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HomeMy WebLinkAboutCOUNCIL MINUTES 1980-01-16 18310 MINUTES OF THE NINE HUNDRED AND TWENTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 16, 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 8:00 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 and Robert E. McCann. Absent: Peter A. Ventura. Elected and appointed officials present: Edward H McNamara, Mayor; Addison W. Bacon, City Clerk; Frances S. Stem, Deputy City Clerk; Harry C Tatigian, City Attorney; Jack Dodge, Finance Director; Robert E Osborn, Director of Public Works; John Nagy, City Planner; G E. Siemert, City Engineer; Ronald Mardiros, City 101, Assessor; Daniel Gilmartin, Industrial Coordinator and Michael Reiser, Director of Civil Defense. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #10-80 RESOLVED, that the minutes of the 922nd Regular Meeting of the Council of the City of Livonia, held January 7, 1980, are hereby approved. The communication from the Mayor dated December 28, 1979, transmitting the Annual Report on the activities of the City during the 1978-1979 fiscal year, was received and placed on file for the information of the Council. The communication from the City Engineer dated December 18, 1979 with respect to the 1979 Miscellaneous Storm Sewer Program (Contract 79-K), was received and placed on file for the information of the Council. The City Clerk reported to the Council that the Governor of Michigan has called two (2) Special Elections to fill a vacancy in the 36th Representative District of the City, which was created by the resignation of Robert C. Law, the Special Primary Election to be held on March 4, 1980 and the Special Election to be 18311 Lheld on March 25, 1980. 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 79-8-1-25 FOR CHANGE OF ZONING FROM R-1-A AND R-5 TO C-1. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Gundersen, Bishop, Nash and Bennett. NAYS: McCann. 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, Lthe following Ordinance: AN ORDINANCE AMENDING ARTICLE 1 TITLE 3, CHAPTER 4 (ANIMALS AND FOWL) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, IS HEREBY AMENDED BY ADDING SECTION 3-401 (a) THERETO. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Nash took from the table, for second reading and adoption, the following Ordinance: L AN ORDINANCE AMENDING SECTION 2-401 OF CHAPTER 4 (ELECTION PRECINCTS) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. A roll call vote was taken on the foregoing Ordinance with the following result: 18312 AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman McCann, seconded by Councilman Nash, it was #11-80 RESOLVED, that having considered a communication from the Director of Finance, dated December 13, 1979, approved for submission by the Mayor, the Council does hereby determine to authorize the purchase of gasoline from Texaco, Inc. , effective December 6, 1979 at the following unit prices: Regular - Less than 4,000 Gals. - From .809/Gal. to .829/Gal. Regular - More than 4,000 Gals. - From .755/Gal. to .775/Gal. Lead Free - Less than 4,000 Gals. - From .8545/Gal. to .871+5/Gal. Lead Free - More than 4,000 Gals. - From .7975/Gal. to .8175/Gal. said prices being made in accordance with Federal Government Regulations; further, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 2-213 (d) (5) of the Livonia Code of Ordinances; and all prior resolutions in conflict herewith are hereby repealed, amended, or revised to the extent necessary to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman McCann, it was #12-80 RESOLVED, that having considered a communication from the Director of Finance, dated December 7, 1979, approved for submission by the Mayor, with regard to the purchase of diesel fuel, the Council does hereby determine to authorize the purchase of said diesel fuel from D & W Oil Company, effective November 30, 1979, for the unit price of 76.7 cents per gallon, said price being made in accordance with federal government regulations; FURTHER, the Council does hereby determine to authorize said purchase without competitive bidding for the reasons indicated in the afore- said communication, and such action is taken in accordance with the provi- sions set forth in Section 2-213 (d) (5) of the Livonia Code of Ordinances; and all prior resolutions in conflict herewith are hereby repealed, amended or revised to the extent necessary to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result 18313 AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, it was #13-80 RESOLVED, that having considered a communication from the Water and Sewer Board, dated November 28, 1979, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits its resolution WS 2372 11/79, the Council does hereby accept the bid of Michigan Hydrant & Valve Company, 12606 Inkster Road, Detroit, Michigan 48239, for supplying the City (Water Department) with one (1) Water Meter Test Bench and Accessories, for a total price of $5,518.68, the same having been in fact the lowest bid received and meets all specifica- tions. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman McCann, it was #14-80 RESOLVED, that having considered a communication from the Chief of Police, dated November 28, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby determine to authorize the following transfers of funds within the Division of Police Budget: Bureau Amount To Account From Account Traffic $ 550 00 101-302-702-000-000 101-325-702-000-000 700.00 101-302-709-000-000 101-325-702-000-000 Administration 50 00 101-304-756-000-000 101-304-702-000-000 2,500 00 1.01-304-928-000-000 101-304-702-000-000 Detective Bureau 7,000.00 101-307-709-000-000 101-307-702-000-000 205.00 101-307-960-010-000 101-307-702-000-000 20.00 101-307-985-000-000 101-307-702-000-000 Communications 4,500.00 101-310-709-000-000 101-325-702-000-000 600.00 101-310-715-000-000 101-325-702-000-000 1,000.00 101-310-722-000-000 101-325-702-000-000 50.00 101-310-766-000-000 101-325-702-000-000 Youth Bureau 10,520.00 101-316-702-000-000 101-325-702-000-000 1,000.00 101-316-709-000-000 101-316-712-000-000 400.00 101-316-715-000-000 101-325-702-000-000 2.00 00 101-316-719-000-000 101-325-702-000-000 15.00 101-316-768-000-000 101-325-702-000-000 Central Records 4,800.00 101-321-702-000-000 101-325-702-000-000 1,500 00 101-321-709-000-000 101-321-712-051-000 18314 Bureau Amount To Account From Account Central Records $ 20 00 101-321-960-010-000 101-325-702-000-000 Special Services 7,400.00 101-323-702-000-000 101-325-702-000-000 8,500.00 101-323-709-000-000 101-325-702-000-000 Patrol 19,000.00 101-325-709-000-000 101-325-702-000-000 100.00 101-325-960-010-000 101-325-702-000-000 Intelligence 7,700.00 101-329-702-000-000 101-325-702-000-000 4,400.00 101-329-709-000-000 101-325-702-000-000 2,500.00 101-329-719-000-000 101-325-702-000-000 Community Services 45,000.00 101-332-702-000-000 101-332-712-051-000 6,500.00 101-332-702-000-000 101-325-702-000-000 3,600.00 101-332-715-000-000 101-332-713-051-000 3,900.00 101-332-719-000-000 101-332-713-051-000 600.00 101-332-720-000-000 101-332-713-051-000 1,500.00 101-332-722-000-000 101-332-713-051-000 50.00 101-332-768-000-000 101-332-713-051-000 and the action herein is taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result. AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman McCann, it was #15-80 RESOLVED, that the Council does hereby request that the Finance and Insurance Committee submit its report and recommendation with respect to the subject of overtime transfers.within Departments. A roll call vote was taken on the foregoing resolution with the following result AYES: Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: Nash. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilwoman Gundersen, it was #16-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 21, 1979, which bears the signature of the Finance Director, is approved by the I)irectorof Public Works and is approved for submission by the Mayor Pro Tem, to which is attached a letter from the Engineer of Traffic and Safety for the Board of Wayne County Road Commissioners, dated November 16, 1979, in connection therewith, and having considered the necessity for the installation of a traffic signal control device to be located at Six Mile Road and Wayne Road, the Council does 18315 hereby authorize the installation of same; FURTHER, the Council having been advised that the estimated cost of the proposed traffic signal installation is $12,140.00, does hereby approve of the City assuming 50% of the total actual cost of such installation and for this purpose does hereby appro- priate and authorize the expenditure of a sum not to exceed $6,070.00 from the $7.9 million General Obligation Road Improvement Bond Issue; FURTHER, the Council does hereby agree to pay 50% of the future energy and main- tenance costs of the aforesaid traffic control signal, and the Board of Wayne County Road Commissioners is hereby requested to cause such traffic signal to be installed at the aforesaid location in an expeditious manner; and the Mayor and City Clerk are hereby authorized to execute the attached agreement for and on behalf of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized to do all things necessary to the full performance of this resolution; and the City Clerk is also requested to send a certified copy of this resolution to the Board of Wayne County Road Commissioners, to the attention of the Engineer of Traffic and Safety. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By CouncilmAn Taylor, seconded by Councilman Nash, it was #17-80 RESOLVED, that having considered a communication from the Personnel Director, dated December 6, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase of service recognition pins from Balfour Company, 283 Tilbury Road, Birmingham, Michigan 48009, for a total price not to exceed $2,600.00 during the 1979-80 fiscal year; FURTHER, the Council does hereby determine to authorize the said purchase without 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) (4) and (5) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, McCann, Nash and Bennett. NAYS: Bishop. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #18-80 RESOLVED, that having considered a communication from the Personnel Director, dated December 6, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein it is recommended that Service Recognition Pins be purchased from the Balfour Company, 283 Tilbury Road, Birmingham, Michigan 48009, and that compet- itive bidding requirements in this regard be waived, the Council does hereby refer this item to the Finance and Insurance Committee Cor its retort and recommendation. 18316 By Councilman McCann, seconded by Councilman Nash, it was #19-80 RESOLVED, that having considered a communication from the Director of Finance, dated December 11, 1979, approved for submission by the Mayor, with regard to costs incurred by the City of Livonia for incarceration in the DeHoCo and the Wayne County Jails of individuals sentenced under Livonia Ordinances, the Council does hereby appropriate and authorize the expenditure of $160,606.00 in order to make the payments required to cover these costs; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, *Bishop, McCann, Nash and Bennett. NAYS: None. *Councilman Bishop made the following statement: My 'aye' vote is cast because it is a dubious debt that we are required to pay and is another example of how outlying areas are discriminated against - it is completely outrageous and we have no option. By Councilman Nash, seconded by Councilman Taylor, it was #20-80 RESOLVED, that having considered a communication from the Director of Finance, dated December 11, 1979, approved for submission by the Mayor, wherein it is requested that an additional $51,883 00 be provided in the Accrual Account for the Fiscal Year ending November 30, 1979 with respect to sick pay, in accordance with the recommendation set forth in the Actuary Report of Gabriel, Roeder & Smith, dated September 15, 1979, the Council does hereby determine to establish and reflect a budget expenditure of $51,883.00 for this purpose based upon the transfer of $41,393.00 from the Unexpended Fund Balance Account of the General Fund and the transfer of $10,490.00 from the Unexpended Fund Balance Account of Water and Sewer funds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, it was #21-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 5, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby authorize the employment of Mr. Charles Allen, Jr. as an expert real estate appraiser for the purpose of providing the City with an appraisal of Bureau of Taxation Parcel No. 30d)+1a (located at the N W corner of Newburgh Road and the C & 0 Railroad), for a sum not to exceed $200.00, and for this purpose the 18317 Council does hereby appropriate a like amount from the $7.9 Million General Obligation Road Improvement Bond Issue; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #22-80 RESOLVED, that having considered a communication from the Director of Finance, dated December 13, 1979, approved for submission by the Mayor, to which is attached Invoice No. 230250 from the United States Conference of Mayors, dated November 26, 1979, in the amount of $3,500.00 with respect to 1980 United States Conference of Mayors Dues, the Council does hereby determine to authorize the payment of the same; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES. Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman McCann, it was #23-80 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated October 24, 1979, and the report and recommenda- tion of the Chief of Police dated December 11, 1979 in connection therewith the Council does hereby recommend the approval of the request from Dale Yee to drop Wing Nin Yee as partner on his 1979 Class C Licensed Business, located at 31180 Five Mile Road, Livonia, Michigan 48154; and the City Clerl 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, Nash and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was #24-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 30, 1979, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Vacri Land Company, 21999 Farmington Road, Farmington Hills, Michigan 1+8021+, the proprietor of the Francavilla Subdivision No. 1, located in the Southeast 1/4 of Section 9, of the Financial Assurances previously deposited with respect to general improve- ments in the amount of $35,000.00, Grading and Soil Erosion in the amount of $10,000.00 and the development of landscaping in the amount of $40,000.0( pursuant to Council Resolution 1+25-76, adopted on May 12, 1976, and sub- 18318 sequently amended by Council Resolutions 780-76, 992-76 and 1003-78, to guaranty the satisfactory installation of improvements in Francavilla Subdivision No. 1, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer that all these improve- ments have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or inciden- tal 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, Nash and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #25-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 30, 1979, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Item No. 8 of Council Resolution 1078-76, adopted on December 15, 1976, as amended by Council Resolutions 825-77 and 73-78, so as to reduce the Financial Assurances now on deposit with the City for general improvements and sidewalk improvements to $17,000.00 cash and $5,500.00 cash, respectively, in the Francavilla Subdivision No. 2, located in the Southeast 1./4 of Section 9, to cover the cost of these improvements, and the Financial Assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, the Council does hereby authorize the release to Vacri Land Development Company, 21999 Farmington Road, Farmington Hills, Michigan 48024, the proprietor of the Francavilla Subdivision No. 2 of the Financial Assurances previously deposited with respect to landscaping in the amount of $30,000.00, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rule and regulations and ordinances of the City of Livonia; and all other Financial Assurances now on deposit with the City with respect to remaining improvements in said subdivision, shall remain the same and unchanged; and the City Clerk and City Treasurer are hereby authorized 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, Nash and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman McCann, it was #26-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 5, 1979, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Item No. 8 of Council Resolution 866-78, adopted on September 27, 1978, and subsequently amended by Council Resolutions 229-79 and 1101-79, so as to reduce the financial assurances now on deposit with the City for general improvements to $12,500.00 of which $5,000.00 shall be in cash and the development of landscaping to $10,000.00 of which 18319 $3,500.00 shall be in cash, in the Woodcreek Farms Subdivision No. 3, located in the Southwest 1/4 of Section 15, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, all other financial assurances now on deposit with the City with respect to remaining improvements in said subdivision shall remain the same and un- changed; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #27-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 7, 1979, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Item No. 8 of Council Resolution 101-79, adopted on February 7, 1979, and subsequently amended by Council Resolution 1099-79, adopted on November 8, 1979, so as to reduce the financial assurances now on deposit with the City for general improvements in the Hidden Pines Sub- division, located in the Northeast 1/4 of Section 10, to $90,000.00 of which at least $9,000.00 shall be in cash, to cover the cost of remaining general improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, all other financial assurances now on deposit with the City with respect to remaining improvements in said subdivision shall remain the same and un- changed; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES. Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS• None. By Councilman Nash, seconded by Councilman McCann, it was #28-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 29, 1979, approved by the Director of Palle Works and approved for submission by the Mayor, the Council does hereby determine to amend Item No. 8 of Council Resolution 779-76, adopted on September 15, 1976, and subsequently amended by Council Resolutions 90-77 and 1097-78, so as to reduce the financial assurances now on deposit with the City for sidewalk improvements in the Stamford Estates Subdivision, located in the Northwest 1/4 of Section 9 to $2,500.00 cash to cover the cost of remaining sidewalk improvements in said subdivision, and the finan- cial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, the Council does hereby authorize the release to Stamford Investment Corporation, 36776 Vargo, Livonia, Michigan 48152, the proprietor of Stamford Estates Subdivision of the financial assurances previously deposited with respect to general improvements in the amount of 18320 $19,000.00, and Grading and Soil Erosion Control 3.n the amount of $3,600.00 the action herein being taken for the reasons indicated in the aforemention report of the City Engineer, that all these improvements have been satisfac torily installed in accordance with the rules and regulations and ordinance of the City of Livonia; FURTHER, all other financial assurances now on deposit with respect to remaining improvements in said subdivision shall remain the same and unchanged; and the City Clerk and City Treasurer are hereby authorized 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, Nash and Bennett NAYS: None. By Councilman McCann, seconded by Councilman Bishop, it was #29-80 RESOLVED, that having considered the report and recommendation of the City Engineer and the Water and Sewer Board, dated November 28, 1979, approved by the Director of Public Works and approved for submission by the Mayor, with respect to certain sanitary sewer and water main work performed by the Biltmore Properties Company in the Gill Road right-of-way, the Council does hereby authorize the payment of the sum of $9,525.45 to Biltmore Properties Company, 2900 W Maple Road, Troy, Michigan 48084, for the purpose of reimbursing said company on the basis of final unit costs and quantities connected by the installation of certain sanitary sewer and water main facilities within the said Gill Road right-of-way; FURTHER, the Council does hereby appropriate an additional $525.45 from Water and Sewer Account No. 590-000-158.000.000 for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or inciden- tal 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, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Taylor, it was #30-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 11, 1979,, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Biltmore Properties Company, 2900 W. Maple Road, Troy, Michigan 48084, the proprietor of the Windridge Village Sub- division No. 3, situated in the Northeast 1/4 of Section 4, of the Cash Escrow deposited in the amount of $7,265.00 related to the placement of survey monuments and markers, deposited with the City in accordance with Council Resolution 449-79, adopted on May 9, 1979, and subsequently amended by Council Resolutions 962-79 and 1198-79; and FURTHER, the financial assurances now on deposit with the City for general improvements shall remain the same and unchanged, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 18321 A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #31-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 11, 1979, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Vacri Land Development Corporation, 21999 Farmington Road, Farmington Hills, Michigan 48024, the proprietor of the Blue Grass Estates Subdivision, located in the East 1/2 of Section 18, of the financial assurances previously deposited with respect to general improvements in the amount of $82,000.00 of which $10,000.00 was to be in cash, with respect to sidewalk improvements in the amount of $49,000.00 of which $9,800.00 was to be in cash and soil erosion in the amount of $9,900.00 of which $2,000.00 was to be in cash, pursuant to Council Resolu- tion 563-77, adopted on June 15, 1977, and as subsequently amended by Council Resolution 69-78, adopted on February 1, 1978; and FURTHER, the financial assurances now on deposit with the City for all other improve- ments shall remain the same and unchanged, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accord- ance with the rules and regulations and ordinances of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized to do all thing 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, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Nash, it was #32-80 RESOLVED, that having considered a communication from the City Planning Commission, dated December 10, 1979, which transmits its resolu- tion 12-238-79, adopted on December 4, 1979, with regard to Petition 79-10-3-11, submitted by the City Planning Commission pursuant to Council Resolution 918-79, requesting the vacating of that portion of Pembroke Avenue located between Purlingbrook and Melvin in the Southeast 1/4 of Section 2, the Council does hereby determine to concur in the recommenda- tion of the City Planning Commission and to grant and approve the said Petition 79-10-3-11, subject to the retention of a full-width easement; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. 18322 By Councilman McCann, seconded by Councilman Nash, it was #33-80 RESOLVED, that having considered a communication from the City Planning Commission, dated August 21, 1979, which transmits its resolution 8-137-79, adopted on August 7, 1979, with regard to Petition 79-7-3-7 initiated by Council Resolution 590-79, requesting the vacating of the portion of Oporto Avenue located between Pembroke and Bretton in the South- east 1/1+ of Section 2, the Council does hereby determine to reject the recommendation of the City Planning Commission and to deny Petition 79-7-3-7. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman McCann, and unanimously adopted it was #31+-80 RESOLVED, that having considered a communication from the City Engineer, dated December 10, 1979, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution 984-79, adopted on September 26, 1979, with regard to whether or not existing flood conditions in the Nottingham Woods West Subdivision would increase by reason of the development of the proposed Hidden Creek Sub- division, the Council does hereby refer this report to the Streets, Roads and Plats Committee as additional information to be considered in connection with the proposed Hidden Creek Subdivision. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #35-80 RESOLVED, that having considered a communication from the City Engineer, dated December 7, 1979, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution 760-79 and 983-79, with regard to long-range storm drainage considerations in the area located between Curtis and Six Mile Roads to the North and South and between Wayne Road and Stevenson High School to the West and East in Section 9, and which transmits a report from the Michigan Department of Natural Resources in connection with the proposed Hidden Creek Subdivision, the Council does hereby refer the same to the Streets, Roads and Plats Committee as additional information to be considered in connection with the proposed Hidden Creek Subdivision. 18323 By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #36-80 RESOLVED, that the Council does hereby determine to take from the table the proposed Preliminary Plat of Hidden Creek Subdivision, located in Section 9, tabled in Council Resolution No. 983-79, adopted on September 26, 1979, and refer the same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #37-80 RESOLVED, that having considered a communication from the City Planning Commission, dated December 11, 1979, which transmits its resolution 12-245-79, adopted on December 4, 1979, and which is submitted pursuant to Council Resolution 760-79, in connection with the proposed sale of 37.77 acres of Helman Park in Section 9, the Council does hereby refer the same to the Capital Improvement Committee for its report and recommendation. The communication from the City Engineer dated December 6, 1979 with respect to parking lot drainage at Lord's House Church (CR-486-79) was received and placed on file for the information of the Council. By Councilman Taylor, seconded by Councilman McCann, it was #38-80 RESOLVED, that having considered a communication from the City Assessor, dated December 21, 1979, approved for submission by the Mayor, with regard to a request from Mr. Carl V. Creighton, as Attorney for the owners, 29200 Vassar Drive, Suite 450, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division and combination of Tax Item No. 46 129 01 0132 005 (33a132a2a, 133a1b, 134b) would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing and combining of the same into two (2) parcels, the legal descriptions of which shall read as follows: Parcel 1 The West 1/2 of Lot 132 except the South 10.00 feet thereof, and the West 1/2 of lots 133 and 134 "Supervisor's Livonia Plat No. 2" of the S. 5/8 of the N.E. 1/4 and the E. 1/2 of the N. 3/8 of the N.E 1/4 of Sec. 33, T. 1 S., R 9 E., Livonia Twp., (Now City) Wayne County, Michigan. Recorded in Liber 66 on Page 1. Subject to and together with a permanent and perpetual easement for ingress and egress described as the North 33.00 feet of the East 1/2 of Lot 133 and the South 3.50 feet of the East 1/2 of Lot 134 of said subdivision. Subject to all easements and restrictions of record. Parcel 2 The East 1/2 of Lot 134 and the North 33.00 feet of the East 1/2 of Lot 133 except that part thereof deeded for road purposes. "Supervisor's Livonia Plat No. 2" of the S. 5/8 of the N E. 1/4 and the E. 1/2 of the N. 3/8 of the N.E. 1/4 of Sec. 33, T. 1 S , R 9 E. , Livonia Twp. , (Now City) Wayne 18324 County, Michigan. Recorded in Liber 66 on Page 1. Subject to and together with a permanent and perpetual easement for ingress and egress described as the North 33.00 feet of the East 1/2 of Lot 133 and the South 3.50 feet of the East 1/2 of Lot 134 of said subdivision. Subject to all easements and restrictions of record. as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Taylor, it was #39-80 RESOLVED, that having considered a communication from the Water and Sewer Board, dated December 13, 1979, which bears the signature of the Director of Finance, is approved for submission by the Mayor, and which transmits its resolution WS 2377 12/79, wherein it is recommended that a public sewer extension be brought across Seven Mile Road at the north end of Laurel and extended westerly to serve the south side of Seven Mile to Wayne Road, the Council does hereby refer the same to the Water and Sewer Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopte it was #40-80 RESOLVED, that having considered a communication from Mrs. Robert W. Plank, 36895 Sunnydale, Livonia, Michigan 48154, dated December 20, 1979, wherein it is requested that certain additional traffic controls be provided in the vicinity of Stevenson High School, the Council does hereby refer this item to the Traffic Commission for its report and recommendation. By Councilman McCann, seconded by Councilman Bishop, it was #41-80 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator), dated December 18, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works, and is approved for submission by the Mayor, and submitted pursuant to Section 13d(1) of Act 51, of the Public Acts of Michigan of 1951, as amended (M.S.A 9.1097 (13)) with regard to the transfer of funds for the fiscal year 1979-80 from the Major Street System Account to the Local Street System Account, the Council does hereby au- thorize the transfer of a sum up to, but not to exceed, 25% of the amount designated for Major Street System to be used on the Local Street System, 18325 and the City Clerk and Finance Director are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman McCann, it was #42-80 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator) dated December 17, 1979, which bears the signature of the Finance Director, approved by the Director of Public Works, approved for submission by the Mayor and submitted pursu- ant to Section 13d(2) Act 51 of the Public Acts of Michigan of 1951, as amended (M.S.A. 9.1097(13)) with regards to the transfer of funds for the fiscal year of 1978-79 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, $61+9,461.71 from those funds designated for use on the major street system to be used on the local street system; and the City Clerk and Finance Director are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. The communication from the City Engineer dated December 11, 1979 with respect to improvement of parking lot at Jackson Center was received and placed on file for the information of the Council. The communication from the City Treasurer dated December 27, 1979 transmitting the quarterly report relative to all deposits of the City in all of its general depositories for the period from 9/1/79 - 11/30/79, was received and placed on file for the information of the Council By Councilman Taylor, seconded by Councilman McCann, it was #43-80 RESOLVED, that having considered a communication from the City Planning Commission, dated December 11, 1979, which transmits its resolu- tion 12-239-79, adopted on December 1+, 1979, with regard to Petition 79-10-3-12 submitted by the City Planning Commission, pursuant to Council Resolution 999-79, requesting the vacating of a ten-foot wide easement located on the west side of Richfield, south of Perth Avenue, in the South- east 1/1+ of Section 19, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition 79-10-3-12; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution 18326 A roll call vote was taken on the foregoing resolution with the following result- AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, it was #44-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 21, 1979, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Item No. 8 of Council Resolution 698-77, adopted on July 13, 1977, and subsequently amended by Council Resolutions 72-78, 246-78, 755-78 and 132-79, so as to further reduce the financial assurances now on deposit with the City for sidewalk improvements in the Brookwood Wes Subdivision, located in the Southwest 1/4 of Section 11, to $4,500.00 of which $2,500.00 shall be in cash, to cover the cost of remaining sidewalk improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; further, all other financial assurances now on deposit with the City including those for general improvements shall remain the same and unchanged; and the City Clerk and City Treasurer are hereby authorized 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, Nash and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #45-80 RESOLVED, that having considered a communication from Vincent Faletti, 28605 Lyndon, Livonia, Michigan 48154, with regard to a traffic and parking problem at the entrance to Compton Park on Lyndon between Alexander and Harrison, the Council does hereby refer the same to the Traffic Commission for its report and recommendation By Councilman McCann, seconded by Councilman Bishop, and unanimously adopted, it was #46-80 RESOLVED, that having considered a communication from the Water and Sewer Board, dated December 13, 1979, which bears the signature of the Director of Finance, is approved for submission by the Mayor, and which transmits its resolution WS 2376 12/79, wherein it is recommended that sanitary sewers be installed as a City project for the development of a proposed Industrial Road between Merriman and Hubbard in the North 1/2 of Section 27, the Council does hereby refer the same to the Water and Sewer Committee for its report and recommendation By Councilman Taylor, seconded by Councilman Nash, it was 18327 #47-80 RESOLVED, that having considered a communication from the Honorable James R. McCann, District Judge of the District Court of the 16th Judicial District, dated December 27, 1979, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Counci does hereby accept the bid of GAF Corporation, 40 High School Avenue, Shelby, Ohio 44875, for supplying traffic tickets for the unit price of $46.67/M, 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: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None By Councilman McCann, seconded by Councilman Bishop, it was #48-80 RESOLVED, that having considered a communication from the City Planning Commission, dated October 19, 1979, which sets forth its resolu- tion 10-199-79, adopted on October 9, 1979, with regard to Petition 79-8-1-23, submitted by Keith E. Mino, for a change of zoning on property located on the south side of Pickford between Farmington Road and Filmore in the Northeast 1/4 of Section 9, from R-3 to P S., and the Council having conducted a public hearing with regard to this matter on December 17, 1979, pursuant to Council Resolution 1121-79, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 79-8-1-23 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. At the direction of the Chair, the item on the agenda with respect to Petition No. 79-8-1-28 of Farley Building Company, Inc for change of zoning for property on the Northeast corner of Middlebelt Road and Pickford Avenue in the Northwest 1/4 of Section 12, from RUF to C-2, was removed and will be considered at the Regular Meeting to be conducted on February 13, 1980. By Councilman Taylor, seconded by Councilman Bishop, it was #49-80 RESOLVED, that having considered a communication from the City Planning Commission, dated October 18, 1979, which sets forth its resolu- tion 10-188-79, adopted on October 9, 1979, with regard to Petition 79-8-1-30 submitted pursuant to Council Resolution 552-79 for a change of zoning on property located on the west side of Mayfield Avenue, north of Plymouth Road in the Southwest 1/4 of Section 27, from C-2 to P, and the Council having conducted a public hearing with regard to this matter on December 17, 1979, pursuant to Council Resolution 1121-79, the Council does hereby concur in the recommendation of the Planning Commission, and the 18328 said Petition 79-8-1-30 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #50-80 RESOLVED, that having considered a communication from the City Planning Commission, dated October 18, 1979, which sets forth its resolu- tion 10-189-79, adopted on October 9, 1979, with regard to Petition 79-9-1-31 initiated by Council Resolution 807-79 for a change of zoning on property located south of Seven Mile Road between Loveland and Mayfield in the Northwest 1/4 of Section 10, from P L. to P, and the Council having conducted a public hearing with regard to this matter on December 17, 1979, pursuant to Council Resolution 1121-79, the Council does hereby concur in the recommendation of the Planning Commission, and the said Petition , 79-9-1-31 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman McCann, it was #51-80 RESOLVED, that having considered a communication from the City Planning Commission, dated October 18, 1979, which sets forth its resolu- tion 10-190-79, adopted on October 9, 1979, with regard to Petition 79-9-1-32 submitted by Greenfield Construction Company for a change of zoning on property located on the north side of Six Mile Road between North Laurel Park Drive and I-275 Freeway in the Southeast 1/4 of Section 7, from P.O. to C-41I, and the Council having conducted a public hearing with regard to this matter on December 17, 1979, pursuant to Council Resolution 1121-79, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 79-9-1-32 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary imm map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: 18329 AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilwoman Gundersen, and unanimously adopted, it was #52-80 RESOLVED, that having considered a communication dated December 17, 1979 from Mr. Norman Hyman of the law firm of Honigman, Miller, Schwartz and Cohn, submitting a request for a Cable Television Franchise in behalf of Viacom International, Inc. and having also considered a communication dated January 3, 1980 from Mr. Robert L. Coopes, attorney, requesting a Cable Television Franchise in behalf of Mega Vision Company, the Council does hereby determine to refer these items to the Committee of the Whole for further consideration. By Councilman McCann, seconded by Councilman Taylor, it was #53-80 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Awrey Bakeries, Inc., dated September 18, 1979, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 5; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows: 1. The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P A. 1974, as amended. 2. The City Clerk shall contact each of the affected taxing units and, (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, February 25, 1980, at 8:00 P.M. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. 3. The Council hereby sets Monday, February 25, 1980 at 8:00 P.M. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan as the date, time and place for conducting a hearing on this said Application. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. Imo By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was 18330 #54-80 RESOLVED, that the Council having adopted resolution 1004-79 at its regular meeting held on October 10, 1979 requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed street improvement of the Five-Elm Subdivision, located in the Northwest 1/4 of Section 24, 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 specifica- tions 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 December 13, 1979, 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, February 25, 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 City Hall, 33000. Civic Ctr Dr , 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 Nash, seconded by Councilman McCann, it was #55-80 RESOLVED, that having considered a communication from the Chief Librarian, dated December 12, 1979, approved for submission by the Mayor, with regard to a grant received in the amount of $7,745.00 under the Library Services and Construction Act, Title I, as detailed in the attached letter from the Michigan Department of. Education, dated November 21, 1979, the Council does hereby determine for and on behalf of the City of Livonia to authorize the acceptance of this grant in the manner and form herein submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, it was #56-80 RESOLVED, that Michael J. Reiser, Civil Defense Director, is hereby authorized to execute for and in behalf of City of Livonia, a public entity established under the laws of the State of Michigan, this application and to file it in the appropriate State Office for the purpose of obtaining certain Federal firianeial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. THAT, City of Livonia, a public entity established under the laws of the State of Michigan, hereby authorizes its agent to provide to the State and to the Federal Disaster Assistance Administration (FDAA), 18331 Department of Housing and Urban Development (HUD) for all matters pertain- ing to such Federal disaster assistance the assurances and agreements printed on the reverse side hereof. A roll call vote was taken on the foregoing resolution with the following result. AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 36 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3 THERETO. RE: PETITION 79-6-1-17 FOR CHANGE OF ZONING FROM RUF TO R-8 By Counci lnan. Nash, seconded by Councilman Taylor, and unanimously adopted, it was #57-80 RESOLVED, that the proposed amendment to the Zoning Ordinance, submitted by the Department of Law in a letter dated December 26, 1979 with respect to Petition No. 79-6-1-17 of Michael A Boggio. for property on west side of Inkster Road north of Joy Road in the Southeast 1/4 of Section 36, from RUF to R-8, and having been given its First Reading by Councilman Nash on January 16, 1980, is hereby tabled until such time as a Site Plan is received from the petitioner. Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 21 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 79-6-1-19 FOR CHANGE OF ZONING FROM R-2 TO P.S. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 10.03 OF ARTICLE X OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." 18332 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 Taylor, and unanimously adopted, it was #58-80 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 5.293+; MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, February 25 1980 at 8:00 P.M at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154, with respect to the following item: Petition 79-10-6-5 submitted by the City Planning Commission to amend Sections 10.03 and 11 03 of Ordinance No. 543, the Zoning Ordinance to establish new regulations for the control of the use of S.D D. Licenses in the waiver use sections of the C-1 and C-2 Districts, the City Planning Commission having in its resolution 12-240-79 recommended to the City Council that Petition 79-10-6-5 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, (and/or) (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each rail- road company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Bishop, seconded by Councilman McCann, and unanimously adopted, it was #59-80 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. 18333 By Councilman Nash, seconded by Councilwoman Gundersen, and unanimously adopted, it was #60-80 RESOLVED, that having considered certain proposed facility policies and procedures prepared by the Director of Community Resources in connec- tion with applications for use of the Livonia City Hall Auditorium, the Council does hereby request that the Department of Community Resources re-submit the same to Council after it has been reviewed and approved as to form by the Department of Law. By Councilman McCann, seconded by Councilman Taylor, it was #61-80 WHEREAS, the people of Wayne County recently defeated a reorganiza- tion of the Wayne County Circuit Court and Recorder's Court in the State Legislature which would have deprived them of their present right to vote for every circuit judge who has jurisdiction over them and their communities; and WHEREAS, there is now an attempt to implement this same plan by administrative rule of the Michigan Supreme Court with the agreement of the Wayne County Circuit Court and Recorder's Court; and WHEREAS, if this reorganization is accomplished by administrative order, the people of every community in Wayne County, except Detroit, will be deprived of their right to vote for 23 judges who will have jurisdiction over them and their communities since under this proposed plan the 23 Recorder's Court judges will be made full circuit judges but will be elected only by the people of the City of Detroit; and WHEREAS, only those who live in the City of Detroit will elect these 23 judges who, nevertheless, will have civil and criminal jurisdictio' over all 4+3 communities in Wayne County; NOW, THEREFORE, BE IT RESOLVED, that the City Council, for and on behalf of the people of the City of Livonia, does hereby express its opposition to any plan for court reorganization in Wayne County which does not require every circuit judge to run on a county-wide basis and does earnestly urge that any reorganization of the courts in Wayne County be based upon an organizational pattern which exists in the courts of the 82 other counties of Michigan wherein all circuit judges are required to run on a county-wide basis, and BE IT FURTHER RESOLVED, that the City Clerk is hereby requested to forward a certified copy of this resolution to Governor William G. Milliken, to the members of the Supreme Court of the State of Michigan, and to State Senator R. Robert Geake and State Representative Jack E. Kirksey. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. 18334 By CouncilmAn Nash, seconded by Councilman Taylor, it was #62-80 WHEREAS, the investment of the City's surplus funds in order to derive revenue is a matter of ever-increasing significance due to the City's present fiscal limitations; and WHEREAS, in view of the current inflationary cycle, it is imperative that sophisticated financial analyses be employed to maximize the City's return on its investments; and WHEREAS, Act No. 20 of the Public Acts of 1943 (MCLA 129.91) enables the legislative body of a municipality to authorize its chief fiscal officer to invest surplus funds belonging to and under the control of the municipal- ity, NOW, THEREFORE, BE IT RESOLVED that, pursuant to the provisions set forth in MCLA 129.91, the City Council does hereby authorize the Director of Finance to invest surplus funds belonging to or under the control of the City of Livonia in accordance with the provisions set forth in said statute, and to the extent that any prior council resolutions may be in conflict with the action taken herein, including Council Resolution 67-67, the same are hereby repealed,amended, and/or revised. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication from the City Planning Commission, dated December 20, 1979, which transmits its resolu- tion 12-254-79, adopted on December 18, 1979, with regard to Petition 79-10-8-31, submitted by Topeka Inn Management, Inc. , requesting site plan approval in connection with a proposal to construct a Holiday Inn Motel and Restaurant and Lounge on the north side of Six Mile Road between Newburgh Road and the I-275 Freeway in the Southeast 1/4 of Section 7, pursuant to the provisions set forth in Section 18 47 of Ordinance No. 543, as amended, the Council does hereby determine to concur in the recommendation of the Planning Commission and Petition 79-10-8-31 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 with the exception, however, that Condition No. (4) shall be revised to read as follows• "(4) That a detailed landscape plan shall be submitted to the Planning Commission for its review and thereafter to the Council for its approval, within thirty (30) days;" and with the further exception that Condition No (5) is hereby deleted and a determination with respect to the proposed freestanding signs is deferred to a subsequent time for additional consideration By Councilman Bishop, seconded by Councilwoman Gundersen, it was RESOLVED, that Condition No 5 of the foregoing resolution be deleted and the site plan be revised so as to reflect a 66' sign. 18335 L A roil call vote was taken on the motion to delete with the following result: AYES: Gundersen and Bishop. NAYS: Taylor, McCann, Nash and Bennett. The President declared the motion DENIED A roll call vote was taken on the resolution, as amended, as follows: #63-80 RESOLVED, that having considered a communication from the City Planning Commission, dated December 20, 1979, which transmits its resolu- tion 12-254-79, adopted on December 18, 1979, with regard to Petition 79-10-8-31, submitted by Topeka Inn Management, Inc. , requesting site plan approval in connection with a proposal to construct a Holiday Inn Motel and Restaurant and Lounge on the north side of Six Mile Road between Newburgh Road and the I-275 Freeway in the Southeast 1/4 of Section 7, pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby determine to concur in the recommenda- tion of the Planning Commission and Petition 79-10-8-31 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 with the exception, however, that Condition No. (4) shall be revised to read as follows: "(4) That a detailed landscape plan shall be submitted to the Planning Commission for its review and thereafter to the Council for its approval, within thirty (30) days;" and with the further condition that the freestanding highway sign shall in no event be higher than sixty (60) feet from ground level. with the following result AYES: Taylor, Gundersen, Bishop, Nash and Bennett. NAYS: *McCann. The President declared the resolution, as amended, adopted *Councilman McCann made the following statement: My 'no' vote was cast based on the height of the Highway Sign. By Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, this 923rd Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:45 P. M. , January 16, 1980. L i , t‹,,,„,,,) . . .,„" ADDISON W. :'C• , CI ' CLERK