Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1980-03-12 18+36 MINUTES OF THE NINE HUNDRED AND TWENTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 12, 1980, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:05 P. M. . Councilman Nash delivered the invocation. Roll was called with the following result: Present: Robert D. Bennett, Robert F. Nash, Gerald Taylor, Alice Gundersen, Robert R. Bishop and Robert E. McCann. Absent: Peter A. Ventura. Elected and appointed officials present: Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk; Frances S. Stem, Deputy City Clerk; Harry C Tatigian, City Attorney; Jack Dodge, Finance Director; Robert Turner, Police Chief; G. E. Siewert, City Engineer; John Nagy, City Planner; Russell Gronevelt, Superintendent of Public Service; Janes P. Andres, CETA Program Administrator; Daniel Gilmartin, Industrial Coordinator and James M. Inglis, Director Housing Commission. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #211-80 RESOLVED, that the minutes of the 926th Regular Meeting of the Council of the City of Livonia, held February 27, 1980, are hereby approved. By Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #212-80 RESOLVED, that the minutes of the 179th Special Meeting of the Council of the City of Livonia, held March 10, 1980, are hereby approved. The communication from the City Engineer dated February 13, 1980 with respect to a traffic signal at the intersection of West Chicago and Deering Avenue, was received and placed on file for the information of the Council. (CR-188-79) The communication from the City Engineer dated February 13, 1980 with respect to a traffic signal at the intersection of Six Mile and Hubbard, was received and placed on file for the information of the Council (CR-205-78) 18437 The communication from the Finance Director dated February 19, 1980 transmitting various financial statements for the month ending January 31, 1980, was received and placed on file for the information of the Council. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #213-80 RESOLVED, that having considered a communication from Mr. Dennis R. Neiman of the firm of Miller, Canfield, Paddock and Stone, the City's Bonding Counsel, dated March 11, 1980, wherein it is recommended that construction of public improvements which are to be financed pursuant to Special Assessment procedures be deferred until such time as bond proceeds are received by the City, the Council does hereby refer the same to the Committee of the Whole for consideration. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 31 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 79-7-1-21 FOR CHANGE OF ZONING FROM R-1 TO P. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Nash, Taylor, Gundersen, Bishop, McCann 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. AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 79-9-1-33 FOR CHANGE OF ZONING FROM RUF TO R-7. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Gundersen, McCann and Bennett. NAYS: Bishop. 18438 impThe President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 8-305 OF TITLE 8, CHAPTER 3 (NARCOTIC AND DANGEROUS SUBSTANCES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman McCann, seconded by Councilman Bishop, it was #214-80 RESOLVED, that having considered a communication from the Director of Finance, dated February 15, 1980, approved for submission by the Mayor, the Cocncil does hereby determine to authorize the purchase of gasoline from Texaco, Inc. , effective February 1, 1980 at the following unit prices: Regular Less than 4,000 Gals. - From .949/Gal. to .969/Gal. More than 4,000 Gals. - From .895/Gal. to .915/Gal Lead Free Less than 4,000 Gals. - From .9945/Gal to 1.0145/Gal. More than 4,000 Gals. - From .9375/Gal. to .9575/Gal. said prices being made in accordance with Federal Government Regulations; further, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 2-213 (d) (5) of the Livonia Code of Ordinances; and all prior resolutions in conflict herewith are hereby repealed, amended, or revised to the extent necessary to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: t mp AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. 18439 By Councilman Bishop, seconded by Councilman McCann, it was #215-80 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated February 15, 1980, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications, in order to supply the City (Public Service Division - Golf Course and Park Sections) with fertilizers, at the following unit price bids: a) W F. Miller Com,.peny, 1593 S• Woodward, Birmingham, Michigan 48011 Material to be Furnished Unit Prices Bid 26-0-13 Golf Course Fertilizer $ 460.00 per ton Golf Course Sulphur 283.00 per ton b) Lawn Equipment Corporations 520 W. Eleven Mile, P.O. Box A, Royal Oak, Michigan 48067 Material to be Furnished Unit Prices Bid 21-0-21 Golf Course Fertilizer $ 338.80 per ton 21-0-21 Parks Fertilizer 338.80 per ton c) Lakeshore Equipment & Suppy Co , 300 S. Abbe Road, Elyria, Ohio 44035 Material to be Furnished Unit Prices Bid 130-44 Golf Course Fertilizer $ 304.00 per ton 20-5-10 Golf Course Fertilizer 296.00 per ton 32-0-0 Golf Course Fertilizer 370.00 per ton 13-0-44 Parks Fertilizer 304.00 per ton A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None By Councilman Taylor, seconded by Councilman Bishop, it was #216-80 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated February 13, 1980, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Shock Brothers, Inc. , 20980 Mapleridge, Southfield, Michigan 48075, for the 1980 Tree and Stump Removal Program, for the estimated total cost of $10,990.00, based upon Public Service Division's estimate of units of work involved, and subject to a final payment based upon the actual units of work 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 $10,990.00 from the Local Motor Vehicle Highway Fund (Local Roads) for this purpose; and the Director of Public Works is hereby authorized to 1844o Lbw 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: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #217-80 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated February 21, 1980, which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem, the Council does hereby accept the bid of Creative Foam Corporation, 511 Beach Street, Fenton, Michigan, for supplying the City (Police Division) with Section IV - Gym Matting for the price of $1,845.90, the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #218-80 RESOLVED, that having considered the report and recommendation of the Acting Fire Chief, dated February 20, 1980, approved by the Director of Finance and approved for submission by the Mayor Pro Tem, the Council does hereby accept the unit price bid of Allie Bros. , 20331 Middlebelt Road, Livonia, Michigan 48152, for supplying the City (Fire Division) with fire personnel uniforms, for the estimated total cost of $6,327.00, based upon the Fire Division's estimate of units involved, subject to a final payment based upon the actual units purchased in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #219-80 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated February 21, 1980, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor Pro Tem, the Council does hereby accept the unit price bid of Harold Thomas Nursery, 14925 Middlebelt Road, Livonia, Michigan 48154, for supplying the City (Public Service Division - Park Maintenance Section) with Austrian and Scotch Pines for the estimated total cost of $5,020.00, based upon the 18441 Public Service Division's estimate of units involved, and subject to final payment based upon the actual units purchased in accordance with the unit prices accepted herein, said estimated cost and unit prices having been kite in fact the lowest bid received and meets specifications A roll call vote was taken on the foregoing resolution with the following result- AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was #220-80 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated February 19, 1980, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor Pro Tem, the Council does hereby accept the unit price bid of American Highway Sign Co , Inc., 50 Industrial Drive, P. 0. Box 188, East Longmeadow, Massachusetts 01028, for supplying the City (Public Service Division - Sign Maintenance Section) with Aluminum Sign Blanks for the estimated total cost of $8,381.40, based upon the Public Service Division's estimate of units involved, and subject to a final payment based upon the actual units purchased in accordance with the unit prices accepted herein, said es- timated cost and unit prices having been in fact the lowest bid received and meets specifications. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #221-80 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated February 25, 1980, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor Pro Tem, the Council does hereby accept the bid of Town & Country Dodge, Inc , 31015 Grand River, Farmington Hills, Michigan 48024, for supplying the City (Public Service Division - Equipment Maintenance Section) with four (4) 3/4 ton pickup trucks for a net price of $22,418.32 ($23,418.32 less three (3) trade-ins of $1,000 00), the same having been in fact the lowest bid received and meets all specifications, except as noted in the attachment. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, it was 18442 #222-80 RESOLVED, that having considered the report and recommendation of the Department of Law, dated February 15, 1980, which bears the sig- nature of the Finance Director and is approved for submission by the Mayor, with regard to the preparation of real estate appraisals by Charles W Allen, Jr. and Lawrence R. Anderson in the matter of the Petition of the City of Livonia, a Michigan Municipal Corporation, for the condemnation of private property in order to alter and widen Six Mile Road between Newburgh Road and Fitzgerald Avenue, City of Livonia, Wayne County, Michigan, Civil Action No. 76 618 823 CC, the Council does hereby deter- mine to appropriate and authorize the expenditure of the sum of $1200 00 from the 7.9 Million Dollar General Obligation Street and Road Bond Issue 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: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, it was #223-80 RESOLVED, that having considered a communication from the Depart- ment of Law, dated February 15, 1980, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to a proposed settlement in the case of Passmore and Victory vs Officers Zellman, et al, Wayne County Circuit Court No 79-911S96-NO, the Council does hereby appropriate and authorize the expenditure of the sum of $2,000.00 from the Unexpended Fund Balance Account in order to implement full and complete settlement with respect to this case; and the Department of Law, 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. Nash, Taylor, Gundersen, McCann and Bennett. NAYS: Bishop. The President declared the resolution adopted By Councilman McCann, seconded by Councilman Bishop, it was #224-80 RESOLVED, that having considered a communication from the Mayor, dated February 13, 1980, which bears the signature of the Finance Director, with respect to litigation commenced by the Suburban. Association of Detroit Water Customers, captioned Cities of Plymouth, et al vs City of Detroit, et al, Oakland County Circuit Court No. 76-140339, the Council does hereby determine to appropriate the additional sum of $2,500.00 from the Unexpended Fund Balance of the Water Fund in order for the City of Livonia to provide an additional contribution for legal services rendered in the Citys behalf by the law firm of Burgoyne, Kaufman, Roche and Ward, in connection with the aforesaid litigation, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. 184+x+3 A roll call vote was taken on the foregoing resolution with the following result. LAYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #225-80 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated December 7, 1979, and the report and recommenda- tion of the Chief of Police dated February 15, 1980 in connection therewith, the Council does hereby recommend the approval of the request from the Southland Corporation to drop Arthur P. and Eleanor L Hess as Co-Licensees and to add Michael C. Kirby as Co-Licensee with the Southland Corporation on 1979-1980 SDM licensed business located at 15550 Middlebelt Road, City of Livonia, County of Wayne, State of Michigan; and the City Clerk is hereb: 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: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. L By Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #226-80 RESOLVED, that having considered a communication from the Police Chief, dated February 19, 1980, which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem, to which is attached a letter dated February 8, 1980 from Livonia Towing & Auto Impound, requesting a rate adjustment for vehicle towing and storage charges the Council does hereby refer this item to the Finance and Insurance commit- tee for its report and recommendation By Councilman Bishop, seconded by Councilman Nash, it was #227-80 RESOLVED, that having considered a communication from the City Planning Commissions dated January 28, 1980, which transmits its resolution 1-11-80, adopted on January 15, 1980, with regard to Petition 79-11-3-13 submitted by Herb and Helen Willard requesting the vacating of a public alley located at the southwest corner of Seven Mile and Farmington Roads in the Northeast 1/4+ of Section 9, the Council does hereby reject the recommend( tion of the City Planning Commission and does hereby grant and approve said Petition 79-11-3-13, subject to the retention of a full-width easement for public utilities, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A :oil call vote was taken on the foregoing resolution with the following result: I, AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. 18444 By Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #228-80 RESOLVED, that having considered a communication from the City Planning Commission, dated February 15, 1980, which transmits its resolution 1-37-80, adopted on January 29, 1980, with regard to Petition 80-1-8-5 submitted by Michigan National Bank-West Metro requesting site plan approval in connection with the proposal to renovate the interior and exterior of an existing building located on the north side of Six Mile Road between Newburgh and Fitzgerald in Section 8, pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby determine to refer this matter to the next Study Meeting to be held on March 24, 1980. By Councilman Bishop, seconded by Councilwoman Gundersen, it was #229-80 RESOLVED, that having considered a communication from the City Planning Commission, dated February 15, 1980, which transmits its resolution 1-38-80, adopted on January 29, 1980, with regard to Petition 80-1-8-6 submitted by American Community Mutual Insurance Company requesting site plan approval in connection with a proposal to construct an office building on the south side of Seven Mile Road between Haggerty and the I-275 Freeway in Section 7, pursuant to the provisions set forth in Section 11.03 of Ordinance No. 543, as amended, the Council does hereby determine to concur in the recommendation of the Planning Commission and Petition 80-1-8-6 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission with the exception, however, that conditions (3) and (4) shall be revised and amended to read as follows. (3) that a detailed landscape plan shall be submitted for review by the Planning Commission and approved by the City Council within forty-five (45) days; (4) that a plan for any signs proposed to be installed on the site shall be reviewed by Planning Department and approved by the City Council prior to installation. A roll call vote was taken on the foregoing resolution with the following result. AYES: Gundersen, Bishop, McCann and Bennett. NAYS: Nash and Taylor. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Bishop, it was #230-80 RESOLVED, that having considered a communication from the City Planning Department, dated February 22, 1980, which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem, and which is submitted pursuant to Council Resolution 138-80, in connection with the proposed preliminary plat of the Elliott Industrial Park Sub- division, and to which is attached a letter from Carl Rosman & Co., dated February 12, 1980, the Council does hereby authorize the Mayor and City Clerk to execute an appropriate deed conveying the following legally 18445 described property to General Properties Company, 3000 Town Center, St. 714 Southfield, Michigan 48075: A parcel of land in the N.E 1/4 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as follows: Commencing at the E. 1/4 corner of Section 27, T. 1 S., R. 9 E. , and proceeding thence along the E. line of said Section 27, N. 0° 02' 20" W 48.53' ; thence along the N. right of way line of the Chesapeake and Ohio Railroad right of way, N. 89° 22' 35" W., 1,802.36' to the point of beginning of the parcel herein described; thence continuing along the N. line of said Railroad right of way, N. 89° 22' 35" W., 50.39' ; thence N. 0° 02' 20" W. , 494.93' ; thence S. 89° 22' 35" E., 50.39' ; thence S. 0° 02' 20" E., 494.93' to the point of beginning, containing 0.5725 acres. and in consideration of the foregoing conveyance, General Properties Company shall convey to the City of Livonia the following legally described property A parcel of land in the N. E 1/4 of Section 27, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as follows: Commencing at the E. 1/4 corner of Section 27, T. 1 S. , R. 9 E and proceeding thence along the E. line of said Section 27, N. 0° 02' 20" W., 48.53' ; thence N. 89° 22' 35" W., 60.00' to the point of beginning of the parcel herein described, said point being the intersection of the W. line of Merriman Road (120 00' wide) with the N. line of the Chesapeake and Ohio Railroad right of way; thence along the N. line of the Chesapeake and Ohio Railroad right of way, N. 89° 22' 35" W., 80.00' ; thence N. 5° 00' 31" E. , 401.08' ; thence S. 89° 22' 35" E. , 44.71' to a point on the W. line of Merriman Road (120.00' wide); thence along said line, S. 0° 02' 20" E. , 399.93' to the point of beginning, containing 0.5725 acres. and the sum of $2,000.00 is hereby authorized to be transferred from the $7.9 Million Dollar General Obligation Street Bond Issue to the Municipal Refuse Fund; and the Department of Law is hereby requested to prepare such legal documents as may be necessary in order to implement the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. *Councilman Bishop was excused at 8.47 P. M By Councilman Taylor, seconded by Councilman McCann, it was 18446 #231-80 RESOLVED, that having considered a communication from the City Planning Department, dated February 19, 1980, and submitted pursuant to Council Resolution 1196-79, in connection with a communication from Mrs. Ellen Pietruszka offering for sale to the City of Livonia 1.5 acres of vacant wooded land located near the intersection of Hix Road and Northfield Street in the Southwest 1/4 of Section 31, and wherein the Planning Depart- ment has indicated that there appears to be no public purpose for the City to acquire the subject property, the Council does hereby determine to take no further action at this time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Gundersen, McCann and Bennett. NAYS: None. *Councilman Bishop returned at 8:48 P. M. By Councilman McCann, seconded by Councilman Taylor, it was #232-80 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, 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 en- terprises to provide needed services and facilities to the City and its residents; and (Ajluni Project) WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation"); and WHEREAS, the Corporation in conformity with Act 338 of the Public Acts of 1974, as amended ("Act 338"), has designated the hereinafter described project area for such a program to this Council for its approval thereof; and WHEREAS, it is also necessary for this Council to establish project district area boundaries; and WHEREAS, the City Planning Commission has approved said designations; NOW, THEREFORE, BE IT RESOLVED THAT: 1. This Council does hereby certify its approval of the Corporation's designation of the project area described in Exhibit A hereto attached. 2. This Council does hereby establish that the project district area shall be coterminous with the project area, and shall also consist of the property described in Exhibit A hereto attached. 3. This Council does hereby certify its approval of the individuals listed on Exhibit B as additional Directors of the Corporation to serve in conformity with the provisions of Section 4(2) of Act 338. 18447 4. It is hereby determined that the requirements of Section 20 of Act 338 have been met and that the formation of a citizens project district council is not required. 5. The City Clerk be and is hereby directed to deliver a certified copy of this resolution to the Secretary of the Board of the Corporation. 6. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop and McCann. NAYS: Nash and Bennett. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Nash, it was #233-80 WHEREAS, there exists in the City of Livonia (the "Municipality"), the need for certain programs to alleviate and prevent conditions of unemployment, to assist and retain local industries and commercial enter- prises in order to strengthen and revitalize the Municipality's economy and to encourage the location and expansion of industries and commercial enterprises to provide needed services and facilities to the Municipality and its residents; and (Carrollton Arms Project) WHEREAS, as one of its programs to alleviate the aforesaid conditions and accomplish said purposes, The Economic Development Corporatic of the City of Livonia (the "Corporation") in conformity with Act 338, Michigan Public Acts, 1974, as amended ("Act 338"), has initiated proceed- ings with respect to the potential issuance of its limited obligation economic development revenue bonds to assist in the financing of the Project captioned in the title of this resolution and in this regard, has designated the "Project Area" (as defined in Section 8(1) of Act 338) described in Exhibit A hereto (the "Project Area"), and has recommended to this governing body of the Municipality for establishment by it of the "Project District Area" (referred to in Section 12(1) of Act 338) described in Exhibit B hereto (the "Project District Area"); and WHEREAS, under Act 338 it is necessary that this governing body of the Municipality approve the Project Area and establish the boundaries of the Project District Area; and WHEREAS, it is also necessary that this governing body of the Municipality advise and consent to the appointment by the chief executive of the Municipality of two additional directors of the Corporation who shall serve with respect to the proposed Project; and WHEREAS, the Project Area designated by the Corporation and the Project District Area recommended by the Local Public Agency have been reviewed and approved by the Local Public Agency as defined under Act 338 (i.e., "the official body of a municipality authorized to plan and implement 18448 the development and redevelopment of the municipality"); and. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Project Area designated by the Corporation and described in Exhibit A is approved. 2. The Project District Area, i.e., the territory surrounding the Project which will be significantly affected by the Project, shall be as recommended by the Local Public Agency and as described in Exhibit B. 3. There being less than 18 residents, real property owners, or representatives of establishments located in the Project District Area, it is hereby determined that the requirements of Section 20 of Act 338 have been met and that the formation of a citizens project district council is not required. 4. The chief executive officer of the Municipality, with the advice and consent of the governing body of the Municipality, does hereby appoint James Campbell and Donald E. Hesse as directors of the Corporation, to serve in respect to the Project, as representatives of neighborhood residents and business interests likely to be affected by the Project. 5. The clerk of the Municipality shall deliver a certified copy of this resolution to the Secretary of the Board of the Corporation. 6. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilwoman Gundersen, and unanimously adopted, it was #234-80 RESOLVED, that the Council does hereby determine to rescind and repeal Council Resolution 78-80, adopted on January 30, 1980. By Councilman Bishop, seconded by Councilman Nash, it was #235-80 RESOLVED, that having considered a communication from Pasko Ivezaj, 29201 Sunnydale, Livonia, Michigan 48154, dated February 20, 1980, in connection with the communication from the City Assessor, dated December 19, 1979, approved for submission by the Mayor, with regard to a request from Mr. Ivezaj, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby find that the proposed division and combination of Tax Item No. 46 051 01 0232 000 (13b232) would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing and combining of. the 18449 same into two (2) parcels, the legal descriptions of which shall read as follows: PARCEL A The East 70.00 feet of IAT 232 SUPERVISOR'S LIVONIA PLAT NO. 3 of part of N. 1/2 of S.W. 1/4 of Sec. 13, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, Liber 66, Page 16. Subject to easements of record. PARCEL B The West 70.00 feet of LOT 232 SUPERVISOR'S LIVONIA PLAT NO. 3 of part of N. 1/2 of S.W. 1/4 of Sec. 13, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, Liber 66, Page 16. Subject to easements of record. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilwoman Gundersen, seconded by Councilman Taylor, it was #236-80 RESOLVED, that having considered a communication from the CETA Program Administrator, dated February 14, 1980, approved by the Finance Director and approved for submission by the Mayor Pro Tem, to which is attached Livonia's Pre-Application for Federal Assistance under CETA for Fiscal Year 1981, the Council does hereby authorize the said pre-applica- tion in the manner and form indicated in the aforesaid communication; and the Mayor and City Clerk are hereby requested to execute the same for and on behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #237-80 RESOLVED, that having considered a communication from the City Engineer and the City Planner, dated January 24, 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, and which is submitted pursuant to Council Resolution 1185-79, with regard to a drainage problem lbw which exists on the driveway running along the north side of the Old City Hall Building, the Council does hereby determine that the said driveway should be removed with the exception of the westerly forty feet (40' ), which shall be maintained in order to provide a loading/unloading zone (No Parking to be permitted) for use by the Bureau of Inspection and the Engineering Field Section; and the Department of Public Works is hereby requested to do all things necessary in order to implement the purpose of 18450 this resolution, and in this regard the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $1,500.00 from Federal Economic Development Administration Funds in order to purchase Topsoil, Sod and Landscape materials in connection with work to be performed by the Public Service Division; and the Engineering Division is hereby requested to arrange for sidewalks and concrete curbs to be installed for this project in conjunction with the 1980 Miscellaneous Sidewalk and Drive Approach Program. A roll call vote was taken on the foregoing resolution with the following result: AYES• Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #238-80 RESOLVED, that having considered the report and recommendation of the Park Maintenance Supervisor and the Superintendent of Public Service, dated February 21, 1980, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor Pro Tem, with regard to the purchase of landscape materials for the Plaza Area and Areas around the Old City Hall Building, the Council does hereby appropriate and authorize the expenditure of the sum of $2,800.00 from the Unexpended Fund Balance Account for the purchase of the following items to be placed in the Plaza Area• loo a. Four (4) 48" diam. x 36" high planters b. Two (2) 72" diam. x 33" high bench planters c. Two (2) 2" Little Leaf Lindens d. Two (2) 1 1/2" Sargent Crab Apple Trees e. Two (2) 30" Alberta Spruce f. Six (6) 15" Blue Rug Spreaders and FURTHER, the Council does hereby appropriate and authorize the expend- iture of a sum not to exceed $2,300.00 from the Unexpended Fund Balance Account for the purchase of the following items to landscape the areas around the Old City Hall Building: a. Twelve (12) 3' Hicks Yews b. Four (4) 5' Amur Maples c Three (3) 2" Columar Maples d. Five (5) 4' Japanese Maples e. Six (6) 5' Arborvites f. Seventy (70) 24" Mugho Pines and the Council does hereby request and authorize the Public Service Division to do all things necessary in order to install the aforesaid landscape materials; FURTHER, that the purchases authorized herein shall be made in full compliance with the provisions of the Financial Ordinance. Low A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. 18451 *Councilman McCann was excused at 9:06 P. M. By Councilman Bishop, seconded by Councilwoman Gundersen, it was #239-80 RESOLVED, that having considered a communication from the Director of Community Resources, dated February 13, 1980, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of food and related supplies from the Livonia Public Schools for the Nutrition Program for senior citizens at their unit costs, plus 5% for administration of the Program; FURTHER, the Council does hereby determine to authorize the said purchases 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. A roll call vote was taken on the foregoing resolution with the following result: AYES. Nash, Taylor, Gundersen, Bishop and Bennett. NAYS: None. *Councilman McCann returned at 9.07 P. M. By Councilman Taylor, seconded by Councilman Bishop, and unanimously f adopted, it was #240-80 RESOLVED, that having considered a communication from the Director of the Livonia Housing Commission, dated February 15, 1980, approved for submission by the Mayor, with regard to a proposal to purchase gutters and downspouts on all eighteen (18) buildings, the Council does hereby authorize the Housing Commission to prepare specifications and thereafter advertise and take competitive bids for submission to Council in accordance with provisions of law and city ordinance. By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #241-80 RESOLVED, that the Council having adopted resolution 82-80 at its regular meeting held on January 30, 1980, requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed street improvement of Richland Avenue, east of Stark Road in the Northeast 1/4 of Section 33, 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 trip the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommenda- tions have been properly filed by the City Engineer with the City Clerk 18452 under date of January 31, 1980, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, April 21, 1980, at 8:00 P.M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the Civic Center Municipal Building, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #242-80 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 Gillman Avenue, between Seven Mile and Curtis in the Northeast 1/4 of Section 12, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of install- ments 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 February 1, 1980, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, April 21, 1980, at 8:00 P.M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the Civic Center Municipal Building, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Bishop, seconded by Councilman. Nash, and unanimously adopted, it was #243-80 RESOLVED, that having considered a communication from the Department of Law, dated February 25, 1980, approved for submission by the Mayor, to which is attached a copy of a letter dated February 19, 1980 from Mr. and Mrs. Kenneth M. Hunt, 19055 Myron, Livonia, Michigan, wherein an offer to purchase for $3,000.00 Lot 478 of the Seven Mile Superhighway Subdivision is submitted, and the City Attorney having indicated that, based on new information submitted to his office by the Public Utility Manager that this offer not being considered at this time, the Council does hereby refer the same to the Streets, Roads and Plats Committee for their report and recommendation, with the added request that said Committee 18453 recommend the establishment of a City policy concerning the disposal and sale of City-owned property. By Councilman McCann, seconded by Councilman Nash, it was RESOLVED, that having considered a communication from the City Planning Commission, dated December 20, 1979, which transmits its resolu- tion 12-249-79 with regard to Petition 79-8-2-20, submitted by William and Valerie Stefani requesting waiver use approval to use the ground floor of an existing building located on the south side of Seven Mile Road between Wayne Road and Laurel in the Northwest 1/4 of Section 9 for an accounting office, which property is zoned RUF-B, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 79-8-2-20 is hereby approved and granted, with the condition that this approval is specifically limited for an accounting office use and that the subject use will be confined to the ground floor of the subject building and shall not exceed 1,420 square feet. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor and McCann NAYS: Bishop, Gundersen and Bennett. The President declared the motion DENIED. By Councilwoman Gundersen, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication dated December 20, 1979 from the City Planning Commission, which transmits its resolution 12-249-79, adopted on December 18, 1979, with regard to Petition 79-8-2-20 submitted by William and Valerie Stefani requesting waiver use approval to use the ground floor of an existing building located on the south side of Seven Mile Road between Wayne Road and Laurel in the Northwest 1/4 of Section 9 for an accounting office, the Council does hereby determine to reject the recommendation of the Planning Commission and Petition 79-8-2-20 is hereby denied, the Council having determined as a matter of fact that the petitioner has failed to affirmatively demonstrate that the proposed waiver use complies with the general standards and requirements set forth in Section 19.06 of the Zoning Ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop and Bennett. NAYS: Nash, Taylor and McCann The President declared the motion DENIED. By Councilman Bishop, seconded by Councilman Nash, and unanimously adopted, it was 18454 imm #244-80 RESOLVED, that having considered a communication dated December 20, 1979 from the City Planning Commission, which transmits its resolution 12-249-79, adopted on December 18, 1979, with regard to Petition 79-8-2-20 submitted by William and Valerie Stefani requesting waiver use approval to use the ground floor of an existing building located on the south side of Seven Mile Road between Wayne Road and Laurel in the Northwest 1/4 of Section 9 for an accounting office, the Council does hereby determine to refer the matter to the Committee of the Whole for further consideration. By Councilman Nash, seconded by Councilman Bishop, it was #245-80 RESOLVED, that having considered the report and recommendationof the City Engineer, dated February 13, 1980, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Item No. 8 of Council Resolution 449-79, adopted on May 9, 1979, and as subsequently amended by Council Resolutions 962-79, 1198-79 and 30-80, so as to reduce the financial assurances now on deposit with the City for general improvements in the Windridge Village Subdivision No. 3, located in the northeast 1/4 of Section 4, to $7,500.00 cash, to cover the cost of remaining general improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, all other financial assurances now on deposit with the City with respect to remaining improvements in said subdivision shall remain the same and unchanged; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full low performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #246-80 WHEREAS, the City of Livonia, Michigan, population of approx- imately 110,000, and other cities in the United States strive to meet the demands and needs of their citizens, and WHEREAS, there are increased financial burdens imposed on our citizens by inflation, energy costs, increased demands for police and firefighting services, transportation and improvement in the environment, as well as the burdens of the Federal Income Tax, and WHEREAS, there are within our community greater and greater numbers of citizens on fixed incomes, and Iftw WHEREAS, there are many communities that are at the limit of their tax authority as imposed by state constitutions or charter provisions, and 18455 WHEREAS, Livonia, Michigan, and many other communities have safeguarded and utilized Federal General Revenue Sharing Funds in a diligent, efficient, and practical manner, in the years since 1972 when such legislation was first enacted, to serve the citizens of their respective communities, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the Council of the City of Livonia hereby requests its representatives in the Congress of the United States and the President of the United States to support and approve the renewal of the Federal General Revenue Sharing legislation which now expires in September of 1980, and also requests that such renewal legislation be provided unencumbered by legislative or bureaucrat- ic restraint and that such renewal legislation be provided on the basis of entitlement funding and that a copy of this resolution be sent to the following: Congressman Carl D Pursell Senator Donald W. Riegle, Jr Senator Carl Levin Stuart E. Eizenstat, Assistant to the President for Domestic Affairs and Policy, the White House, Washington, D. C. and to the Michigan Municipal League and the National League of Cities By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #247-80 RESOLVED, that the City Engineer having filed with the City Cleric a statement dated December 13, 1979 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon February 25, 1980, after due notice as required by Section 2-507 of said Code, and after 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 a 31' wide full-depth asphalt pavement with concrete curbs and gutters (Alternate II) in the Five-Elm Subdivision (except Garden Avenue and 125 feet of Elsie Avenue lying immediately west of Garden Avenue), located in the Northwest 1/4 of Section 24, T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; Imr (3) approve the plans and specifications for said improvement as set forth in said statement dated December 13, 1979 (4) determine that the estimated cost of such improvement is $464,188.53; 18456 (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; low (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be as follows: Front Streets -- 15% of Paving $ 43,482.35 Drainage 68,400.00 $ 111,882.35 Side Streets -- 15% of Paving 15,345.93 Drainage 3,600.00 18,945.93 Total City Share $ 130,828.28 and that the balance of said cost and expense of said public improve- ment amounting to $333,360.25 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district in the N W. 1/4 of Section 24, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan described as containing the following property: Lots 25 to 30, 31 to 38a, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89a, 89b, 90, 91, 92a, 92b, 93, 94, 95, 96, 97a, 97b, 98a, 98b, 99, loo, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120a, 120b, 121a, 121b, 122, 123, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157a, 157b, 158, 159a, 159b, 16oa, 160b, 161, 162a, 162b, 163a, 163b, 164, 165, 166, 167, 168a, 168b, 169, 170a, 170b, 171, 172a, 172b, 173, 174a, 174b, 1'15, 176, 177, 178, 179, 180, 181, 182, 183a, 183b, 184, 185a, 185b, 186a, 186b, 187, 188, 189a, 189b, 190, 191, 192, 193, 194 to 199, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215a, 215b, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227a, 227b, 228, 229, 230, 231, 232, 233, 234, 235a, 235b, 236, 237a, 237b, 238, 239, 240, 241a, 241b, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263 to 275 of Five Elm Park Subdivision. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of trie whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total 18457 benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and (10) that upon the 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, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code. By Councilman Taylor, seconded by Councilman McCann, it was 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, McCann and Bennett. NAYS: Nash, Gundersen and Bishop The President declared the motion DENIED. By Councilman Nash, seconded by Councilman McCann, it was #248-80 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 refer this matter to the next Regular Meeting to be held on March 19, 1980. A roll call vote was taken, on the foregoing resolution with the following result: IL. AYES: Nash, Taylor, Gundersen, Bishop and McCann. NAYS: Bennett. The President declared the resolution adopted. 18458 By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #249-80 RESOLVED, that having considered a communication from the City Planning Commission, dated December 11, 1979, which sets forth its resolu- tion 12-240-79, adopted on December 4, 1979, with regard to Petition 79-10-6-5 submitted by the City Planning Commission on its own motion to establish new regulations for the control of the use of S.D.D. licenses in the waiver use sections of the C-1 and C-2 Districts, and the Council having conducted a public hearing with regard to this matter on February 25, 1980, pursuant to Council Resolution 58-80, the Council does hereby determine to refer this item to the Legislative Committee for its report and recommendation. By Councilman Taylor, seconded by Councilman Bishop, it was #250-80 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Awrey Bakeries, Inc. , dated September 18, 1979, covering new industrial facilities to be located within City of Livonia Industrial Development District No 5; 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 Imp 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 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 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Awrey Bakeries, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No. 5. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Gundersen, Bishop and McCann. NAYS: Bennett. The President declared the resolution adopted. 18459 Ey Councilman Nash, seconded by CounciLnan Taylor, it was #251-80 RESOLVED, that having considered a communication dated February 22, 1980 from the Department of Law, transmitting for Council acceptance a Warranty Deed executed by Ager Building Company, a Michigan Corporation, dated February 13, 1980, conveying property described as follows: A parcel of land to be deeded by Ager Building Company to the City of Livonia, Part of Bureau of Taxation Parcel P2bla Part of the SW 1/4 of Section 3, T 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. Described as follows: Commencing at the Southwest corner of Section 3, T 1 S. , R 9 E. and proceeding N. 89° 38' 30" E. along the south line of said Section 3, 665.51 feet and continuing N. 00° 02' 00" W along the east line of Westmore Subdivision (recorded in Liber 48 of Plats, Page 85, W.0 R ), 1586 58 feet to the Point of Beginning of the parcel herein described, thence S. 59° 10' 00" E. 60.58 feet; thence S. 51° 41' 35" E. 201.44 feet; thence S 51° 20' 47" E. 64.o6 feet, thence S 00° 02' 00" E. 120.79 feet; thence S. 34° 12' 28" E. 211.59 feet, thence S 24° 45' 20" E 132 51 feet, thence S. 45° 20' 08" E. 58.90 feet; thence S. 67° 57' 04" E. 116.79 feet; thence N 89° 47' 39" E. 74.63 feet; thence N 00° 00' 58" E. 1090 34 feet; thence S 89° 52' 47" W. 659 09 feet; thence S 00° 05' 27" W 391.94 feet to the Point of Beginning, containing 11.793 acres, said parcel being subject to 160 the rights of the public in the Tarabusi Drain. the Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid Warranty Deed 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: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was #252-80 RESOLVED, that having considered a communication from the Department of Law, dated February 15, 1980, transmitting for Council acceptance a Grant of Temporary Easement dated December 21, 1979 executed by Price Brothers Company, a Michigan Corporation, conveying land in the City of Livonia, County of Wayne, State of Michigan, described as. That part of the N.E. 1/4 of Section 30, T 1 S. R. 9 E City of Livonia, Wayne County, Michigan, described as beginning at a point distant N. 89° 29' 37" P. along the E. and W. 1/4 line of said Section 30, 749.40 feet and N. 0° 16' 35" E. 1034.76 feet from the East 1/4 corner of said Section 30; proceeding thence N. 65° 41' 52" P 1846o 96.08 feet to the Southerly line of the C 0 Railroad right-of-way; thence S. 75° 27' 28" E along said right-of-way line, 90.55 feet; thence S. 0° 16' 35" W. 16.81 feet to the point of beginning. (Containing approximately 0.02 acres) the Council for and in behalf of the City of Livonia, does hereby accept the aforesaid Grant of Temporary Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds; be it further resolved, that a sum not to exceed three hundred dollars ($300.00) is hereby appropriated and authorized to be expended from the proceeds of the $7.9 million dollar general obligation road improvement bond issue for the acquisition of said Grant of Temporary Easement; and the City Clerk and City Treasurer are hereby requested to do all things necessary and incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #253-80 WHEREAS, the City Council having duly met and reviewed the special assessment levied on the Special Assessment Roll as prepared by the City Assessor to cover the district portion of the cost of street paving on Clarita Avenue, east of Middlebelt in the Northwest 1/4 of Section 12, T. 1 S. , R. 9 E , City of Livonia, Wayne County, Michigan, improvements to be constructed in the Special Assessment District No. 210, and all owners of record of property subject to the special assessments having submitted in writing a "waiver of notice and proceedings" in accordance with Section 2-531 of the Livonia Code of Ordinances, as amended, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code, determine as follows NOW, THEREFORE, BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated February 21, 1980, as revised, in the amount of $39,512.91, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No 210 is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight (:".) percent per annum on the unpaid balance of the assessment from the date of confirmation. Said interest shall be payable on each installment due date; provided, however, that after the issuance of bonds to be issued in anticipation of the collection of the unpaid assessments on 18461 the said special assessment roll, said rate of interest shall be adjusted to a rate which is not more than l% above the average rate of interest borne by said bonds. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1980 and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty (60) days from December 1, 1980 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1980 City tax roil in the manner required by Section 2-521 of the Livonia Code of Or- dinances, as amended, together with interest upon all unpaid install- ments from sixty (60) days after December 1, 1980 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments; provided, Imo however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, and (6) The City Council determines to pay 50% of the cost of said improve- ment within the said district in the sum of $19,756.46, to cover the City's cost of said improvement. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #254-80 RESOLVED, that having considered a communication from Comcast Corporation, One Belmont Avenue, Bala-Cynwyd, Pennsylvania 19004, dated February 25, 1980, wherein it is requested that Comcast Corporation be imw afforded the opportunity of submitting a plan for Cable Television, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. 18462 By Councilman McCann, seconded by Councilman Bishop, it was #255-80 RESOLVED, that having considered a communication from the Director of Public Works, dated February 28, 1980, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby au- thorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute a lease agreement with Bob Jeannotte Pontiac, Inc. , for a 4-Door Bonneville Pontiac being Serial No. 2N69AAP115176, for a total monthly installment of $234.76 for a period of twenty-five (25) months and based upon the terms and conditions as are set forth in the attached Agreement, said vehicle to be used by the office of the Mayor; FURTHER, the Council does hereby determine to authorize the said Agreement without competitive bidding and on the basis of the solicited quotes 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 City Clerk and City Treasurer are hereby requested to do all things necessary or inciden- tal to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett NAYS: None. By Councilman Taylor, seconded by Councilman Nash, it was law #256-80 RESOLVED, that having considered a communication from the City Engineer, dated February 13, 1980, approved by the Chairman of the Water and Sewer Board and the Director of Public Works and approved f•r submis- sion by the Mayor Pro Tem, to which is attached a copy of a communication from the Wayne County Board of Public Works, dated December 19, 1979, the Council does hereby designate the Engineering Division of the Department of Public Works as the official engineer to act for and on behalf of the City of Livonia in the approval of plans and specifications for sewerage facilities; and the City Clerk is hereby requested and authorized to execute the attached document and thereafter forward the same to the Wayne County Board of Public Works, as well as do such other things as may be necessary in order to fulfill the purposes of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman McCann, it was #257-80 RESOLVED, that having considered a communication from the imw Department of Law, dated February 15, 1980, approved for submission by the Mayor, transmitting for Council acceptance a Deed under Act 223, Public Acts of 1909, as amended, being Deed No. 115457, executed on February 6, 1980, by the Department of Natural Resources for the State of Michigan, 18463 to the City of Livonia, conveying land in the City of Livonia, described as follows: Lot 457 also east 1/2 adjacent vacated alley, Botsford Park Subdivision Private Park A, Country Homes Estates Subdivision No. 3 Lot 144 and the southerly 1/2 of adjacent vacating alley also the adjacent vacated part of Fordson Hwy., Coventry Gardens Subdivision Lot 378, Golden Ridge Subdivision No. 1 East 2 feet of Lot 1004 also the east 1/2 of adjacent vacated alley 18 feet side of the New Detroit Sub. Town 1 South, Range 9 East. Section 13. The north 20 feet of the south 502 feet of the west 220 feet of the east 434 feet of the east 1/2 of the southeast 1/4 of Section 13 except the west 30 feet thereof the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid Deed under Act 223, Public Acts of 1909, as amended, being Deed No. 115457, and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County 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: Nash, Taylor, Gundersen, Bishop and McCann. NAYS: Bennett. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #258-80 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 Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item: Petition 79-8-1-27 submitted by Eugene Arthur Pulice for a change of zoning on property located on the west side of Hubbard Road, north of Five Mile Road in the Southwest 1/4 of Section 15, from R-1 to P. , the City Planning Commission having in its resolution 1-32-80 recommended to the City Council that Petition 79-8-1-27 be approved; 18464 FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) Ifto days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, (and/or) (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each rail- road company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. Councilman Taylor gave first reading to the following Ordinances 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 L SECTION 3. THERETO. RE- PETITION 79-5-1-14 FOR CHANGE OF ZONING FROM C-2 TO RUB'. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances, in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Taylor gave first reading to 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-1. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 18465 Councilman Nash gave first reading to the following Ordinance: towe 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. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 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 L SECTION 3 _THERETO. RE: PETITION 79-10-1-35 FOR CHANGE OF ZONING FROM C-2 TO R-3. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Taylor gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 36 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3 THERETO. RE PETITION 79-11-1-39 FOR CHANGE OF ZONING FROM C-2 TO RUF. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. im. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 18466 Councilman Nash gave first reading to the following Ordinance- lo• AN ORDINANCE ' IN DING 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. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman McCann, seconded by Councilman Bishop, it was #259-80 RESOLVED, that having considered a communication from the Mayor, dated February 18, 1980, the Council does hereby approve of and concur in the appointment of Donald L. Vyhnalek, 34940 Wood Drive, Livonia, Michigan 48154, to the City Planning Commission to fill the unexpired term of Suzanne Wisler, which will expire on June 9, 1980, provided that Mr. Vyhnalek takes the Oath of Office as required in Section 3, Chapter X of the City Charter, to be administered by the City Clerk. A roll call vote was taken on the foregoing resolution with the following results AYES. Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS. None. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #260-80 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 Nash, seconded by Councilman Bishop, it was #261-80 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated January 17, 1980, and the report and recommendation of the Chief of Police, dated March 12, 1980, in connec- tion therewith, the Council does hereby approve of a request from Gotsis Company for a new dance permit to be held in conjunction with 1979 Class C Licensed Business located at 29300 Broadmoor, Livonia, Michigan 48154, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. 18467 imw A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman McCann, and unanimously adopted, this 927th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:46 P. M., March 12, 1980. oma-i- ADDISON td.CBACO , CI CLERK