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HomeMy WebLinkAboutCOUNCIL MINUTES 1981-09-10 19498 MINUTES OF THE NINE HUNDRED AND SIXTY-FOURTH REGULAR MEETING LOF THE COUNCIL OF THE CITY OF LIVONIA On September 10, 1981, 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. . Councilwoman Gundersen delivered the invocation. Roll was called with the following result: Present: Robert D. Bennett, Robert F. Nash, Alice Gundersen, Robert R. Bishop, Robert E. McCann and Peter A. Ventura. Absent: Gerald Taylor. Elected and appointed officials present: Addison W Bacon, City Clerk; Frances S. Stem, Deputy City Clerk; Harry C. Tatigian, City Attorney; Ronald Mardiros, City Assessor; Robert E. Osborn, Director of Public Works; William E. Crayck, Police Department; Jack Dodge, Finance Director; Daniel R. Andrew, Planning L Commission, H. Shane, Planning Department; Theodor Krauss, Civil Service; Michael Reiser, Emergency Preparedness Coordinator; and G. E. Siemert, City Engineer. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #786-81 RESOLVED, that the minutes of the 963rd Regular Meeting of the Council of the City of Livonia, held August 26, 1981, are hereby approved. The communication from the Finance Director dated August 18, 1981, transmitting Financial Statements for the Month ending July 31, 1981, was received and placed on file for the information of the Council. The communication from the Planning Commission dated. August 24, 1981, transmitting "Capital Improvement Program, City of Livonia, 1982-1987" was received and placed on file for the information of the Council. The communication from the Engineering Division dated August 24, 1981, Lwith respect to Completion of Contract - 1981 Lane Line Marking Project, was received and placed on file for the information of the Council. By Councilman McCann, seconded by Councilman Ventura, it was 19499 #787-81 RESOLVED, that having considered a communication from the City Engineer, dated August 12, 1981, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Counci Resolution 667-81, relative to the matter of a possible catch basin and street repair in front of 29020 Minton, the Council does hereby request that the Public Service Division submit its report and recommendation with respect to this matter relative to (1) the assignment of an appropriate priority and (2) the subsequent placement of this location on the Public Service Division's Road Maintenance Schedule, in accordance with the assigned priority. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #788-81 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated August 12, 1981, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Gregware Equipment Company, 5085 Alpine N.W., P. 0. Box L, Grand Rapids, Michigan 49501, for supplying the Public Servic- Division (Road Maintenance Section) with two (2) Trailer-Mounted Leaf Loaders for a total price of $23,950.00, the same having been in fact the lowest bid received which meets all specifications (the bids of Miller Equipment Company being rejected for the reasons indicated in the aforesai communication); and the Council does hereby appropriate and authorize the expenditure of the sum of $23,950.00 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. The communication from the City Treasurer dated July 29, 1981, with respect to the 1979 and 1980 Miscellaneous Sidewalk & Drive Approach Program, was received and placed on file for the information of the Council. CR-678-81 & 679-81. By Councilman McCann, seconded by Councilman Taylor, it was #789-81 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 24, 1981, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, in connection with the contract previously awarded pursuant to Council Resolution 418-78 to Howe-Martz Glass Company for the Phase III, Part 28, Contract for interior glass, glazing and windows of the Civic Center Municipal Building, the final actual cost of which was in the amount of $27,466.31, the Council does hereby authorize the final payment of same and for this purpose does 19500 hereby appropriate and authorize the expenditure of an additional $1,013.3 impofrom Federal Economic Development Administration Funds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #790-81 RESOLVED, that having considered a communication from the Personnel Director, dated August 18, 1981, approved by the Finance Directo and approved for submission by the Mayor, and which transmits a resolution adopted on August 13, 1981, wherein the Civil Service Commission requests a transfer of certain funds, the Council does hereby approve and authorize the following transfer of f nds: FROM: Service Recognition 220-749 $1,900 Interview Board 236-825 1,000 Publishing 236-905 300 53,200 TO: Office Supplies 220-728 $ 550 Miscellaneous 220-756 150 Office Equipment Maint. 220-934 200 Printing 220-904 800 Medical Examiner 236-828 1 500 3,200 A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #791-81 RESOLVED, that having considered a letter from Mr. Richard D. Cramb, Sr., 15137 Arden, Livonia, Michigan, dated August 20, 1981, requesting permission to close Elsie between Arden and Melrose on Saturday, September 26, 1981 from 5:00 P.M. to 10:00 P.M. for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, the action herein being made subject to the approval of the Police Department. 19501 By Councilman McCann, seconded by Councilman Ventura, it was 4792-81 RESOLVED, that having considered a communication from the Craft Show Chairman of St. Colette's Church, 17600 Newburgh Road, Livonia, Michigan 48152, received by the office of the City Clerk on August 17, 1981, with regard to the Third Annual Craft, Hobby and Gift Show to be conducted at St. Collette's Church on October 15 - 16, 1981, the Council does hereby determine to waive all license and permit fees, prescribed by City ordinance, which are applicable to this event and does hereby request that the City Clerk 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: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #793-81 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated August 21, 1981, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Williams Gun Sight Company, 7389 Lapeer Road, Davison, MI 48423, for supplying the Police Division with Police Uniform Holsters at a unit price cost of $37.09 each and a total cost of $1,854.50, 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: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #794-81 RESOLVED, that having considered a communication from the Water and Sewer Board, dated August 26, 1981, approved by the Finance Director and approved for submission by the Mayor, and which transmits its resolutioi WS 2474 881, the Council does hereby accept the bid of Water Products Company, 6227 Millett, Sterling Heights, Michigan 48077, for supplying the Water and Sewer Division with Water Main Clamps for the total estimated cost of $6,848.99, 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: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was 19502 #795-81 RESOLVED, that having considered a communication from the Water and Sewer Board, dated August 26, 1981, approved by the Finance Director and approved for submission by the Mayor, and which transmits its resolu- tion WS 2+75 8/81, wherein it is recommended that Title 5 of the Livonia Code of Ordinances be amended so as to establish new rates for Industrial Waste Pollutant Strength Surcharges, the Council does hereby refer the same to the Department of Law for the purpose of placing the proposed changes in proper ordinance form for submission to the City Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #796-81 RESOLVED, that having considered a communication from the Livonia Aging Commission, dated August 21, 1981, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $700.00 from Account #101-913-86+.015.000 (Travel and Ed. ) to Account #101-913-728.000.000 (Office Supplies), the action herein being taken for the reasons indicated in the aforesaid communications. A roll call vote was taken on the foregoing resolution with the following result AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #797-81 RESOLVED, that having considered a communication from the Director of Finance, dated September 1, 1981, and approved for submission by the Mayor Pro Tem, with regard to conducting a public hearing in connec tion with general revenue sharing funds, the Council does hereby determine that a Public Hearing shall be conducted on Wednesday, October 14+, 1981 at 7:30 P.M., at the Civic Center Municipal Building, 33000 Civic Center Drive, Livonia, Michigan 4+815+, with respect to the proposed Use Report and Budget presented to the City Council by the Mayor for the fiscal year December 1, 1981 to November 30, 1982, so that citizens may have the opportunity to provide written and oral comments on the possible uses of such funds at that time; and the City Clerk shall give adequate public notice of the said public hearing in accordance with provisions of law. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was 19503 #?98-81 RESOLVED, that with respect to the proposed Annual Budget for the City of Livonia for the Fiscal Year commencing December 1, 1981, the Council does hereby determine to set a Public Hearing thereon on Wednesday, October 21, 1981 at 7:00 P.M., at the Civic Center Municipal Building, 33000 Civic Center Drive, Livonia, Michigan 48154, in accordance with the provisions of Chapter VII of the City Charter; and the City Clerk shall give notice of said Public Hearing in accordance and pursuant to provision. of the City Charter. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Nash, it was #799-81 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated September 10, 1981, and submittc pursuant to Council Resolution 643-81 in connection with a communication from the Mayor, dated July 2, 1981, to which is attached a communication from the Michigan Municipal League, dated June 15, 1981, wherein a request is submitted for a contribution in an amount equal to 2 cents per capita in order to alleviate the cost of hosting the National League of Cities Congress, to be conducted in Detroit in 1981, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $2,09+.56 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Nash, it was RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated September 10, 1981, and submit- ted pursuant to Council Resolution 669-81 in connection with the report anc recommendation of the acting Chief of Police, dated July 1, 1981, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Shooters Service, 29419 W. Six Mile Road, Livonia, Michigan 48152 for supplying the Police Division with eight (8) Smith & Wesson Model 66-4 Hand Guns for the price of $1,291.0+, 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: Gundersen, McCann and Nash. NAYS: Bishop, Ventura and Bennett. The President declared the resolution DENIED. 19504+ By Councilman McCann, seconded by Councilman Bishop, it was #800-81 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated September 10, 1981, and submit- ted pursuant to Council Resolution 669-81 in connection with the report anc recommendation of the acting Chief of Police, dated July 1, 1981, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Michigan Police Equipment Company, 6521 Lansing Road, Charlotte, Michigan 48813, for supplying the Police Division with eight (8) Smith and Wessons Model 66-4 handguns for the price of $1,34+4.00, the same having been in fact the second lowest bid received for this item and meets all specifications, it being the determination of the Council to reject the low bid due to certain unusual circumstances involved herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura and Bennett. NAYS: Nash. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman McCann, it was #801-81 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 24, 1981, and submitted pursuant to Council Resolution 507-81 in connection with a communication from Plant, & Moran, Certified Public Accountants, P.O. Box 307, 26211 Central Park Boulevard, Southfield, Michigan, dated April 29, 1981, which transmits its report relative to the financial statements of the various funds of the City for the year ended November 30, 1980, the Council does hereby acknowl edge and receive the aforesaid audit report and does further request that the recommendations contained therein be implemented in an expeditious manner by appropriate City departments and agencies. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None, At the direction of the Chair, the item on the agenda with respect to the proposed Twice Yearly Tax Collections, was removed and will be considered at a later meeting of the Council. By Councilman McCann, seconded by Councilwoman Gundersen, it was #802-81 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 24, 1981, in connection with Cabl« Television, the Council does hereby request that the Mayor submit a report and recommendation with respect to consultants that should be interviewed by the Council. 19505 L A rcll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, Ventura, Nash and Bennett. NAYS: McCann. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #803-81 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 24, 1981, in connection with Cable Television, the Council does hereby request that the Department of Law submit a preliminary draft of a proposed regulatory ordinance and franchise agreement to the Council and Ad Hoc Committee for their consideration. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING ARTICLE XVIII OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING L ORDINANCE" BY ADDING SECTION 18.37 (p) THERETO. RE: PETITION NO. 79-6-6-3 By Councilman McCann, seconded by Councilman Ventura, it was #804-81 RESOLVED, that the proposed amendment to the Zoning Ordinance No. 543, as amended, Petition No. 79-6-6-3, submitted by the Department of Law under date of August 18, 1981, so as to prohibit the sale or storage of vehicles on any off-street parking, having been given its second reading by Councilman Bishop on September 10, 1981, is hereby referred to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, McCann, Ventura, Nash and Bennett. NAYS: Bishop. The President declared the resolution adopted Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING TITLE 6, CHAPTER 1, (TRAFFIC ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 6-166(w) THERETO. 19506 By Councilman McCann, seconded by Councilman Ventura, it was L #805-81 RESOLVED, that the proposed amendment to the Livonia Code transmitted by the Department of Law under date of August 18, 1981, which prohibit the display of items for sale on private property, having been given its second reading by Councilman Bishop on September 10, 1981, is hereby referred to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result. AYES: Gundersen, McCann, Ventura, Nash and Bennett. NAYS: Bishop. The President declared the resolution adopted. Councilman McCann took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTIONS 2-705, 2-715, 2-719, 2-721, 2-723, 2-730, 2-745 AND 2-74+8 OF, AND ADDING SECTION 2-749 TO, CHAPTER 7 (RETIREMENT PLAN ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. LA roil call vote was taken on the foregoing Ordinance with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Ventura, seconded by Councilwoman Gundersen, and unanimously adopted, it was #806-81 RESOLVED, that having considered a communication from Mr. George W. Phillips, 20+60 Brentwood, Livonia, Michigan, dated August 13, 1979, wherein it is requested that a revocable license be granted in order to legalize the installation of an existing aboveground swimming pool on a portion of an easement and flood plain located at the rear of Lot #241, Hearthstone Subdivision, Section 1, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a revocable license permitting the installation of said swimming pool in the manner and form requested, subject, however, to the correction or elimination of any violations heretofore cited by the Bureau of Inspection L with respect to the pool installation; and the Department of Law is requested to prepare the necessary document to implement the action taken herein. 19507 LBy Councilman Bishop, seconded by Councilwoman Gundersen, and unanimously adopted, it was #807-81 RESOLVED, that having considered a communication from the Mayor, dated August 11, 1981, to which is attached a proposed lease agreement between the City of Livonia and the Livonia Public Schools School District for the use by the City of the Jackson Elementary School for municipal and community purposes, the initial determination of which lease is for a period of ten (10) years, the Council does hereby refer this matter back to the Mayor for a new report and recommendation. By Councilman Ventura, seconded by Councilwoman Gundersen, it was RESOLVED, that having considered a communication from the Mayor, dated August 11, 1981, to which is attached a proposed lease agreement between the City of Livonia and the Livonia Public Schools School District for the use by the City of the Jackson Elementary School for municipal and community purposes, the initial determination of which lease is for a period of ten (10) years, the Council does hereby request that the Mayor submit a report and recommendation relative to the feasibility of using the fifth floor of the City Hall in lieu of the Jackson School, which report should include a report relative to the overall costs involved for use of the Jackson School. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Ventura and Bennett. NAYS: Bishop, McCann and Nash. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman McCann, it was #808-81 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 228 for the proposed street improvement consisting of placing of 4" of asphalt on the existing roadway (Alternate IV) on Curtis Avenue, between Lathers and Deering in the East 1/2 of Section 12, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on August 31, 1981 at 7:00 P.M. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of said street improvement to be constructed in Special Assessment District No. 228; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; L NOW, THEREFORE, BE IT RESOLVED, THAT' 19508 (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated June 30, 1981, in the amount of $32,155.33 are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 228 is hereby approved and confirmed in all respects; (3) The amount of said roll shallbe divided into ten (10) equal annual installments with interest at the rate of eight (:'.) percent per annum on the unpaid balance of the assess- ment from the date of confirmation. Said interest shall be payable on each installment due date; provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll, said rate of interest shall be adjusted to a rate which is not more than 1% above the average rate of interest borne by said bonds. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payabl( December 1, 1981 and subsequent installments on December le of succeeding years; (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorsf the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty (60) days from December 1, 1981 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1982 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest foe all unpaid installments; and 19509 (6) The City Council hereby determines to pay a portion of the cost (60%) of the said improvement within the said district in the sum of $19,293.20. A roil call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, it was #809-81 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 229, more particularly described in Council Resolution No. 88-81 adopted on January 28, 1981, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Hidden Creek Subdivision in said Special Assessment District No. 229; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with davitt ornamental poles with underground wiring and that the assessments set forth in said Special Assessment District No. 229 Roll are fair and equitable and based upon benefits derived in said district, in accordance with plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No. 229 based on installation of a mercury vapor street lighting system on davitt ornamental poles with underground wiring is hereby approved and confirmed in all respects; pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Cler} shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasure/ who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman McCann, seconded by Councilwoman Gundersen, it was #810-81 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 230, more partic- i, described in Council Resolution No. 85-81 adopted on January 28, 1981, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in whicl 19510 street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in the Sherwood Forest Subdivisio. in said Special Assessment District No. 230. NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with davitt ornamenta poles with underground wiring and that the assessments set forth in said Special Assessment District No. 230 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of th City Engineer and resolutions of the City Council; said Special Assessment Roll No. 230 based on installation of a high pressure sodium street lighting system on davitt ornamental poles with underground wiring is hereby approved and confirmed in all respects; pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura and Nash. NAYS: Bennett. The President declared the resolution adopted By Councilman Nash, seconded by Councilwoman Gundersen, and unanimously adopted, it was #811-81 RESOLVED, that having considered a communication from the Joint Council/School Board Affairs Committee which contains a background report on the Youth Employment Office compiled by the Livonia Public Schools, Curriculum and Career Education Department, dated June 211, 1981, and which includes a year end statistical report for the period June 15, 1970 throng June 19, 1981, the Council does hereby refer the same to 'the Committee of the Whole for further consideration. By Councilman Ventura, seconded by Councilman Nash, it was #812-81 WHEREAS, the City Clerk has received an Application for Industria Facilities Exemption Certificate from Contractors Steel Company, dated April 2C, 1981, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 7; and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i.e., the City of Livonia, and advised each of them that the said application has been received; and WHEREAS, the City Council has afforded Contractors Steel Company, the Assessor, and a representative of each of the affected taxing units an. opportunity for a hearing on this Application and said hearing having in 19511 fact been conducted at 7:30 P.M., Thursday, September 10, 1981 at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, 48154; WHEREAS, petitioner hereby agrees to submit a timetable for upgrading the site, including the paving of the parking lot, which will be accomplished within two years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS: 1. That the City Council, on the basis of the information received from the applicant, Contractors Steel Company, finds and determines: (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No. 198, PA 1974, as amended. 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Contractors Steel Company covering new industrial facilities to be located within the City of Livonia Industrial Development District No. 7, for 12 years. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Ventura, seconded by Councilwoman Gundersen, it was #813-81 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City") the need for certain programs to alleviate and prevent conditions of unemployment and to assist and retain local industrie and commercial enterprises in order to strengthen andrevitalize the City':. economy; and WHEREAS, a program to alleviate the aforesaid conditions has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation"); and WHEREAS, the Corporation in conformity with Act No. 338 Public Acts of Michigan, 1974, as amended ("Act No. 338"), has prepared and submitted a project plan, providing all information and requirements necessary for a project; and WHEREAS, in conformity with Act No. 338 this Council has conducted a public hearing on said project plan; and 19512 NOW, THEREFORE, BE IT RESOLVED: 1. The project plan, as submitted and approved by the Corporatior meats those requirements set forth in Section 8 of Act No. 338 and the same is hereby approved. (Froude Engineering, Inc. Project Plan) 2. The persons who will be active in the management of the project for not less than one year after approval of the project plan have sufficient ability and experience to manage the project properly. 3. The proposed methods of financing the project as outlined in the project plan are feasible and the Corporation has the ability to arrange or cause to be arranged, the financing. 4. The project as submitted is reasonable and necessary to carry out the purposes of Act No. 338. 5. Based upon the information submitted and information obtained at public hearings, the project plan as submitted and the project to which it relates, serves to alleviate and prevent conditions of unemployment, strengthen and revitalize the City's economy, encourage the location and expansion of enterprises in the City, and, therefore, constitutes an essential, vital and necessary public purpose. 6. 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: Gundersen, McCann, Ventura, Nash and Bennett. NAYS: *Bishop. The President declared the resolution adopted. *Councilman Bishop made the following statement: My 'no' vote is cast because the members of this Council have not seen any plans indicating the landscapir etc., and there is nothing in our package. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #814-81 RESOLVED, that having considered a communication from the Assistant City Attorney, dated August 19, 1981, approved for submission by the Mayor, with regard to a request from Mr. Richard W. Barbary, Attorney for Petitioner, 32037 Plymouth Road, Livonia, Michigan 48150, requesting the division of tax item no. 46 010 01 0114 000 (03a114) into four parcels, the Council does hereby determine to refer this matter to the City Assessoz for a report with respect as to when the lots located on the North side of this street were established in their present manner. 19513 By Councilman Ventura, seconded by Councilwoman Gundersen, it was #815-81 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated October 23, 1980, with respect to a reques from Drugland Incorporated to transfer location of their 1981-82 SDD-SDM licensed business from 29+93 West Seven Mile Road, Livonia, Michigan 48150, to the proposed location of the northwest corner of Middlebelt and Clarita, Livonia, Michigan 48152, and having also considered a communication from the Chief of Police, dated August 13, 1981, in connection therewith, the Council does hereby recommend that the Liquor Control Commission deny the said request inasmuch as the proposed new location would be in violation of and in non-compliance with the requirements prescribed by the Livonia Zoning Ordinance #543, as amended; and the City Clerk is hereby requested to submit 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: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, it was #816-81 RESOLVED, that having considered a communication from the City Planning Commission, dated August 25, 1981, which transmit resolutions 7-116-81 and 8-147-81 adopted on July 7, 1981 and August 18, 1981, respectively, with regard to Petition 81-6-8-17 submitted by Art Van Furniture, requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to erect a sign on property located on the south side of Seven Mile Road between Melvin and Middlebelt in Section 11, the Council does hereby concur in the recommendation of the Planning Commission and Petition 81-6-8-17 (sign plan) is hereby approved and granted, provided, however, that the condition set forth in the afore- said recommendation of the Planning Commission is hereby deleted and in lieu thereof the Petitioner shall be required to provide a set back of no less than 20' for the installation of the pedestal sign. A roll call vote was taken on the foregoing resolution with the following result. AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman McCann, and unanimously adopted, it was #817-81 RESOLVED, that in accordance with Section 23.01(a), the Council does hereby request that the Planning Commission conduct a public hearing and thereafter submit its report and recommendation relative to the proposed amendment of Section 18.E+7(a), so as to provide that this provi- sion shall be applicable to all signs and not merely those which are attached to or painted on the exterior surfaces of buildings which are subject to the application of this provision. 1951+ By Councilman Bishop, seconded by Councilman McCann, it was #818-81 RESOLVED, that having considered a communication from the City Planning Commission, dated August 12, 1981, which transmits its resolution 8-11.3-81 adopted on August ii, 1981, with regard to Petition 81-7-8-23 submitted by GM Associates requesting site plan approval in connection with a proposal to construct a commercial building on the east side of Newburgh Road between Six and Seven Mile Roads in the Southwest 1/4 of Section 8, pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 81-7-8-23 is hereby approved and granted, as revised and modified, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, McCann, Ventura, Nash and Bennett. NAYS: Gundersen. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the City Planning Commission, dated August 12, 1981, which transmits its resolution 8-110-81 adopted on August 4, 1981, with regard to Petition 81-4-2-7 submitted by George and Betty Hajal requesting a waiver use approval to utilize an SDD license in connection with an existing party store located on the north side of Plymouth Road between Cavell and Arcola in the Southeast 1/4 of Section 25, which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for further considera tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann and Ventura. NAYS: Gundersen, Bishop, Nash and Bennett. The President declared the resolution DENIED. By Councilman Bishop, seconded by Councilwoman Gundersen, it was #819-81 RESOLVED, that having considered a communication from the City Planning Commission, dated August 12, 1981, which transmits its resolution 8-140-81 adopted on August 1 , 1981, with regard to Petition 81-4+-2-7 submitted by George and Betty Hajal requesting a waiver use approval to utilize an SDD license in connection with an existing party store located on the north side of Plymouth Road between Cavell and Arcola in the South- east 1/4 of Section 25, which property is zoned C-2, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 81-4-2-7 is hereby approved and granted. A roll call vote was taken on the foregoing resolution with the following result: 19515 AYES: Gundersen, Bishop, Ventura and Bennett. NAYS: McCann and Nash. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilwoman Gundersen, it was #820-81 RESOLVED, that having considered a communication from the City Planning Commission, dated August 12, 1981, which transmits its resolution 8-134+-81 adopted on August 4, 1981, with regard to Petition 81-6-2-13 submitted by K-Mart Corporation requesting waiver use approval to expand ar existing fenced-in patio located on the northwest corner of Seven Mile and Farmington Roads in the Southeast 1/4 of Section ii, which property is zoned C-2, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 81-6-2-13 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 and the additional condition that no storage of goods and materials shall be permitted outside the patio area on this property. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, Ventura and Bennett. liwNAYS: McCann and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilwoman Gundersen, it was #821-81 RESOLVED, that having considered a communication from the City Planning Commission, dated August 19, 1981, which transmits its resolution 8-115-81 adopted on August 18, 1981, with regard to Petition 81-7-2-15 submitted by David J. Bloomingburg requesting waiver use approval to operate an auto bump and paint shop within an existing building located on the south side of Eight Mile Road between Melvin Avenue and Louise Avenue in the Northeast 1/4 of Section 2, which property is zoned M-1, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 81-7-2-15 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 conditions that a concrete pad be constructed for the dumpster and that no more than two (2) vehicles may be parked in front of this building at any time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was 19516 #822-81 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City") the need for certain programs to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the City's economy and to encourage the location and expansion of industrial and commercial enterprises to provide needed services and facilities to the City and its residents; and WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation"); and WHEREAS, the Corporation in conformity with Act No. 338 Public Acts of Michigan, 197+, as amended ("Act No. 338"), has designated the hereinafter described project area for such a program to this Council for its approval thereof; and WHEREAS, it is also necessary for this Council to establish project district area boundaries; and WHEREAS, it is also necessary for this Council to approve the appointment of two additional directors to the Board of Directors of the Corporation pursuant to the provisions of Section 4+(2) of Act No. 338; NOW, THEREFORE, BE IT RESOLVED THAT: L1. This Council does hereby certify its approval of the Corporation's designation of the project area described in Exhibit A hereto attached. (Hercules Drawn Steel Corporation Project) 2. This Council does hereby establish as a project district area the property described in Exhibit B hereto attached. 3. This Council does hereby certify its approval of the individuals listed on Exhibit C as additional Directors of the Corporation to serve in conformity with the provisions of Section 4(2) of Act No. 338. 4. It is hereby determined that the requirements of Section 20 of Act No. 338 have been met and that the formation of a project citizens district council is not required. 5. The City Clerk be and is hereby directed to deliver a certified copy of this resolution to the Secretary of the Board of the Corporation. 6. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. L A roll call vote was taken on the foregoing resolution with the following result. AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. 19517 By Councilman Nash, seconded by Councilman McCann, it was #823-81 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City") the need for certain programs to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the City's economy and to encourage the location and expansion of industrial and commercial enterprises to provide needed services and facilities to the City and its residents; and WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation"); and WHEREAS, the Corporation in conformity with Act No. 338 Public Acts of Michigan, 197+, as amended ("Act No. 338"), has designated the hereinafter described project area for such a program to this Council for its approval thereof; and WHEREAS, it is also necessary for this Council to establish project district area boundaries; and WHEREAS, it is also necessary for this Council to approve the appointment of two additional directors to the Board of Directors of the Corporation pursuant to the provisions of Section 4(2) of Act No. 338; NOW, THEREFORE, BE IT RESOLVED THAT: 1. This Council does hereby certify its approval of the Corporation's designation of the project area described in Exhibit A hereto attached. (Central Properties Project) 2. This Council does hereby establish as a project district area the property described in Exhibit B hereto attached. 3. This Council does hereby certify its approval of the individuals listed on Exhibit C as additional Directors of the Corporation to serve in conformity with the provisions of Section 4(2) of Act No. 338. 4. It is hereby determined that the requirements of Section 20 of Act No. 338 have been met and that the formation of a project citizens district council is not required. 5. The City Clerk be and is hereby directed to deliver a certified copy of this resolution to the Secretary of the Board of the Corporation. 6. 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: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. 19518 By Councilman Ventura, seconded by Councilwoman Gundersen, it was #82' -81 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City") the need for certain programs to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the City's economy and to encourage the location and expansion of industrial and commercial enterprises to provide needed services and facilities to the City and its residents; and WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation"); and WHEREAS, the Corporation in conformity with Act No. 338 Public Acts of Michigan, 1974, as amended ("Act No. 338"), has designated the hereinafter described project area for such a program to this Council for its approval thereof; and WHEREAS, it is also necessary for this Council to establish project district area boundaries; and WHEREAS, it is also necessary for this Council to approve the appointment of two additional directors to the Board of Directors of the Corporation pursuant to the provisions of Section 4(2) of Act No. 338; NOW, THEREFORE, BE IT RESOLVED THAT: 1. This Council does hereby certify its approval of the Corporation's designation of the project area described in Exhibit A hereto attached. (Uni-Tek Land Company Project) 2. This Council does hereby establish as a project district area the property described in Exhibit B hereto attached. 3. This Council does hereby certify its approval of the individuals listed on Exhibit C as additional Directors of the Corporation to serve in conformity with the provisions of Section 4(2) of Act No. 338. 4+. It is hereby determined that the requirements of Section 20 o_ Act No. 338 have been met and that the formation of a project citizens district council is not required. 5. The City Clerk be and is hereby directed to deliver a certified copy of this resolution to the Secretary of the Board of the Corporation. 6. 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: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. 19519 Iwo Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 8-208 OF TITLE 8, CHAPTER 2 (MISDEMEANORS) 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. By Councilman McCann, seconded by Councilman Bishop, and unanimously adopted, it was #825-81 RESOLVED, that having considered a communication from the Sacred Heart Catholic Church, 29125 Six Mile Road, Livonia, Michigan 48152, dated August 19, 1981, with respect to the annual Fall Festival to be conducted on church grounds on September 12 and 13, 1981, the Council does hereby grant permission to, and authorize the installation by, the Sacred Heart Catholic Church of a temporary sign to be placed in the right-of-way on the South side of Six Mile Road, East of Middlebelt, from September 1 fir through September 13, 1981, in connection with the aforesaid Fall Festival. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #826-81 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Nash, seconded by Councilman McCann, it was #827-81 RESOLVED, that having considered the report and recommendation of the Waste Disposal Study Committee, dated September 10, 1981, and submitted pursuant to Council Resolution 695-81 in connection with communications dated July 9, 1981 and July 22, 1981 from Commercial Removal, 21+30 West 8 Mile Road, Southfield., Michigan 48075, proposing a two (2) year contract extension for the removal of rubbish for the City of Livonia, which would be for the period October 1, 1981 through September 30, 1983, and be based upon the same terms and provisions of the present contract, the Council does hereby determine, in accordance with Section 9, Page IB-3, based upon the mutual agreement of the parties, to authorize the extension of the current contract between the City of Livonia and Commercial Removal, Inc. for a period of two years, commencing October 1, 1981 and ending September 30, 111, 1983, the said contract to contain the same terms as are set forth in the current contract; and the Mayor and City Clerk are hereby authorized to affix their signatures to the subject contract for and on behalf of the City of Livonia and to do all things necessary or incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: 19520 AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, and unanimously adopted, it was #828-81 RESOLVED, that having considered a communication from the Mayor dated September 10, 1981, wherein it is indicated that notice has been received that requires the appointment of two additional directors to the Economic Development Corporation who shall be representatives of neigh- borhood residents with respect to the Hercules Drawn Steel EDC Project, who are as follows: Mr. Thaddeus J. Opalinski Mr. Ronald Knoll, General Manager 30425 Bonnydale Drive Butler Paper Company Livonia, Michigan 48154 39100 Plymouth Road Livonia, Michigan 48150 the Council does hereby approve of and concur in the aforesaid action, provided that the aforesaid persons take 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. Ist By Councilman Ventura, seconded by Councilman McCann, it was RESOLVED, that the Council does hereby determine to reconsider their action taken in CR-819-81 with respect to Petition 81-4-2-7 of George and Betty Hajal to utilize an SDD License in connection with an existing party store on the north side of Plymouth Road between Cavell and Arcola in the Southeast 1/4 of Section 25. A roll call vote was taken on the motion to reconsider, with the following result: AYES: McCann, Ventura and Nash. NAYS: Gundersen, Bishop and Bennett. The President declared the motion to reconsider DENIED. By Councilman Bishop, seconded by Councilman Nash, and unanimously adopted, this 964th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:15 P. M., September 10, 1981 ADDISON W. BA ; I CLERK