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HomeMy WebLinkAboutCOUNCIL MINUTES 1980-01-30 18341 MINUTES OF THE NINE HUNDRED AND TWENTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 30, 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 8:06 P. M Councilwoman Gundersen 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: Addison W Bacon, City Clerk; Frances S. Stem, Deputy City Clerk; Robert M. Feinberg, Assistant City Attorney; Ronald R. Reinke, Superintendent, Parks & Recreation; G. E. Siemert, City Engineer; Robert E Osborn, Director Public Works; Elaine Tuttle, City Treasurer; Ronald Mardiros, City Assessor; Russell Gronevelt, Superintendent of Public Service; Rudolf R Kleinert, Public Safety Director-Fire; Michael Reiser, Director of Civil Defense. By Councilman McCann, seconded by Councilman Bishop, and unanimously adopted, it was #64-80 RESOLVED, that the minutes of the 923rd Regular Meeting of the Council of the City of Livonia, held January 16, 1980, are hereby approved. The communication from the Council President dated January 23, 1980 with respect to Committee Appointments was received and placed on file for the information of the Council. The communication from the Finance Director dated January 15, 1980 transmitting various unaudited financial statements of the City for the twelve months ending November 30, 1979, was received and placed on file for the information of the Council. The communication from the Traffic Commission dated January 11, 1980 with respect to Traffic Signing in Area of Coventry Gardens Subdivision was received and placed on file for the information of the Council. 18342 The communication from the Traffic Commission dated January 11, 1980 with Lrespect to traffic problems in area of Elmira from Deering to Inkster and Orangelawn from Clements Circle to Inkster, was received and placed on file for the information of the Council. (CR 640-79, CR 708-79 and CR 827-78) Councilman Nash took from the table, for second reading and adoption, 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. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. L. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance• AN ORDINANCE AMENDING SECTION 10.03 OF ARTICLE X OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." By Councilman Nash, seconded by Councilman McCann, it was #65-80 RESOLVED, that the proposed amendment to the Zoning Ordinance, submitted by the Department of Law in a letter dated January 4, 1980 submitted by the Planning Commission pursuant to Council Resolution #251-78 with respect to Petition No. 76-8-6-7 to Provide Standards for Determining the Use of Bakeries, etc. as Waiver Uses in C-1 Zoning Districts, and having been given its second reading by Councilman Bishop on January 30, 1980, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result• AYES: Gundersen, Bishop, McCann, Nash and Taylor. NAYS: Bennett. The President declared the resolution adopted. 18343 By Councilman Nash, seconded by Councilman McCann, it was #66-80 RESOLVED, that having considered the report and recommendation of the acting Chief of the Fire Department, dated January 8., 1980, which bears the signature of the Finance Director, is approved by the Director of Publi Safety-Fire, and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of Wolverine Fire Apparatus Co. , Inc. , 119 N. Main Street, P.O. Box 62, Sherwood, Michigan 49089, for supplying th City (Fire Department) with new equipment to provide compartments, carrying racks and other related items for installation on five (5) Seagrave Pumpers for the price of $12,650 per vehicle, for a total c•st of $63,250.00, the same having been in fact the lowest bid received which meets all specifica- tions; and the Council does hereby appropriate and authorize the expenditur of the sum of $63,250 from the 1968 Fire Department G 0. Bond Issue for thi purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman. Bishop, seconded by Councilman Taylor, it was #67-80 RESOLVED, that having considered a communication from the Director of Finance, dated January 10, 1980, approved for submission by the Mayor, the Council does hereby determine to authorize the purchase of gasoline from Texaco, Inc. , effective December 15, 1979 and December 22, 1979, at the following unit prices: Regular 12 15 7 12 22 79 Less than 4,000 Gals. 59 Gal.. 9 Gal More than 4,000 Gals. 805/Gal. .835/Gal Lead Free Less than 4,000 Gals 9045/Gal 9345/Gal More than 4,000 Gals. 8475/Gal .8775/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, as amended; 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: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None By Councilman Taylor, seconded by Councilwoman Gundersen, it was 18344 #68-80 RESOLVED, that having considered a communication from the Director of Finance, dated January 10, 1980, 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 the City's fuel supplier, D & W Oil Company, effective December 15, 1979 for the unit price of 79.7 cents per gallon, and effective January 4, 1980 for the unit price of 82.7 cents per gallon, 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, as amended; 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: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman McCann, it was #69-80 RESOLVED, that having considered a communication from the City Engineer, dated January 3, 1980, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the action taken in Council Resolu- tion 219-78 adopted on March 15, 1978, wherein a contract in the amount of $36,400.00 was awarded to the Suburban Tile & Marble Company, Inc. for ceramic and quarry tile work in connection with the construction of the new Civic Center Municipal Building, the Council does hereby appropriate and authorize the expenditure of an additional sum of $2820.00 from Federal Economic Development Funds for this purpose, the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, it was #70-80 RESOLVED, that having considered a communication from the City Engineer, dated January 2, 1980, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, to which is attached a request for payment Nos. 26, 27 and 28 from R E Dailey & Company, Construction Manager for the Civic Center Municipal Building, dated December 20, 1979, which is as follows: a) Construction Management Fees $ 23,392.25 b) Reimbursables 34,905.51 TOTAL $ 58,297.76 18345 the Council does hereby authorize payment of the aforesaid amount to R. E. Dailey & Company, as submitted; and, FURTHER, the Council does hereby appropriate and authorize the expenditure of an additional sum of $34,905.51 from Federal Economic Development Administration Funds for this purpose, the action herein being taken for the reasons indicated in the aforesaid communication; 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: Gundersen, Bishop, McCann, Nash and Bennett. NAYS: Taylor The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Nash, it was #71-80 RESOLVED, that having considered a communication from the City Engineer, dated January 4, 1980, which bears the signature of the Finance Director, is approved by the Director of. Public Works and is approved for submission by the Mayor, in connection with the installation of certain underground improvements for the Civic Center Municipal Building, as iftw approved and authorized in Council Resolution 384-78 adopted on April 19, 1978, the Council does hereby determine to appropriate and authorize the expenditure of a sum not to exceed $55,000.00 from Federal Revenue Sharing Funds for the purpose of constructing the aforesaid storm drainage, and Council Resolution 384-78 is hereby amended and 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: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None By Councilman Taylor, seconded by Councilman Bishop, it was #72-80 RESOLVED, that having considered a communication from the City Engineer, dated January 3, 1980, approved by the City Attorney and the Director of Public Works and approved for submission by the Mayor, with regard to the appraisal of right-of-way required in order to complete Newburgh Road between Six and Eight Mile Roads, and Council Resolution 584-79 adopted on June 20, 1979 having authorized and approved the employ- ment of Charles W. Allen, Jr as an expert real estate appraiser for this purpose, the Council does hereby appropriate an additional sum not to exceed $300.00 from the 7 9 Million Dollar General Obligation Road Improve- ment Bond Issue for the purpose of covering the cost of an additional appraisal, as set forth in the aforesaid communication; 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• 18346 AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. law NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #73-80 RESOLVED, that having considered a communication from the Chief of Police, dated January 7, 1980, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Councildoes hereby determine to renew the lease of Tennyson Rental Company, 32570 Plymouth Road, Livonia, Michigan 48150, for the lease of four (4) 1980 Model Year vehicles to the City for the use of the Police Department Saturation Patrol for the period of November 30, 1979 to November 30, 1980, for a total cost of $11,808.00, and the Council does hereby determine to authorize the said lease renewal 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, as amended; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a lease agreement renewal with Tennyson Rental Company for this purpose, 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: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #74-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 20, 1979, which bears the signature of the Chairman of the Water and Sewer Board, is approved by the Director of Public Works and is approved for submission by the Mayor, and the attached final estimate dated December 11, 1979, the Council does hereby authorize total payment in the amount of $13,746.93 to A & P Construction Company, 41055 Joy Road, Canton, Michigan 48187, which sum includes the full and complete balance due said company in connection with the installation of certain sanitary sewer extensions along the north line of the Hidden Pines Sub- division, it appearing from the aforementioned report that all of said work has been completed in accordance with City standards and specifications, and, FURTHER, the Council does hereby determine to appropriate and authorize an additional sum of $526.93 from the Water and Sewer Account No. 590-000- 158.000.000 for this purpose; 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: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. 18347 By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #75-80 RESOLVED, that having considered the report and recommendation of the City Treasurer, dated January 15, 1980, the Council does hereby authorize the City Treasurer to do all things necessary to prepare specific tions and obtain bids for two (2) new cash registers for use in the City Treasurer's office, in accordance with the provisions set forth in the Financial Ordinance, the same thereafter to be submitted to Council for its consideration. By Councilman Bishop, seconded by Councilman Nash, it was #76-80 RESOLVED, that having considered a communication from the City' Planning Commission, dated December 21, 1979, which transmits its resolu- tion 12-250-79 adopted on December 18, 1979, with regard to Petition 79-11-2-27, submitted by the White Castle System, Inc. , requesting waiver use approval to construct and operate a restaurant on property zoned C-2 located on the south side of Plymouth Road between Middlebelt and Merriman Roads in the N.E. 1/4 of Section 35, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 79-11-2-27 is hereby approved and granted, such approval to be based upon the same conditions as are set forth in the aforesaid recommends tion of the Planning Commission, and subject to the following additional conditions: 1. Removal of the existing freestanding sign now on the premises which sign is not to be replaced by any other sign, and 2. Enclosure of the refuse area with white glazed brick. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #77-80 RESOLVED, that having considered a communication from the City Planning Commission, dated December 26, 1979, which transmits its resolu- tion 12-255-79 adopted on December 18, 1979, with regard to Petition 79-12-8-35, submitted by Fred J. Armour, requesting site plan approval in connection with a proposal to construct a medical clinic complex on the west side of Farmington Road, south of Eight Mile Road, in Section 4, 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 79-12-8-35 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. 18348 At the direction of the Chair, the item on the agenda with respect to the Final Plat Approval of Laurel Park South Subdivision No. 2, in Section 18, was removed and will be considered at the next Regular Meeting of the Council to be held on February 13, 1980. By Councilman Taylor, seconded by Councilman McCann, it was #78-80 RESOLVED, that having considered a communication from the City Assessor, dated December 19, 1979, approved for submission by the Mayor, with regard to a request from Mr. Pasko Ivezaj, 29201 Sunnydale, Livonia, Michigan 48154, 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 determine to deny the request for dividing Tax Item No. 46 051 01 0232 000 (13b232) into two parcels since the same would be in violation of the City's Zoning Ordinance and law. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Taylor and Bennett. NAYS: Gundersen and Bishop. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bishop, it was #79-80 RESOLVED, that having considered a communication from the City Assessor, dated January 10, 1980, approved for submission by the Mayor, with regardto a request from Mrs. The1mr Brown, 36730 E. Seven Mile Road, 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 of Tax Item No. 46 019 99 0016 000 (05F1,F2a,Glb) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing the same into two parcels, the legal descriptions of which shall read as follows: Parcel A A parcel of land situated in the Southwest 1./4 of Section 5, T. 1 S R 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as Commencing at the Southwest corner of said Section 5; thence East along the South line of said Section 5, 1893.13 feet; thence North 0 degrees 22 minutes 00 seconds East, 33 feet to the point of beginning; thence North 0 degrees 22 minutes 00 seconds East, 105.0 feet; thence South 89 degrees 14 minutes 30 seconds East, 55 feet; thence South 38 degrees 53 minutes 10 seconds East, 72.70 feet; thence South 0 degrees 22 minutes 00 seconds West 49.02 feet; thence North 89 degrees 14 minutes 30 seconds West 101.0 feet to the Point of Beginning, containing 0.21 acres. and 18349 Parcel B That part of the Southwest 1/4 of Section 5 described as beginning at a point on the South line of said Section distant South 89 degrees 14 minutes 30 seconds East 1893.13 feet from the Southwest corner of Section 5 and proceeding thence North 0 degrees 22 minutes East 336.0 feet; thence South 53 degrees 55 minutes 57 seconds East 124.55 feet; thence South 0 degrees 22 minutes West 264.0 feet to the South line of Section 5; thence North 89 degrees 14 minutes 30 seconds West along said line 101.0 feet except that part commencing at the Southwest corner of said Section 5; thence East along the South line of Section 5, 1893.13 feet; thence North 0 degree; 22 minutes 00 seconds East, 33 feet to the point of beginning; thence North 0 degrees 22 minutes 00 seconds East, 105 0 feet, thence South 89 degrees 14 minutes 30 seconds East, 55 feet; thence South 38 degrees 53 minutes 10 seconds East, 72.70 feet; thence South 0 degrees 22 minutes 00 seconds West 49.02 feet; thence North 89 degrees 14 minutes 30 seconds West, 101.0 feet to the Point of Beginning, containing .49 acres. 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: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #80-80 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 27, 1979, and the report and recommenda- tion of the Chief of Police, dated January 11, 1980, in connection there- with, the Council does hereby approve of the request from Ervin L. Melching and Lorene F. Melching for transfer of ownership of 1979 Class C Licensed Business located at 34101 Plymouth Road, Livonia, Michigan 48150, from Ervir L. Melching, receiver for Club House Bar, Inc. , located at 34101 Plymouth Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commis- sion A roll call vote was taken on the foregoing resolution with the following result- AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett NAYS: None. By Councilman Bishop, seconded by Councilman McCann, it was #81-80 RESOLVED, that having considered letters from the Michigan Liquor Control Commission, dated November 9, 1979 and November 21, 1979, respec- tively, and the report and recommendation of the Chief of Police, dated January 14, 1980, in connection therewith, the Council does hereby approve of the request from David Gazale, Jr. and Suha Gazale for transfer of ownership of 1979-80 SDM licensed business from Roger M. Ajluni and David S. Gazale located at 28515 Five Mile Road, Livonia, Michigan 48154; and 18350 does further approve of the request from Phibie Musallam and Musallam Z. Musallam, 11004 Hudson, Warren, Michigan, for transfer of SDM licensed business from David Gazale, Jr. and Suha Gazale, located at 28515 Five Mile Road, Livonia, Michigan 48154; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #82-80 RESOLVED, that having considered a communication from certain residents of Richland Avenue, dated January 2, 1980, with respect to the maintenance of Richland, west of Farmington Road, the Council does hereby determine to refer this matter to the Engineering Division for its report and recommendation. By Councilman Bishop, seconded by Councilman Nash, and unanimously im, adopted, it was #83-80 RESOLVED, that having considered a communication from Anthony Miller, Norco Refrigeration Service, 10000 Garvett, Livonia, Michigan 48150, dated January 3, 1980, with respect to the operation of concession stands at various City functions, the Council does hereby determine to refer this matter to the Department of Parks & Recreation for its report and recommends tion. By Councilman Nash, seconded by Councilman Taylor, it was #84-80 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated December 19, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits its resolution #WS 2379 12/79 with respect to proposed Wayne County Fees--Non-Residential User Charge and Industrial Surveillance Permit Fee Charge, the Council does hereby determine to authorize the Water and Sewer Division to collect fees as follows: NON-RESIDENTIAL USER CHARGE $0.008 x water consumption in units Effective Date - All bills rendered after January 1, 1980. INDUSTRIAL SURVEILLANCE FEE CHARGE Annual Fee - graduated volume base fee x survey factor The volume base fee shall be on a graduated basis as follows: 18351 Average Wastewater Discharge Volume Volume Based on Days When Discharge Occurs Base Fee (Gallons Per day) ($) 0 - 50,000 $ 75 50,000 - 100,000 $ 225 100,000 - 250,000 $ 375 250,000 - 1,000,000 $ 525 Over 1,000,000 $ 750 The survey factor shall be a number equal to the number of constituents contained in the wastewater discharged to a public sewer which exceed the limitations as set forth in the Sewer Use Regulation (SUR), Article IV-Section 2.A.U. The survey factor shall not be less than 1.0 nor more than 10.0. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, McCann, Nash, Taylor and Bennett. NAYS: Bishop. The President declared the resolution adopted By Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #85-80 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated December 13, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, transmitting its resolution #WS 2378 12/79, and to which is attached the proposed Water and Sewer Budget for the fiscal year ending February 28, 1981, the Council does hereby determine to refer this matter to the Water Supply, Drainage, Sewage & Waste Disposal Study Committee for its report and recommendation. By Councilman McCann, seconded by Councilman Nash, it was #86-80 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the recommenda- tion of the Mayor, dated January 2, 1980, the Council does hereby confirm the reappointment of Nancy Wilson, 29+85 Bobrich, Apartment 33, Livonia, Michigan 48152, to the Board of Review of the City of Livonia for a term o7 three years expiring February 16, 1983. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. AYES: None. By Councilman Taylor, seconded by Councilwoman Gundersen, it was 18352 #87-80 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated December 20, 1979, approved by the Finance Director and approved for submission by the Mayor, wherein a request is made for an advance of funds for expenses to be incurred in connection with the 1980 Ice Show, sponsored by the Parks and Recreation Department, to be held on March 28-30, 1980, the Council does hereby determine to appropriate and authorize the sum of $7500.00 as an advance from the General Fund for the purposes set forth in the aforesaid communice tion, such sum to be reimbursed to the General Fund from the proceeds of the sale of tickets for this event. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #88-80 RESOLVED, that having considered a communication from the Director of the Department of Community Resources, dated January 4, 1980, which bears the signature of the Finance Director and is approved for submission by the Mayor, to which is attached a communication from the Treasurer of the Historical Commission, dated September 4, 1979, with respect to line item changes in the 1980 budget of the Historical Commission, the Council does hereby determine to approve the line item changes set forth in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS• None. By Councilman McCann, seconded by Councilman Bishop, and unanimously adopted, it was #89-80 RESOLVED, that having considered a communication from the City Treasurer, dated January 11, 1980, with respect to authorized depositories for City funds, the Council does hereby determine to refer this matter to the Finance and Insurance Committee for its report and recommendation. By Councilman McCann, seconded by Councilman Taylor, it was #90-80 RESOLVED, that having considered a communication from the City Treasurer, dated January 3, 1980, wherein a request is made that additional funds be appropriated to the 1979-80 budget for the Treasurer's office to cover the salary of a personal property tax collector, the Council does hereby refer this matter to the Mayor for his report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Taylor and Bennett. NAYS: Nash. The President declared the resolution adopted 18353 By Councilman Taylor, seconded by Councilman Bishop, it was unanimously adopted #91-80 RESOLVED, that having considered a communication from the Personnel Director, dated January 3, 1980, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on December 20, 1979, wherein it is recommended that the classification of Assistant Fire Chief be established in the Department of Public Safety-Fire, at the following rate of pay: Step 1 ELsiukIL Step 2 Step 3 Step 4 Step 5 Annual 26582.40 27123.20 27664.00 28766.40 29910.40 31096.00 Biweekly 1022.40 1043.20 1064.00 1106.40 1150.40 1196.00 + COLA $520.00 Annually 20.00 Biweekly These proposed rates are based upon the current rate for Battalion Chief and Fire Chief which became effective 12/1/78. They should be subject to adjustment at the time the rates for Fire Department classifications are established for the contract period beginning 12/1/79. The Council does hereby determine to concur in and approve of such action By Councilman Bishop, seconded by Councilman Taylor, it was #92-80 WHEREAS, there exists in the City of Livonia the need for programs to alleviate and prevent conditions of unemployment, to assist and retain local industries and commercial enterprises in order to strengthen and revitalize the City's economy and to encourage the location and expansion of commercial enterprises to provide needed services and facilities to the City and its residents; and WHEREAS, the Economic Development Corporations Act, being Act No. 338, Public Acts of Michigan, 1974, as amended (the "Act") provides a means by which this purpose and intent may be accomplished; and WHEREAS, a project (American Community Mutual Insurance Company Office Building Project) to alleviate the aforesaid conditions and accom- plish said purposes has been initiated by the Economic Development Corporation of the City of Livonia (the "Corporation"); and WHEREAS, the Corporation, in conformity with the Act, has designated a project area and project district area for such a project (American Community Mutual Insurance Company Office Building Project) to this City Council for its approval thereof. WHEREAS, the Planning Commission of the City of Livonia, Michigan lbw (the "Planning Commission") has recommended the designation of a project area and project district area for such a project (American Community Mutual Insurance Company Office Building Project) to this City Council for its approval thereof. 1835+ NOW, THEREFORE, BE IT RESOLVED BY THIS CITY COUNCIL OF THE CITY OF LIVONIA, as follows: 1. The following Project Area in the City of Livonia, County of Wayne, State of Michigan, as designated by the Corporation and the Planning Commission be, and is hereby certified as approved: SEE EXHIBIT A ATTACHED HERETO 2. That the territory surrounding said designated Project Area will not be significantly affected by the Project and, there- fore, the Project District Area having the same description as and boundaries coterminous with the Project Area herein certified as approved is hereby established. 3. It is hereby determined that there are less than eighteen (18' residents, real property owners, or representatives of estab- lishments located within the Project District Area, and, therefore, a Project Citizens District Council shall not be formed pursuant to Section 20 (b) of the Act. 1 . The City Clerk be, and is hereby directed to provide a certified copy of this resolution to the Secretary of the Board of Directors of the Corporation and the Secretary of the Planning Commission. 5. All resolutions, or parts thereof, in conflict with this resolution are hereby repealed, but only to the extent of such conflict. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, it was #93-80 WHEREAS, the Detroit Wastewater Treatment Plant has been cited by the United States Environmental Protection Agency as the nation's single largest source of pollution to the Great Lakes; and WHEREAS, over the past few years wholesale sewage treatment rates have been increased for Metropolitan Detroit customers by more than 530%; and WHEREAS, the Detroit Water and Sewerage Department still has massive problems in the areas of adequate staffing and training of personnel; and WHEREAS, the actual performance by Detroit in treating wastewater effluent has yet to meet E.P.A. secondary treatment standards despite substantial expenditures for additional facilities, equipment, and personnel; and 18355 WHEREAS, more than half of the population served by the Metro- politan Detroit Water and Sewer System is located outside the City of Detroit, and more than half of the revenues of the system, based on user charges, are paid by customers located outside of the City of Detroit: NOW THEREFORE BE IT RESOLVED, that the City of Livonia strongly supports the program of the CITIZENS FOR REGIONAL WATER AND SEWER SYSTEM to engage in legislative efforts, including the support of an initiatory petition drive, to restructure the Detroit Metropolitan Water and Sewer System into a regional water and wastewater system operated by a Regional Water and Sewer Commission to be elected by representatives of all of the communities served by the system. BE IT FURTHER RESOLVED, that the Council of the City of Livonia supports this initiatory petition drive by authorizing the contribution of $250.00 to cover the necessary expenses of petition printing, mailing and other miscellaneous costs. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett NAYS: None. By Councilwoman Gundersen, seconded by Councilman Bishop, it was #91+-80 RESOLVED, that pursuant to the provisions of Section 38, Act 65 of the Public Acts of Michigan of 1973, as amended, the Council does hereby appoint Amy Juntunen, 32215 Meadowbrook Lane, Livonia, Michigan, as the Democratic member of the Board of Canvassers of the City of Livonia to fill the unexpired term of the late Sydney Diamond, which term expires on December 31, 1983. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was 5-80 RESOLVED, that having considered a communication from the City Planning Commission, dated November 19, 1979, which sets forth its resolu- tion 9-161-79 adopted on September 11, 1979, with regard to Petition 79-7-1-21 submitted by the City Planning Commission on its own motion for a change of zoning on property located on the north side •f Ann Arbor Road between Newburgh Road and Ann Arbor Trail in the Northeast 1/4+ of Section 31, from R-1 to P., and the Council having conducted a public hearing with regard to this matter on January 11+, 1980, pursuant to Council Resolution 1223-79, the Council does hereby concur in the recommendation of the log Planning Commission and the said Petition 79-7-1-21 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. 54+3, as amended, in accordance with this resolution. 18356 A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman McCann, and unanimously adopted, it was #96-80 RESOLVED, that having considered a communication from the City Planning Commission, dated November 26, 1979, which sets forth its resolu- tion 11-213-79 adopted on November 13, 1979, with regard to Petition 79-5-1-13 submitted by the City Planning Commission for a change of zoning on property located on the southeast corner of Ann Arbor Trail and Newburgh Road in the Northwest 1/4 of Section 32, from C-1 to P.S., and the Council having conducted a public hearing with regard to this matter on January 14, 1980, pursuant to Council Resolution 1223-79, the Council does hereby determine to refer this matter to the Study Session of April 28, 1980 for further consideration. By Councilman Bishop, seconded by Councilman McCann, and unanimously adopted, it was #97-80 RESOLVED, that having considered a communication from the City Planning Commission, dated November 26, 1979, which sets forth its resolu- tion 11-213-79 adopted on November 13, 1979, with regard to Petition 79-5-1-13 submitted by the City Planning Commission for a change of zoning on property located on the southeast corner of Ann Arbor Trail and Newburgh Road in the Northwest 1/4 of Section 32, from C-1 to P.S., and the Council having condadted"a public hearing with regard to this matter on January 14, 1980, pursuant to Council Resolution 1223-79, the Council does hereby determine to refer the question of whether or not a gas station use has been abandoned to the Bureau of Inspection for its report and recommenda- tion. By Councilman Nash, seconded by Councilwoman Gundersen, it was #98-80 RESOLVED, that having considered a communication from the City Planning Commission, dated November 26, 1979, which sets forth its resolu- tion 11-221-79 adopted on November 13, 1979, with regard to Petition 79-9-1-33 submitted by R. B. Murninghan for a change of zoning on property located on the north side of Five Mile Road between Cavour and Garden Avenues in the Southwest 1/4 of Section 13, from RUF to R-7 and C-2, and the Council having conducted a public hearing with regard to this matter on January 14, 1980, pursuant to Council Resolution 1223-79, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 79-9-1-33 is hereby approved in part and denied in part; and the change in zoning from RUF to R-7 only is hereby approved and grant-d; 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; FURTHER, the Council does hereby concur in the recommendation of the Planning 18357 Commission as to that portion of the Petition requesting a change in zoning from the RUF to C-2 classification which is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission; and, FURTHER, the Council does hereby determine to refer this matter to the Planning Commission to initiate a petition for a change in zoning on. +he balance of the property from RUF to R-7. A roll call vote was taken onthe foregoing resolution with the following result: AYES: Gundersen, McCann, Nash, Taylor and Bennett. NAYS: Bishop. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #99-80 RESOLVED, that having considered a communication from the City Planning Commission, dated November 26, 1979, which sets forth its resolu- tion 11-217-79 adopted on November 13, 1979, with regard to Petition 79-10-1-37 submitted by Edmund Nida for a change of zoning on property located on the northeast corner of Plymouth Road and Deering in the Southeast 1/4 of Section 25, from P S to C-2, and the Council having c•nducted a public hearing with regard to this matter on January 14, 1980, pursuant to Council Resolution 1223-79, the Council does hereby determine to refer this matter to the City Planning Commission for a new report and recommendation. By Councilman Bishop, seconded by Councilman Taylor, it was #100-80 RESOLVED, that having considered a communication from the City Planning Commission, dated November 21, 1979, which sets forth its resolu- tion 11-214-79 adopted on November 13, 1979 with regard to Petition 79-10-2-25 submitted by Burger Chef Systems, Inc. , requesting waiver use approval to construct and operate a restaurant on property zoned C-2, located on the west side of Farmington Road, north. of Seven Mile Road, in the Southeast 1/4 of Section 4, the Council does hereby determine to reject the recommendation of the Planning Commission and Petition 79-10-2-25 is hereby approved and granted; subject to compliance with conditiwns set forth in a letter dated January 30, 1980, from Kenneth R. Hale, Attorney for Petitioner, which provides as follows: 1. That the 119.80 foot area at the rear of the proposed site will not be developed and that it will remain in its natural state; provided, however, that, upon direction of the Council, petitioner shall cause the area to be landscaped; 2. That the aforementioned undeveloped area will be policed in the same manner as the developed parcel; 3 That the Waiver Use Petition No. 79-10-2-25 shall be amended so as to delete from the petition the rear 119.80 feet of the site heretofore submitted for approval; 18358 said waiver use approval shall not be construed as constituting approval of the site plan; the said site plan being hereby referred to the City Planning Commission for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Nash, Taylor and Bennett. NAYS: Gundersen and McCann. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman McCann, and unanimously adopted, it was #101-80 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 21, 1979 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 14, 1980, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of two (2) 175 watt, mercury vapor lights on existing wood poles within the St. Francis right-of-way, north of Long, in the N.E. 1/4 of Section 1, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived. (3) approve the plans and specifications for the improvement as set forth in said statement dated November 21, 1979; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: Lots 77 through 82, both inclusive, Lots 86 through 88, both inclusive, Lots 90 through 92, both inclusive, of the Argonne Annex Subdivision as recorded in Liber 46, Page 35, Wayne County Records, said subdivision being of part of the N. E. 1/4 of Section 1, T. 1 S , R. 9 E , City of Livonia, Wayne County, Michigan; 18359 (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer, dated November 21, 1979; and (8) that upon completisa of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who there- upon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #102-80 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 29, 1979 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 14, 1980, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of one (1) 100 watt high pressure sodium light on an ornamental pole at the intersection of Crown and Northfield in the S.E. 1/4 of Section 32, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for the improvement as set forth insaid statement dated October 29, 1979; (4) determine that the cost of such improvement shall be paid by special assessment uponthe property especially benefited; (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: Lots 63 through 66, both inclusive, and Lots 80 and 81 of New Joy Subdivision, as recorded in Liber 83, Page 45, and Lots 115 and 116 of New Joy Subdivision No. 2, as recorded in Liber 84, Page 53, as recorded in Wayne County Records, said subdivisions being a part of the S.E. 1/4 of Section 32, T 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. 18360 (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer, dated October 29, 1979; and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who there- upon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. By Councilman Nash, seconded by Councilwoman Gundersen, it was #103-80 RESOLVED, that having considered a communication dated January 16, 1980 from William N. Ponder, attorney at law, which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on January 15, 1980 by the City Planning Commission in its resolution 1-12-80 with regard to Petition 79-12-2-33, submitted by Abraham Jaafar requesting waiver use approval to utilize an SDD License in connection with an existing party store on property zoned C-2 and located on the south side of Plymouth Road between Stark and Wayne Roads, in the N.W 1/4 of Section 33, the Council does hereby designate Monday, February 25, 1980, at 8:00 P.M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #104-80 RESOLVED, that having considered a communication from the Director of Community Resources, dated January 11, 1980, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council, for and on behalf of the City of Livonia, does hereby determine to accept the following gifts: 1. Mr. C A Smith - Livonia Christian Church $ 25.00 2. Mr. Peterson's Dance Group 100 00 3. Busy G's Craft Shop 140.00 and does hereby take this means to indicate its sincere appreciation to Mr. C A. Smith - Livonia Christian Church, Mr. Peterson's Dance Group, and Busy G's Craft Shop for these generous gifts; and, further, the Council does hereby determine to increase the Revenue Summary Budget 18361 Account 101-000-698 in the sum of $265.00 and to appropriate this amount to the Capital Outlay Account 101-174-983 for Senior Citizen purposes. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #105-80 RESOLVED, that having considered a communication from Mr. Peter Klein, President of the Ziegler Place Tenant's Association, dated January 9, 1980, the Council, for and on behalf of the City of Livonia, does hereby determine to accept a gift in the amount of $200.00 from Mrs. Elizabeth J Sellars, in memory of her son William T Sellars, and does hereby take this means to indicate its sincere appreciation to Mrs. Elizabeth J Sellars for this generous gift; and, further, the Council does hereby determine to increase the Revenue Summary Budget Account 101-000-698 in the sum of $200.00 and to appropriate this amount to the Capital Outlay Account 101-174-983 for Senior Citizen purposes. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman McCann, it was #106-80 RESOLVED, that having considered a communication from the City Assessor, dated September 20, 1978, approved for submission by the Mayor, with regard to a request from Mrs. Doris N. Batten, 30126 Bretton, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 51+3, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the propose division of Tax Item No 46 008 01 0472 000 (02c472), as amended by Survey No. 237813 by Clive Cantor, Land Surveyor, dated January 11, 1980, would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing the same into two parcels, the legal descriptions of which shall read as follows: Parcel A The South 82.40 feet of Lot 472, including 1/2 of proposed vacant Pembroke Avenue, Supervisor's Livonia Plat #8, City of Livonia, Wayne County, Michigan. As recorded in Liber 66, Page 59, of Plats, W C.R. and Parcel B The North 52.40 feet of Lot 472, including 1/2 of proposed vacant Pembroke Avenue, Supervisor's Livonia Plat #8, City of Livonia, Wayne County, Michigan. As recorded in Liber 66, Page 59, of Plats, W C.R. 18362 as shown on the maps attached to the aforesaid communication which are L 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: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Nash, it was #107-80 RESOLVED, that having considered a communication from the President of the Council, dated January 14, 1980, which bears the signature of the Finance Director, with regard to a year end budget adjustment in connection with retirement compensation for members of the Council, the Council does hereby determine to appropriate and transfer the sum of $12,318.00 from the 1979 Unexpended Fund Balance Account of the General Fund to Account 101-101-722, Retirement Fund Contribution, the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. LNAYS: None. By Councilman McCann, seconded by Councilwoman Gundersen, it was #108-80 RESOLVED, that having considered a communication from the City Assessor, dated January 17, 1980, approved by the Finance Director and approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6, of the Charter of the City of Livonia, the Council does hereby determine that the Board of Review shall conduct Public Hearings in 1980 on the following dates: FIRST SESSION Tuesday March 4, 1980 9:00 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Wednesday March 5, 1980 9:30 a.m. - 12:30 p.m. 1:30 p.m - 4:30 p.m. Friday March 7, 1980 9:30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. SECOND SESSION Monday March 10, 1980 3:00 p.m - 8:00 p m. Wednesday March 12, 1980 9:30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Friday March 14, 1980 9:30 a.m - 12:30 p.m. 1:30 p.m. - 4:30 p m. Monday March 17, 1980 3.00 p.m. - 8:00 p.m. LWednesday March 19, 1980 9:30 a.m. - 12:30 p.m 1.30 p.m 4.30 p m. Friday March 21, 1980 9:30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Saturday March 22, 1980 9:30 a.m. - 2:00 p.m. 18363 Monday March 24, 1980 3:00 p.m. - 8:00 p.m. L Wednesday March 26, 1980 9:30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Saturday March 29, 1980 9:30 a.m. - 2:00 p.m. Monday March 31, 1980 3:00 p.m. - 8:00 p.m. Wednesday April 2, 1980 9:30 a.m. - 12:30 p m. 1:30 p.m. - 4:30 p.m. Saturday April 5, 1980 9:30 a.m. - 2:00 p.m. Monday April 7, 1980 9:30 a.m. - 12:30 p.m. in the Board of Review Conference Room of the Assessor's Office in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and such additional meetings as may be necessary for the purpose of reviewing the assessment roll for the year 1980 and hearing any taxpayers deeming themselves aggrieved by the said assessments. FURTHER, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be in the amount of $95.00 for the Chairperson and $80.00 for other members. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #109-80 RESOLVED, that having considered a communication from the Mayor, dated January 15, 1980, 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 neighbor- hood residents with respect to the Supreme Distributors Project Plan, who are as follows: Mr. John W Arthurs Mr. Vernon G Converse III Bra-Con Industries, Inc. Scans Associates, Inc. 12001 Globe Road 13000 Farmington Road Livonia, Michigan 48150 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„ A roll call vote was taken on the foregoing resolution with the following result• AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. frogBy Councilman Nash, seconded by Councilman McCann, it was #110-80 RESOLVED, that having considered a communication dated January 22, 1980 from the Department of Law transmitting for Council acceptance a Grant of Easement dated January 16, 1980, executed by Dennis Dembs and Michael Roth, co-partners of the Dembs Roth Management Company, conveying: 18364 The West 45 feet of the East 260 feet of the South 480 feet of Lot 29, Livonia Industrial Park Subdivision No. 2, as recorded in Liber 92, Pages 69 and 70, Wayne County Records, said subdivision being of part of the S.W. 1/4 of Section 27, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result. AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilwoman Gundersen, seconded by Councilman Taylor, and unanimousJ.y adopted, it was #111-80 RESOLVED, that having considered a communication dated January 18, 1980 from William J. Madden, Regional Project Manager, Wendy's International Inc., which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determina- tion made on January 15, 1980 by the City Planning Commission in its resolu- tion 1-9-80 with regard to Petition 79-12-2-31 submitted by Wendy's International Inc., requesting permission to construct a restaurant as a waiver use on property zoned C-2 and located on the north side of Plymouth Road, west of Merriman Road, in Section 27, the Council does hereby designate Monday, February 25, 1980, at 8:00 P.M as the date and time for conducting a Public Hearing with regard to this matter, such Hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. By Councilman Bishop, seconded by Councilwoman Gundersen, it was #112-80 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 industries and commercial enterprises in order to strengthen and revitalize the City's economy; and WHEREAS, a program to alleviate the aforesaid conditions has been imi initiated by The Economic Development Corporation of the County of Wayne (the "Corporation"); and WHEREAS, the Corporation in conformity with Act 338 of the Public Acts of 1974, as amended ("Act 338"), has prepared and submitted a project plan providing all information and requirements necessary for a project 18365 (The Stolaruk Corporation); and. WHEREAS, the Planning Commission of the City has recommended its approval to this Council; and WHEREAS, the citizen project district area council has approved said project plan. WHEREAS, in conformity with Act 338 this Council has conducted a public hearing on said project plan; NOW, THEREFORE, BE IT RESOLVED: 1. The project plan, as submitted and approved by the Corporation and by the City's Planning Commission and the citizen project district council, meets those requirements set forth in Section 8 of Act 338. 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 plan 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 the financing. 4. The project as submitted is reasonable and necessary to carry out the purposes of the Act. 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 are hereby rescinded. and Council Resolution 1222-79, adopted on December 12, 1979, is hereby rescinded. A roll call vote was taken on the foregoing resolution with the following result- AYES: Gundersen, Bishop, McCann, Nash and Bennett. NAYS: Taylor The President declared the resolution adopted By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #113-80 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. 18366 By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #114-80 RESOLVED, that having considered a communication from the City Treasurer, dated January 25, 1980, the Council does hereby determine that the final date for the payment of taxes without penalty is hereby extended from February 15, 1980 up to and until 5:00 P M , February 29, 1980 By Councilman Nash, seconded by Councilman Taylor, it was #115-80 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated January 23, 1980, approved for submission by the Mayor, to which is attached a communication from the Honorable James E. Mies, District Judge, 16th District Court, dated January 21, 1980, the Council does hereby authorize the purchase of recording equipment for the 16th District Court from Lanier Business Products, Inc. , Post Office Box 1555, Atlanta, Georgia 30301, for the price of $5966.00, the same to be expended from the General Fund; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication from the District Court, and such action is taken in accordance with the provisions set forth in Section 2-213 (d) (5) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #116-80 RESOLVED, that having considered the report and recommendation of the Chief Inspector, dated January 25, 1980, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby authorize payment in the sum of $2400 00 to Daniel P Nagel, 37570 Dale, Apartment 101, Westland, Michigan 48185, for removal of rubbish, trash and debris from premises located at 11943 Newburgh Road, Livonia, Michigan, the same to be expended from the Unsafe Building Account No. 205-525-882-050.000; FURTHER, the Council does hereby determine to authorize the said work 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) (1) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result• AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Taylor, it was 18367 By Councilman McCann, seconded by Councilman Taylor, it was #117-80 RESOLVED, that having considered a communication from the Personnel Director, dated January 28, 1980, which bears the signature of the Finance Director and is approved for submission by the Mayor, transmitting a resolution adopted by the Civil Service Commission on January 24, 1980 wherein the Commission recommends that the Council concur in a proposed 3-year agreement, for the period December 1, 1979 through November 30, 1982, to be entered into by and between the City of Livonia and the Livonia Supervisory Chapter of Local 1917, Affiliated with Council 23, American Federation of State, County and Municipal Employees, AFL-CIO, and wherein a resolution of the Civil Service Commission does recommend that the Council concur in adopting the necessary amendments to the Compensation Plan, the Retirement Ordinance, as amended, the Group Weekly Indemnity Insurance Plan, and the Financial Ordinance, so as to effectuate the provisions set forth in the aforesaid agreement, the Council does hereby approve of and concur in the aforesaid action, subject to approval of the Agreement as to form by the Department of Law, and the Mayor and City Clerk are hereby directed to affix their signatures to the aforesaid Agreement for and on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #118-80 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated January 28, 1980, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor Pro Tem, the Council does hereby accept the alternate bid of AIS Construction Equipment Corporation, 56555 Pontiac Trail, New Hudson, Michigan 48165, for supplying the City (Public Service Division - Road Maintenance Section) with one (1) Heavy Duty Articulating Road Grader, including the all wheel drive option (John Deere Model 672A) for the net price of $73,200.00, based on a total price of $79,700.00 less trade-in of $6500.00, the same having been in fact the lowest bid received which meets all specifications with the exception noted in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, and unanimously adopted, this 924th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:25 P. M., January 30, 1980. ' ADDISON W +,CON, CITY CLEW