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HomeMy WebLinkAboutCOUNCIL MINUTES 1980-03-19 18468 lb. MINUTES OF THE NINE HUNDRED AND TWENTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 19, 1980, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:10 P. M. . Councilman Taylor delivered the invocation. Roll was called with the following result: Present: Robert D Bennett, Robert F Nash, Gerald Taylor, Alice Gundersen, Robert R. Bishop, Robert E. McCann and Peter A. Ventura. Elected and appointed officials present: Addison W. Bacon, City Clerk; Frances S. Stem, Deputy City Clerk; Harry C Tatigian, City Attorney; Robert Turner, Police Chief; Gary D Clark, Asst. City Engineer, Robert E. Osborn, Director of Public Works; John Nagy, City Planner; James L Miller, Personnel Director and Jack ift Dodge, Finance Director. By Councilman Nash, seconded by Councilman Taylor, and*unanimously adopted, it was #262-80 RESOLVED, that the minutes of the 927th Regular Meeting of the Council of the City of Livonia, held March 12, 1980, are hereby approved. *Councilman Ventura abstained from voting which is recorded as ayes" vote under the provisions of Section 2-119 of the Livonia Code of Ordinances. The communication from the Traffic Commission dated March 10, 1980, with respect to traffic problems at Lyndon/Compton Park Entrance (CR 45-80), was received and placed on file for the information of the Council. The communication from the Traffic Commission dated March 10, 1980, with respect to additional traffic controls in area of Stevenson High School (CR 40-80), top was received and placed on file for the information of the Council. The communication from the City Treasurer, dated February 20, 1980, requesting an informal hearing to discuss the Treasurer's Office in general, was 18469 Lreceived and placed on file for the information of the Council. Councilman Taylor took from the table, for second reading and adoption, 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 79-5-1-14 FOR CHANGE OF ZONING FROM C-2 TO RUF. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Gundersen, Bishop, Nash and Bennett. NAYS: McCann and Ventura. A protest having been filed in a timely manner, which was duly signed by owners of at least twenty (20) percent of the land included in the proposed zoning change, the proposed Zoning Amendment is determined to have failed and not passed imir inasmuch as 3/4 of the members of the City Council did not vote affirmatively to approve the same as required by Section 23.07 of the Zoning Ordinance and by State Law. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 1 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 79-8-1-26 FOR CHANGE OF ZONING FROM P TO R-l. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become lim• effective on publication. 18470 LCouncilman Nash took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 12 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 79-8-1-28 FOR CHANGE OF ZONING FROM RUF TO C-1. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Bishop, McCann, Ventura and Nash. NAYS: Gundersen and Bennett. A protest having been filed in a timely manner, which was duly signed by owners of at least twenty (20) percent of the land included in the proposed zoning change, the proposed Zoning Amendment is determined to have failed and not passed inasmuch as 3/4 of the members of the City Council did not vote affirmatively to Lapprove the same as required by Section 23.07 of the Zoning Ordinance and by State Law. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 9 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE: PETITION 79-10-1-35 FOR CHANGE OF ZONING FROM C-2 TO R-3. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. 184(1 Councilman Taylor took from the table, for second reading and adoption, 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 79-11-1-39 FOR CHANGE OF ZONING FROM C-2 TO RUF. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Nash took from the table, for second reading and adoption., the following Ordinance: Imo AN ORDINANCE AMENDING SECTION 19 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 79-11-1-40 FOR CHANGE OF ZONING FROM P.L. TO R-1 AND R-1 TO P.L. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, it was ##263-80 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated February 28, 1980, approved by the Finance Director and approved for submission by the Mayor, to which is attached Playground Supplies Bid Recommendations for 1980, for an estimated total price of $1934 49, the Council does hereby determine to accept the same from the bidders for the quantities, brand, prices and totals indicated, inasmuch as the bids therein constitute the lowest bids received and meet all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett NAYS: None. 18472 By Councilman Bishop, seconded by Councilman McCann, it was #264-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 20, 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 unit price bid of Chemi-Trol Chemical Company, 2776 CR 69, Gibsonburg, Ohio, for the 1980 Lane Line Marking Program (Contract No. 80-A) for the estimated total cost of $10,319.40, based upon the Engineering Division's estimate of units involved and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby appropriate a sum not to exceed $10,319.40 from Motor Vehicle Highway Fund Receipts (Major Road Account) for this purpose; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as required; and the Mayor and City Clerk are hereby au- thorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other 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, Ventura, Nash and Bennett. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #265-80 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated February 26, 1980, which bears the sig- nature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase from Sterling Heights Dodge, Incorporated, 40111 Van Dyke, Sterling Heights, Michigan 48078, of two (2) 1980 Dodge Pick Up trucks for a total price of $10,904.00, the same to be appropriated and expended from Account 101-325-985.000.000 (Capital Outlay - Vehicles); FURTHER, the Council does hereby determine to au- thorize the said purchase without competitive bidding inasmuch as the same is based upon the law State bid price, as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213 (d) (5) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett NAYS: None. Ibm By Councilman Bishop, seconded by Councilman Taylor, it was #266-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 7, 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 accept the 18473 unit price bid of Detroit Concrete Products Corporation, 44300 Grand River, Novi, Michigan 48050, for the 1980 Miscellaneous Paving Program, for the estimated total cost of $184,115 50, based upon the Engineering Division's estimate of units involved and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $181+,115.50 from the 7.9 Million Dollar General Obligation Road Improve- ment Bond Issue for this purpose, with the provision that said bond issue be reimbursed for that portion of the program which is to be financed by special assessments at such time as funds are available from a future special assessment bond issue; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as required; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder 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: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. *Councilman Ventura was excused at 8.30 P. M. By Councilman Nash, seconded by Councilwoman Gundersen, it was #267••80 RESOLVED, that having considered a communication from the Personnel Director, submitted in behalf of the Board of Trustees of the Livonia Employees Retirement System, dated February 19, 1980, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby appropriate the sum of $500.00 from the Unexpended Fund Balance Account to be transferred to Account 101-246-864.010.000 in order to provide sufficient funds for attendance at the Spring MA'ERB Conference to be held in Bellaire, Michigan, on May 18-20, 1980; FURTHER, the Council does hereby refer to the Finance and Insurance Committee for its report and recommendation the request for $1500.00 set forth in the aforesaid communication with respect to the Fall MAPERS conference to be held in Traverse City in October, 1980. 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 Ventura returned at 8:31 P M. By Councilman Nash, seconded by Councilman Taylor, it was #268-80 RESOLVED, that having considered a communication from Vern Foster, Yellow & Red Cabs, 31376 Industrial, Livonia, Michigan, 48150, received by the Office of the City Clerk on March 5, 1980, wherein a taxicab rate adjustment is requested, the Council does hereby request that the Depart- 18474 ment of Law prepare an amendment to Section 6-223 of the Livonia Code of Ordinances (Taxicab Ordinance) so as to establish taxicab fares as follows: $ 1.00 for the first 1/5 mile; 20 cents each additional 1/5 mile; $10.00 per hour waiting time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #269-80 RESOLVED, that having considered a communication from the Mayor, dated March 18, 1980, wherein it is recommended that Exhibit "A" of the Contract between the Southeastern Michigan Transportation Authority (SFMTA) and the City of Livonia be revised to reflect the new fare structure set forth in a communication dated February 26, 1980 from SEMTA, the original Contract having been authorized in Council Resolution 323-79 adopted on April 23, 1979, as subsequently amended by Council Resolution 1263-79 adopted on December 19, 1979, the Council does hereby determine to authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed letter agreement dated February 26, 1980 with respect to the said new Exhibit "A" in the manner and form herein referred to, as well as to do all other things necessary or incidental to the full performance of this resolution; and the Department of Law is hereby requested to prepare such documents as may be required 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, Ventura, Nash and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication from the Depart- ment of Law, dated February 29, 1980, approved for submission by the Mayor, wherein an offer to purchase for $14,000.00 is submitted with respect to Lots 243, 244, 322 and 323 of the Argonne Subdivision, the Council does hereby refer the same to the Streets, Roads and Plats Committee for consideration together with a similar item concerning City-owned property on Stamford previously referred to said Committee A roll call 'rote was taken onthe foregoing resolution with the following result. AYES: Bishop and Nash. NAYS: Taylor, Gundersen, McCann, Ventura and Bennett The President declared the motion DENIED. 18475 By Councilman McCann., seconded by Councilman Taylor, it was #270-80 RESOLVED, that having considered a communication from the Depart- ment of Law, dated February 28, 1980, approved for submission by the Mayor, to which is attached a copy of a letter dated February 29, 1980, from Mr. Joseph Finkel of Trend Home Builders, 13216 Filmore Street, Southfield, Michigan 48075, wherein an offer to purchase for $14,000.00 the following described properties has been submitted: Lots 243 and 244 of the Argonne Subdivision, as recorded in Liber 40, Page 5, Wayne County Records, said subdivision being part of the N.E. 1/4 of Section 1, T. 1 S. , R. 9 E , Livonia Township (now City of Livonia), Wayne County, .Michigan. and Lots 322 and 323 of the Argonne Subdivision, as recorded in Liber 40, Mage 5, Wayne County Records, said subdivision being part of the N.E. 1/4 of Section 1, T. 1 S. , R. 9 E. , Livonia Township (now City of Livonia), Wayne County, Michigan. The Council does hereby authorize the aforesaid sale and for this purpose requests and authorizes the Mayor and City Clerk to execute for and on lbw behalf of the City of Livonia an appropriate deed of conveyance and such other documents as may be necessary in order to fulfill the purpose of this resolution; and further, that the City shall not be required to provide any title work in connection with this transaction; and the Department of Law is hereby requested to prepare and place in proper legal form such doc- uments as may be necessary to consummate this transaction. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, McCann, Ventura, Nash and Bennett. NAYS: Bishop. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Nash, it was #271-80 RESOLVED, that having considered a communication from the Livonia Arts Commission, dated February 11, 1980, which bears the signature of the Director of Finance and is approved for submission by the Mayor Pro Tem, the Council does hereby authorize the purchase from Unistrut Detroit Service Company, 4045 Second Street, Wayne, Michigan, 48184, of the following Colorline II partitions: im. 4 each 6'0" long x 6'6" high nutmeg/oyster $ 1723.20 2 each 8'0" long x 6'6" high nutmeg oyster 1021 2.8 for a total price of $2744.48 (no tax, F O.B. Livonia); 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 18+76 in Section 2-213 (d), (4) L (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, Bishop, McCann and Nash. NAYS: Ventura and Bennett. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman McCann, it was #272-80 RESOLVED, that having considered the report and recommendation of the Livonia Historical Commission, dated February 21, 1980, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase of a Weil Mc Clain PCG CGM5, 175,000 BTU Input Boiler, gas fired furnace from D & G Heating Cooling, 191+0 Farmington Road, Livonia, Michigan 48152, for the sum of $2360.00, which sum includes tying into existing system, use of existing piping, new controls, all labor and materials and removal of old unit and scrap, the same to be expended from previously designated and encumbered monies in the Historical Restoration Account No. 101-737-976. 120, with the balance to come from the current 1980 Restoration Account No. 101-737-976.120.000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213 (d), (4) & (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, Bishop, McCann, Nash and Bennett. NAYS: *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement: M;,r 'nay' vote is not cast against heat, but rather, I would like to explore the idea of a forced air furnace. By Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #273-80 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated March 3, 1980, approved by thug the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the preparation of specifications and thereafter the taking of competitive bids for the refinishing of the swimming pools located at Botsford Park and Clements Circle Park, in accordance with the provisions set forth in the Financial Ordinance, the same thereafter to be submitted to the Council for its consideration. 18477 By Councilman Bishop, seconded by Councilman Taylor, it was #274-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 5, 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 a contract previously awarded in the amount of $41,449.00 to United Carpet, Inc. for Phase III, Part 22 (Carpeting and Resilient Tile) Construction of the New Civic Center Municipal Building, pursuant to Council Resolution 223-78 adopted on March 15, 1978, and seven (7) change orders processed in connection therewith which resulted in a total value of work completed to date in the amount of $56,296.32, the Council does hereby appropriate and authorize the additional expenditure of the sum of $14,847.32 from Federal Economic Development Administration Funds for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #275-80 RESOLVED, that having considered a communication from State Theatre, Inc. , 35166 Michigan Avenue, ?ost Office Box 220, Wayne, Michigan, dated March 6, 1980, wherein a proposal is submitted to provide cable television service to Livonia, the Council does hereby determine to refer the same to the Committee of the ['hole for further consideration along with other similar proposals previously received. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #276-80 RESOLVED, that the Council having adopted resolution #511-79 at its regular meeting held on May 23, 1979, requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed street improvement of Barkley Avenue, Bonnydale Drive, Nye Road and Nye Court (Portions of Bonnydale Subdivision No. 2 and Lyndon Manor Subdivision), in the N W. 1/4 of Section 23, T. 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should he 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 March 6, 1980, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does 18478 hereby set idonday, April 21, 1980, at 8:00 P .'I as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the Civic Center Municipal Building, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such bearing as is required by Section 2-507 of said Code. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #277-80 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934; MCLA 125.584), 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, April 21, 1980, at 8:00 P.M at the Civic Center Municipal Building, 33000 Civic Center Drive, Livonia, Michigan 48154, with respect to the following items: (1) Petition 80-1-1-1, submitted by the City Planning Commis- sion, pursuant to Council Resolution 1214-79, for a change of zoning of property located south of Seven Mile Road, east of Melvin, in the Northeast 1/4 of Section 11, from R-5 to P, the City Planning Commission having in its resolution 2-43-80 recommended to the City Council that Petition 80-1-1-1 be approved; (2) Petition 80-1-1-4, submitted by H. John Allie, for a change of zoning of property located on the southwest corner of Middlebelt Road and Norfolk Avenue in the Northeast 1/4 of Section 2, from RUFA to C-1, the City Planning Commission having in its resolution 2-45-80 recommended to the City Council that Petition 80-1-1-4 be approved; (3) Petition 80-1-6-3, submitted by the City Planning Commis- sion, to amend Section 30.04, Waiver Uses in C-3 Districts, of Zoning Ordinance 543, by adding paragraph (b) to establish controls for recreation and amusement centers using coin-operated amusement devices, the City Planning Commission having in its resolution 2-48-80 recommended to the City Council that Petition 80-1-6-3 be approved; (4) Petition 80-1-6-4, submitted by the City Planning Commis- sion, to amend Section 18.38, Off-street Parking; Schedule, of Zoning Ordinance 543, by adding paragraph (28) to establish off-street parking requirements for recreation and amusement centers using coin-operated amusement devices, the City Planning Commission having in its resolution 2-49-80 having recommended to the City Council that Petition 80-1-6-4 be approved; 18479 FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia, as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad 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 Taylor, seconded by Councilman McCann, it was #278-80 RESOLVED, that having considered a communication from the City Planning Commission, dated January 18, 1980, which sets forth its resolu- tion 1-12-80 adopted on January 15, 1980, 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 located on the south side of Plymouth Road between Stark and Wayne Roads in the Northwest 1/4 of Section 33, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on February 25, 1980, pursuant to Council Resolution 103-80, the Council does hereby determine to concur in the recommendation of the City Planning Commission and the said Petition 79-12-2-33 is hereby denied for the same reasons as those set forth in the aforesaid action of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, McCann and Bennett. NAYS: *Bishop, Ventura and Nash The President declared the resolution adopted. *Councilman Bishop made the following statement: My 'nay' vote is cast against the denial of this petition based on the fact that the petitioner indicated that he would improve the building. By Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #279-80 RESOLVED, that having considered the report and recommendation of the Streets, Roads C, Plats Committee, dated March 11, 1980, submitted pursuant to Council Resolution 1252-79, in connection with a communication from the Department of Law, dated June 22, 1979, which transmits a proposed 18480 amendment to the Vacating Ordinance with respect to Petition 78-8-3-8 for the vacating of a public alley between Deering and Floral Avenues in Section 12, the Council does hereby determine to take no further action with respect to this item. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #280-80 RESOLVED, that having considered the report and recommendation of the Streets, Roads & Plats Committee, dated March 11, 1980, submitted pursuant to Council Resolution 779-77', in connection with the general question of the matter of cost apportionment in special assessment districts which have been established in order to finance street improve- ment projects on half-mile roads, the Council does hereby determine to take no further action with respect to this item. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #281-80 RESOLVED, that having considered the report and recommendation of the Streets, Roads w Plats Committee, dated March 11, 1980, submitted pursuant to Council Resolution 287-79, in connection with the question of signs situated at entrances of the City, the Council does hereby determine that City signs currently situated at entrances to the City be removed no later than June, 1981, and that they thereafter be replaced by entrance signs which display the City seal. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #282-80 RESOLVED, that having considered the report and recommendation of the Streets, Roads %. Plats Committee, dated March 11, 1980, submitted pursuant to Council Resolution 501-79, in connection with the question of the cost of the installation of street lighting, the Council does hereby determine to take no further action with respect to this item. By Councilman Nash, seconded by Councilman Ventura, it was #283-80 RESOLVED, that having considered a communication dated March 12, 1980 from the Department of Law transmitting for Council acceptance a Grant of Easement dated October 24, 1979, executed by Julius J Zayti and Ingeborg C. Zayti, his wife, conveying: That part of the N.E. 1/4 of Section 8, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the West line of Van (private) road, 60 feet wide, distant S 89° 44' 10" W , 720.0 feet and S 00 17' 20" E. 1748.00 feet from the N E corner of said Section 8; proceeding thence S. 00 17' 20" E. , along said West line 140.0 feet; thence N. 89° 44' 10" E , 18481 30.0 feet; thence N. 0° 17' 20" W. , 140.0 feet; thence S. 89° 44' 10" W. , 30 0 feet to the point of beginning. 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 the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman McCann, seconded by Councilwoman Gundersen, it was #284-80 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda By Councilman Taylor, seconded by Councilman Ventura, it was #285-80 RESOLVED, that the Council does hereby amend and revise Council ism Resolution 250-80, adopted on March 12, 1980, to read as follows: 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; and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local government unit in which the proposed facility is to be located, i.e. , the City of Livonia, and advised each of them that the said Application has been received; and WHEREAS, the City Council has afforded Awrey Bakeries, Inc. , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 8.00 P.M Monday, February 25, 1980, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS: 1. That the City Council, on the basis of the information received from the applicant, Awrey Bakeries, Inc , finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the iww local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No. 198, P.A. 1974, as amended. 18482 2. That the City Council hereby approves the Application for Industrial Imp Facilities Exemption Certificate from Avrrey Bakeries, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No. 5, for twelve (12) years. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was #286-80 RESOLVED, that having considered a communication from the Personnel Director, dated March 19, 1980, approved by the Finance Director and approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on March 17, 1980 wherein the Commission recommends that the Council concur in a proposed three year contract to be entered into by and between the City of Livonia and the Livonia Police Lieutenants and Sergeants Association for the period December 1, 1979 through November 30, 1982, and that the necessary amend- ments to the Retirement Plan Ordinance, the Compensation Plan and changes in certain benefits as required to effectuate this agreement be approved, the Council does hereby determine to approve of and concur in the afore- said action; and the Mayor and City Clerk are hereby authorized to affix their signatures to the aforesaid contract 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: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #287-80 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated March 11, 1980, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase from Motorola Corporation, of seven (7) Portable Radios for a total price of $6847 26 ($950.00 per unit, plus 23 service fee to the State of Michigan); FURTHER, the Council does hereby authorize the preparation of specifications and thereafter the taking of competitive bids for the purchase of three (3) mobile radios not available under the State bid in order to equip patrol vehicles in the manner referred to in the aforesaid communication, in accordance with provisions of law and City ordinance; and the Council does hereby authorize the transfer of the sum of $12,000 00 from Account No 101-325-702 (Patrol Bureau Salary) to Account No. 101-304-987 - Administration (Capital Outlay - Other Equipment) for this purpose; and, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State bid price, as well as for the additional 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. 18+83 imme A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: None. By Councilman Nash, seconded by Councilwoman Gundersen, and unanimously adopted, this 928th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:13 P. M. , March 19, 1980. 9 ADDISON W. BAc0,,1 CITY CLERK 1