection with the aforesaid storm sewer construction By Councilman Taylor, seconded by Counci1msn Ventura, it was 18705 #613-80 RESOLVED that, Greenfield Construction Co , Inc., 13040 Merriman, Livonia, Michigan 48150, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Laurel Park Professional Center Subdivision, located in part of the N E 1/4 of Section 18, City of Livonia, the said proposed preliminary plat being dated March 26, 1979; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission after due notice and a public hearing on March 20, 1979; and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated May 30, 1980; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions- (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 9, Chapter 1 of the Livonia Code of Ordinances, as amended; the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such depart- ment; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered. null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended; (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 9-122 of the said Subdivision Control Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans; (5) That the following Cash Payments be made to the City Clerk and a Receipt obtained therefor: A Trees Not recommended B Street Name Signs $ 100 00 C Traffic Control Signs 500 00 D Street Light Notification Signs N. A E Engineering Services (General Improvement) 1. Plan Review & Admin. (1-1/2%) $1,204 35 2. Field Inspection (3-1/2%) 2,810.15 4,014 50 F. Engineering Service (Grading Soil Erosion Control) 1 . Plan Review 35.00 2. Permit & Inspection 175.00 210 00 Total Cash Payments. . . $ 4,824 50 18706 (6) That the final true record plat of the aforesaid subdivi- sion shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Or- dinance and this resolution; (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as shad be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts; such deposits to be deposited in the office of the City Clerk: General Improvement Bond - $79,000.00, of which at least 8,000.00 shall be in cash Sidewalk Bond - 9,500 00, of which at least 2,000.00 shall be in cash Grading and Soil Erosion Control Bond - 2,000.00 (Cash) Monuments and. Lot Markers - 400.00 (Cash) Development of Greenbelt Easement - $2,000.00 (Cash) (9) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the subdivision, in accordance with City ordinances. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilwoman Gundersen, seconded by Councilman Bishop, and unanimously adopted, it was #614-80 RESOLVED, that having considered a communication from Mrs. Janet Kidd, 11419 Ingram, Livonia, Michigan 48150, dated June 9, 1980, requesting permission to conduct a children's parade on July 4, 1980 between the hours of 10:30 A.M. and 12:00 Noon beginning at Plymouth Road and Hubbard, 18707 proceeding south on Hubbard to Orangelawn and ending at the Rosedale Elementary School, the Council does hereby determine to grant permission as requested, the action taken herein being subject to approval of the Police Department. By Councilman Nash, seconded by Councilman Ventura, it was #615-80 RESOLVED, that having considered a communication dated June 9, 1980 from the Department of Law transmitting for Council acceptance one Grant of Easement more particularly described as. Grant of Easement, dated May 30, 1980, executed by Alex Fedrigo and Gwen Fedrigo, his wife, conveying an easement for installing and maintaining a storm sewer, described as follows: The East 10.0 feet of the South 20.0 feet of the following described parcel of land: That part of the N.E. 1/4 of Section 29, T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant N 89° 25' 10" W 315.00 feet and S 00° 26' 13" W 248 00 feet from the N.E corner of Section 29, T. 1 S. , R 9 E , and proceeding thence S. 00° 26' 13" N 1072 00 feet; thence N 890 25' 10" 11 264.00 feet; thence N 00° 26' 13" E 1072.00 feet; thence S. 89° 25' 10" E 264.00 to the Point of Beginning. the Council does hereby for and in behalf of the City Livonia accept . �reatfl a§a1$ E8$4d26 giSn6f $et �` iitY0itEtfiscnaasrafilieqed to do all other t ings necessary or incl ena toi1e purpose of this resolution A roll call vote was taken on the foregoing resolution with the following result- AYES. Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett NAYS: None By Councilman McCann, seconded by Councilman Nash, it was #616-80 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated June 9, 1980, submitted pursu- ant to Council Resolution 226-80, in connection with a communication from the Police Chief, dated February 19, 1980, which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem, to which is attached a letter dated February 8, 1980 from Livonia Towing & Auto Impound, requesting a rate adjustment for vehicle towing and storage charges, the Council does hereby approve an increase in the vehicle towing charge in an amount not to exceed $25.00 and in the storage fee in an amount not to exceed $4.00 per day, and the Department of Law is hereby requested to prepare and submit to Council for its consideration an ordinance amending Title 6, Chapter 1 of the Livonia Code of Ordinances to reflect such changes A roll call vote was taken on the foregoing resolution with the following result: 18708 AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. The communication from Plante ° Moran, Certified Public Accountants, P. 0. Box 307, 26211 Central Park Boulevard, Southfield, Michigan 48037, dated April 4, 1980, transmitting reports prepared in connection with the independent audit of the financial statements of the various funds of the City of Livonia for the year ending November 30, 1979, was received and placed on file for the informa- tion of the Council. By Councilman McCann, seconded by Councilm:n Taylor, and unanimously adopted, it was #617-80 RESOLVED, that having considered a communication from Vans Stevenson, Regional Coordinator for Warner Amex/Van Arnem Cable, Inc. , dated June 9, 1980, relative to the submission of a proposal for a cable television franchise for the City of Livonia, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was 018-80 RESOLVED, that having considered a communication from the Mayor, dated June 3, 1980, wherein it is indicated that Mr. Robert Jankowski, 15583 Hix, Livonia, Michigan 48154, has been reappointed to the Board of Directors of the Economic Development Corporation of the City of Livonia for a one year term expiring June 7, 1981, the Council does hereby approve of and concur in the aforesaid action, provided that the aforesaid person takes the oath of office as required in Section 3, Chapter X of the City Charter, to be administered by the office of the City Clerk By Councilwoman Gundersen, seconded by Councilman Bishop, it was #619-80 RESOLVED, that pursuant to Section 21.02 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Mary ICarenko, 15735 Southampton, Livonia, Michigan 48154, is hereby appointed as a member of the Zoning Board of Appeals to fill the unexpired term of Fernon P. Feenstra, which term shall expire July 12, 1981, with all of the authority and duties as set forth in the said Zoning Ordinance and Act 207. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. 18709 By Councilman Bishop, seconded by Councilman Ventura, it was #620-80 RESOLVED, that pursuant to Section 21.02 of the Zoning Ordinance of the City of Livonia, Ordinance No. 51+3, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Fernon P Feenstra, 35231+ Elmira, Livonia, Michigan 48150, is hereby appointed a member of the Zoning Board of Appeals for a three year term of office, such term commencing on July 11, 1980, with all of the authority and duties as set forth in the said Zoning Ordinance and Act 207. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #621-80 RESOLVED, that having considered a communication from Robert D Bennett, President of the Livonia City Council, which bears the signature of the Finance Director, dated June 13, 1980, wherein a request is made for the transfer of funds to provide for the position of Council Secretary in the Council's budget for the remainder of the fiscal year ending November 30, 1980, the Council does hereby determine to transfer the sum of $680.00 from the Public Relations Account No. 101-101-855 to the Salaries £ Benefits Account No. 101-101-702, 713, 722 for this purpose. A _•oll call vote was taken on the foregoing resolution with the following result. AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett NAYS: None. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE• PETITION 79-10-1-31+ FOR CHANGE OF ZONING FROM RUF TO C-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. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was 18710 #622-80 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934; MCLA 125 58)4), 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, July 21, 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 No. 80-4-1-13, submitted by Parkside Livonia Credit Union for a change of zoning of property located south of Plymouth Road on the east side of Raleigh in the N W. 1/4 of Section 32, from RUF to P, the City Planning Commission having in its resolution 5-127-80 recommended to the City Council that Petition 80-4-1-13 be approved; (2) Petition No 80-4-1-14, submitted by the City Planning Commission for a change of zoning of property located on the north side of Plymouth Road, west of Merriman Road in the S E 1/4 of Section 27, from C-2 to C-1, the City Planning Commission having in its resolution 5-128-80 recommended to the City Council that Petition 80-4-1-14 be approved; (3) Petition No. 80-4-1-16, submitted by North American Photo, Inc. , for a change of zoning of property located on the southwest corner of Schoolcraft and Inkster Roads in the N E 1/4 of Section 25, from P.S to M-1, the City Planning Commission having in its resolution 5-129-80 recommended to the City Council that Petition 80-4-1-16 be approved; (4) Petition No. 8o-4-6-6, submitted by the City Planning Commission, to amend Section 21.09 (e), Determination of Appeal, of Ordinance No. 543, to incorporate language pursuant to a recent amendment to the City/County Zoning Act, and to amend Section 21 08, Limitations on the Powers of the Zoning Board of Appeals, of Ordinance No 543, the City Planning Commission having in its resolu- tion 5-134-80 recommended to the City Council that Petition 80-4-6-6 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 amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia, as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be 18711 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 thro districts or zones affected, and further, the City Clerk is requested to do all things necessary or incidental to the full performance of this resolu- tion. By Councilman Ventura, seconded by Councilman Taylor, it was #623-80 RESOLVED, that having considered a communication from the Mayor, dated June 6, 1980, the Council does hereby approve of and concur in the appointment of Sue Sobolewski, 9200 Montana, Livonia, Michigan 48150, to the City Planning Commission effective July 11, 1980, to fill the unexpired term of Esther Friedrichs, which term shall expire on June 9, 1981, provided that Ms. Sobolewski takes the oath of office as required in Section 3, Chapter X of the City Charter, to be administered by the City Clerk. A roll call vote was taken on the foregoing resolution with the following result AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett NAYS: None. By Councilman Bishop, seconded by Councilwoman Gundersen, it was #624-80 RESOLVED, that having considered a communication from the Chairman of the Arts Commission, dated June 5, 1980, which bears the signature of the Finance Director and is approved for submission by the Mayor, which indicates that a grant in the amount of $4380.00 to specifically fund the August 24, 1980 presentation of Leonard Smith and the Detroit Concert Band at Ford Field has been presented to the Livonia Arts Commission by the Livonia-Redford Regional Community Relations Committee of the Ford Fund, the Council does hereby authorize the Arts Commission, for and on behalf of the City of Livonia, to accept the said grant, as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. The report of the Finance Director of an Analysis of General Fund Revenue was received and placed on file for the information of the Council. By Councilman Bishop, seconded by Councilman Ventura, it was #625-80 RESOLVED, that the Council does hereby determine to rescind and repeal Council Resolution 547-80 adopted on June 4, 1980 and does further direct that the action authorized in Council Resolution 490-80 wherein the Council did appropriate the sum of $5505.45 from the Unexpended Fund Balance Account for the purpose of making payment to Wayne County Communities for Equal Representation be given full force and effect. A roll call vote was taken on the foregoing resolution with the following result: 18712 AYES: Taylor, Gundersen, Bishop, i•IcCann, Ventura, Nash and Bennett LNAYS: None. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #626-80 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 #627-80 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 25, 1980, and the report and recommendation of the Chief of Police, dated June 16, 1980, in connection therewith, the Council does hereby approve of the request from Paul Sabatini for transfer of ownership of 1979 Class C Licensed Business with permit for sale and the consumption of alcoholic beverages in Concourse Area but does recommend denial of the application for official permit for difference in hours of operation of Bowling Lanes, located at 31360 Plymoutl Road, Livonia, Michigan 48150, Wayne County, from Edward Weber; and the City Clerk is hereby requested to forward a certified copy of this resolu- tion to the Michigan Liquor Control Commission. L. A roll call vote was taken on the foregoing resolution with the following result. AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman McCann, it was #628-80 RESOLVED, that having considered a communication from the City Clerk, dated May 23, 1980, which indicates that Floyd A Balman, 33551 Seven Mile Road, Livonia, Michigan 48152, proprietor of Pembroke Commons Subdivision, situated in the S E 1/4 of Section 1, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval; and the Council having received a communication from the City Planning Commission, dated May 23, 1980, wherein said Commis- sion approves the final plat for the said subdivision in its resolution 5-141-80 adopted on May 20, 1980; and the Council having considered a report from the City Engineer, dated May 20, 1980, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 246-79, adopted on March 21, 1979 said preliminary plat having been recommended for approval by the City Planning Commission on October 3, 1978 in its resolution 10-212-78; NOV, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Pembroke Commons Subdivision, located in the S E 1/4 of Section 1, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia; and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. 18713 A roll call vote was taken on the foregoing resolution with the following result 140 AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #629-80 RESOLVED, that the Council having adopted resolution 563-80 at its regular meeting held on June 4, 1930 requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed road improvement of Greenland Avenue in the N.W 1/4 of Section 14, T 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of June 17, 1980, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, July 21, 1980, at 8:00 P M as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the Civic Center Municipal Building, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code By Councilman Bishop, seconded by Councilman Taylor, it was #630-80 RESOLVED, that having considered a communication from the Chief of Police, dated May 29, 1980, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby approve of establishing an additional position of Captain of Police for the purpose of administering and supervising personnel relations in the manner described in the aforesaid communication; and, for this purpose, the Council does hereby authorize the transfer of the sum of $4222.40 from Patrol Bureau Account 101-325-702 000 000 to Administration Account 101-304-702.000 000. A roll call vote was taken on the foregoing resolution with the following result. AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. 18714 By Councilman McCann, seconded by Councilwoman Gundersen, it was #631-80 RESOLVED, that having considered a communication from the Township of Denton, dated June 16, 1980, wherein the Denton Township Board submits an offer of $700 00 for the purchase of two (2) used Shoup Voting Machines from the City of Livonia and agrees to pay for shipping and transportation costs from Livonia to Prudenville, Michigan in this regard, the Council does hereby determine, for and on behalf of the City of Livonia, to authorize the sale of two (2) used Voting Machines for the price and in the manner and form herein submitted; further, 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: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS• None. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adpted, this 934th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:45 P. M , June 18, 1980. Imw ADDISON W. BAC., , ' C ERK