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HomeMy WebLinkAboutCOUNCIL MINUTES 1984-09-26 21184 LowMINUTES OF THE ONE THOUSAND AND THIRTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 26, 1984, the above meeting was held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:00 p m Councilman Feenstra delivered the invocation. Roll was called with the following result. Present Robert R. Bishop, Fernon P. Feenstra, Alice Gundersen, Gerald Taylor, Robert D Bennett, Peter A. Ventura, and Robert E McCann. Absent: None. Elected and appointed officials present: Robert F Nash, City Clerk, Harry C. Tatigian, City Attorney; John J. Nagy, Planning Director, G. E. Siemert, Chief Engineer; Ron Mardiros, Assessor, Joan Duggan, Director of Community Resources; Russell Gronevelt, Director of Public Works, Ron Reinke, Supt. of Parks and Recreation, and David Katz, Administrative Assistant to the Mayor. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was 1775-84 RESOLVED, that the minutes of the 1 ,038th Regular Meeting of the Council of the City of Livonia, held September 10, 1984, are hereby approved. By request of Councilman Feenstra, Agenda Item #3 regarding a request by the Livonia Arts Commission for waiver of fees for the 1984 Bluegrass & Country Music Festival , was removed from the Consent Agenda and placed on the Regular Agenda. The following resolutions were offered by Councilman McCann, and seconded by Councilman Taylor. 21185 1776-84 RESOLVED, that having considered a communication from the Water and Sewer Board dated August 29, 1984, approved by the Director of Finance and approved for submission by the Mayor pro tem and which transmits its resolution WS 2657 8/84, the Council does hereby accept the bid of Price Brothers Company, 1955 E. Ten Mile Road, Warren, Michigan 48091 , for supplying the Public Service Division (Water Maintenance Section) with Fire Hydrants, Extension Kits and Repair Kits at the unit prices bid and for a total estimated amount of $8,398, the same having been in fact the lowest bid received which meets specifications. 1777-84 RESOLVED, that having considered a communication from the Water and Sewer Board dated August 29, 1984, approved by the Director of Finance and approved for submission by the Mayor pro tem, and which transmits its resolution WS 2658 8/84, the Council does hereby accept the following low bids, which meet specifications, for supplying the Public Service Division (Water Maintenance Section) with water main repair clamps at the unit prices bid. (1 ) Etna Supply Company, 529 32nd Street, Wyoming, Michigan 49508 6" x 71/2" 3 bolt minimum $ 24.35 each 6" x 20" 8 bolt minimum 64.87 each 6" x 30" 12 bolt minimum 95.04 each 8" x 71/2" 3 bolt minimum 27.83 each 8" x 121/2" 5 bolt minimum 44.91 each 8" x 20" 8 bolt minimum 72.96 each 8" x 30" 12 bolt minimum 104.33 each 12" x 71/2" 3 bolt minimum 39.44 each 12" x 121/2" 5 bolt minimum 63 38 each 12" x 15" 6 bolt minimum, each side 71 .33 each (2) Ellis & Ford Co. , P O. Box 308, Birmingham, Michigan 4801 2 8" x 15" 6 bolt minimum $42.83 each (3) SLC Water Service Products, 3059 Dixie Highway, Pontiac, Michigan 48055 6" x 15" 6 bolt minimum $43.80 each 6" x 71/2" 3 bolt minimum w/1 " CC tap 34.92 each 6" x 121/2" 5 bolt minimum w/1" CC tap 49.78 each 8" x 71/2" 3 bolt minimum w/1" CC tap 39.21 each 8" x 121/2" 5 bolt minimum w/1" CC tap 56.70 each 12" x 15" 6 bolt minimum each side w/1" CC tap 88.27 each 21186 12" x 20" 8 bolt minimum each side w/l " CC tap 119.05 each L 16" x 10" 4 bolt minimum each side 105.89 each 16" x 15" 6 bolt minimum each side 149.36 each 18" x 10" 4 bolt minimum each side 111 .65 each 18" x 15" 6 bolt minimum each side 160.73 each (4) Rockwell International , P.O. Box 5337, Texarkana , Arkansas 75505 6" x 121/2" 5 bolt minimum 29.99 each #778-84 RESOLVED, that having considered a letter from Vantage Systems, Inc. , Suite 106, 26645 W. Twelve Mile, Southfield, Michigan 48034, dated August 31 , 1984, wherein it is requested that license fees for video games be reduced with respect to seasonal business enterprises, the Council does hereby refer this item to the Legislative Committee for its report and recommendation #779-84 RESOLVED, that having considered a communication from the Chief of Police, dated August 27, 1984, which bears the signatures of the Director of Public Safety and the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the following L transfer of funds: FROM. #101-305-969-000-000 Federal Grant - City Share TO: #101-302-702-000-000 Traffic Salary $52,252 #101-302-709-000-000 Traffic Overtime 2,400 #101-302-710-000-000 Traffic Educational Premium 700 #101-302-715-000-000 Traffic FICA 3,944 #101-302-717-000-000 Traffic Holiday & Longevity 6,824 #101-302-719-000-000 Traffic Medical - _ 1 ,324 #101-302-720-000-000 Traffic Life Insurance 392 #101-302-722-000-000 Traffic Retirement 13,556 #101-302-724-010-000 Traffic Gun Allowance 880 $82,272 FROM' #101-305-969-000-000 Federal Grant - City Share TO: #101-325-702-000-000 Patrol Salary $52,252 #101-325-709-000-000 Patrol Overtime 2,400 #101-325-710-000-000 Patrol Educational Premium 700 #101-325-715-000-000 Patrol FICA 3,944 #101-325-717-000-000 Patrol Holiday & Longevity 6,824 #101-325-719-000-000 Patrol Medical 1 ,324 #101-325-720-000-000 Patrol Life Insurance 392 #101-325-722-000-000 Patrol Retirement 13,556 L #101-325-724-010-000 Patrol Gun Allowance 880 $82,272 21187 #780-84 RESOLVED, that having considered a communication from the Director of Community Resources dated September 10, 1984, approved for submission by the Mayor pro tem, the Council does hereby accept the grants enumerated below from the following service categories , amounts and funding sources: Senior Center Staffing $ 4,000 (State) Chore $10,300(Title III-Federal ) Personal Care/Homemaker $25,500 (State) Further, the council does hereby approve the grant classifications with respect to position, job description and hourly rate of pay as set forth in the attachment with the provision that the only benefit to be received is holiday pay after the completion of 480 hours, and that these positions shall terminate at such time as funding is no -longer available. #781-84 RESOLVED, that having considered a communication from the City Planning Department dated September 11 , 1984, which transmits the "Capital Improvement Program, 1985 - 1990" , the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation. #782-84 RESOLVED, that having considered a communication IL from the City Engineer dated August 24, 1984, approved for submission by the Mayor, to which is attached a letter from the Planning Director dated August 21 , 1984, and submitted pursuant to Council Resolution 287-84 in connection with a letter from Ralph Puccio, 32920 Rayburn, Livonia, Michigan, and Richard Cumbo, 32954 Rayburn, Livonia, Michigan, dated March 27, 1984, requesting a street improvement on Rayburn between Woodring and Loveland, the Council does hereby refer this item to the Streets, Roads & Plats Committee for its report and recommendation #783-84 RESOLVED, that having considered a letter from the Department of Law dated August 30, 1984 and submitted pursuant to Council Resolution 777-82 with regard to a proposed land swap between the City of Livonia and the Livonia Public Schools with respect to Parcels A, D, F and G, the Council does hereby refer this item to the joint City Council/School Board Affairs Committee for its report and recommendation. OT the fireworks display as requested ""C' nereoy approve #787-84 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of 21189 recommended to the City Council that Petition 84-1-1-2 (rehearing) be approved, (2) Petition 84-4-1-14, submitted by the Livonia Community Credit Union for a change of zoning of property located on the east side of Farmington Road between Five Mile Road and Roycroft in the Southwest 1/4 of Section 15 from C-4 and R-1 to C-2, the City Planning Commission in its resolution 8-183-84 having recommended to the City Council that Petition 84-4-1-14 be approved, (3) Petition 84-7-1-20, submitted by the City Planning Commission for a change of zoning of property located on the northeast corner of Six Mile and Haggerty Roads in the Southwest 1/4 of Section 7 from C-2 to P.S , the City Planning Commission in its resolution 8-178-84 having recommended to the City Council that Petition 84-7-1-20 be approved, (4) Petition 84-7-1-22, submitted by Leo & Elsie Ligenza for a change of zoning of property located on the east side of Stark Road, north of Plymouth Road in the Southeast 1/4 of Section 28, from C-1 to R-1 , the City Planning Commission in its resolution 8-180-84 having recommended to the City Council that Petition 84-7-1-22 be approved, (5) Petition 84-7-1-23, submitted by the City Planning Commission for a change of zoning of property located on the south side of Six Mile Road between the I-275 Freeway and Laurel Park Drive South in the Northeast 1/4 of Section 18, from C4-1 and R-3-B to C-2, the City Planning Commission in its resolution 8-181-84 having recommended to the City Council that Petition 84-7-1-23 be approved, and (6) Petition 84-7-1-24, submitted by John & Jacqueline Mathews for a change of zoning of property located on the south side of Dardanella between Middlebelt Road and Grimm Avenue in the Northwest 1/4 of Section 12, from RUF to R-6, the City Planning Commission in its resolution 8-182-84 having recommended to the City Council that Petition 84-7-1-24 be approved, 21190 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. A roll call vote was taken on the foregoing resolutions with the following results. AYES Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS None On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #788-84 RESOLVED, that having considered a communication from the Bluegrass Festival Chairman of the Livonia Arts Commission dated August 23, 1984, approved for submission by the Mayor, wherein a request is submitted for a waiver of fees ($200) in accordance with the Mayor's new policy concerning DPW overtime expenses with respect to the 1984 Bluegrass & Country Music Festival , the Council does hereby approve this request in the manner and form herein submitted A roll call vote was taken on the foregoing resolution with the following result. AYES. Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS: None 21191 On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #789-84 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 18, 1984 and submitted pursuant to Council Resolution 513-84 in connection with a communication from the City Planning Commission dated May 25, 1984, which transmits its resolution 5-99-84 adopted on May 15, 1984, with regard to Sign Application #843, submitted by Chaben-Young, D.D.S. , P.C. , requesting erection of a ground sign on property located on the east side of Middlebelt Road between Orangelawn and W Chicago in Section 36, the Council does hereby refer this item to the Study Session of October 1 , 1984 in order to permit the petitioner to submit a revised sign plan. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #790-84 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 18, 1984, and submitted pursuant to Council Resolution 565-84 in connection with the communication from the City Assessor dated June 11 , 1984 and approved for submission by the Mayor, with regard to a request from Sam Goodman, 2051 Woodward, Berkley, Michigan 48072 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 Nos. 46 120 03 0043 000 (30c43) and 46 120 03 0044 000 (30c44) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing and combining the same into three parcels, the legal descriptions of which shall read as follows: PARCEL #1 - East 66.67 ft. of Lot 43, Newburgh Estates Subdivision, City of Livonia, Wayne County, Michigan. PARCEL #2 - West 33 33 ft. of Lot 43 and East 33 33 ft. of Lot 44, Newburgh Estates Subdivision, City of Livonia, Wayne County, Michigan PARCEL #3 - West 66.67 ft. of Lot 44, Newburgh Estates Subdivision, City of Livonia, Wayne County, Michigan. 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, 21192 Further, the Council does hereby recommend that the front setback of the homes proposed to be constructed on these lots be greater than 50 feet. On a motion by Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was 1791-84 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 18, 1984 and submitted pursuant to Council Resolution 701-81 in connection with the report and recommendation of the Planning Department dated July 8, 1981 , and submitted pursuant to Council Resolution 505-81 in connection with the matter of the site plan submitted by the firm of Hoyem-Basso Associates, Inc. , Ralls-Hamill Group, Architects, for the proposed addition and renovation of the Livonia Police Headquarters, the Council does hereby determine to take no further action at this time The Plante & Moran audited financial report of the City of Livonia for the year ended 11/30/82 was received and placed on file for the information of the Council . On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #792-84 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 18, 1984 and submitted pursuant to Council Resolution 486-84 in connection with a communication from Plante & Moran, Certified Public Accountants, dated May 21 , 1984, which transmits a financial report, with additional information, for the year ended November 30, 1983, the Council does hereby accept the report and thereafter refer the same to the Finance Director for his report and recommendation. On a motion by Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #793-84 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 18, 1984 and submitted pursuant to Council Resolution 688-82 in connection with a communication from the Director of Finance dated August 26, 1982 and the communication from the Director of Public Works dated January 10, 1983 with respect to cars owned or leased by the City of Livonia, the Council does hereby refer this item back to the Finance Director and the Director of Public Works for an updated status report on this subject. 21193 On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 1794-84 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 18, 1984 and submitted pursuant to Council Resolution 259-83 with regard to the matter of taking competitive bids for the lease of the food concessions at Ford Field and the Eddie Edgar Ice Arena and the operation of vending machines in all City buildings, the Council does hereby request that the Superintendent of Parks and Recreation submit an updated report and recommendation on the current status of this subject. On a motion by Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was 1795-84 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 18, 1984 and submitted pursuant to Council Resolution 185-75 and 129-81 in connection with suggestions which have been submitted for the naming of a park, road and/or building in tribute to City founders, as well as naming a future senior citizens building "Mary Spitza Towers", the Council does hereby determine to take no further action On a motion by Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #796-84 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 18, 1984 and submitted pursuant to Council Resolution 151-78 in connection with a communication from the Department of Law, dated January 24, 1978, and submitted pursuant to Council Resolution 1126-77, with respect to Charter provisions concerning vacancies in elective offices, the Council does hereby determine to take no further action. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Pet. 84-6-3-2) A roll call vote was taken on the foregoing Ordinance with the following result: 21194 low AYES: Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman McCann took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 7 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. (Pet. 84-7-1-18, Rezoning from R5C & C2 to PO) A roll call vote was taken on the foregoing Ordinance with the following result: AYES• Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 060 OF TITLE 5, CHAPTER 12 (BOWLING, POOL AND BILLIARDS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. Councilman Ventura invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the lio following result: AYES: Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS None 21195 The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor gave first reading to the following Ordinance. AN ORDINANCE REPEALING ARTICLE 1 , SECTIONS 010, 020 AND 030 OF TITLE 2, CHAPTER 24 (DEPARTMENT OF PUBLIC WORKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #797-84 RESOLVED, that having considered a communication from the Mayor dated August 28, 1984 to which is attached an ordinance amendment which repeals Article 1 , Sections 010 through 030 of Title 2, Chapter 24 of the Livonia Code of Ordinances which created the Bureau of Inspection, and which ordinance amendment received its first reading by Councilman Taylor at the regular meeting conducted on September 26, 1984, the Council does hereby refer this item to the Legislative Committee for its report and recommendation Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING THERETO CHAPTER 2.25 ENTITLED "ENGINEERING AND INSPECTION." 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. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #798-84 RESOLVED, that having considered a communication from the Mayor dated August 28, 1984 to which is attached 21196 a proposed new Chapter 2.25 to Title 2 of the Livonia Code of Ordinances which would create a Department of Engineering and Inspection, and which ordinance received its first reading by Councilman Ventura at the regular meeting conducted on September 26, 1984, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 2, CHAPTER 24 (DEPARTMENT OF PUBLIC WORKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. On a motion by Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #799-84 RESOLVED, that having considered a communication from the Mayor dated August 28, 1984 to which is attached the proposed amendment to Article 2 of Title 2, Chapter 24 of the Livonia Code of Ordinances which ordinance would revise the Water and Sewer Division of the Department of Public Works so as to provide for the Office of the Public Utility Manager, as well as transfer certain functions from the City Clerk to the Finance Director, and which ordinance received its first reading by Councilman Taylor at the regular meeting conducted on September 26, 1984, the Council does hereby refer this item to the Legislative Committee for its report and recommendation On a motion by Councilman Feenstra, seconded by Councilman McCann, and unanimously adopted, it was #800-84 RESOLVED, that having considered a communication from the City Engineer dated August 29, 1984, approved for submission by the Mayor, wherein it is recommended that the 1984 National Electrical Code, with approved Technical Amendments, be adopted, the Council does hereby refer this item to the Department of Law for the preparation of an Ordinance Amendment which would revise Chapter 15.04 and 15.08 of the Livonia Code of Ordinances for this purpose. 21197 On a motion by Councilman Bennett, seconded by Councilwoman Gundersen, it was #801-84 RESOLVED, that having considered Opinion No. 84-4 of the Department of Law dated August 29, 1984, approved for submission by the Mayor and submitted pursuant to Council Resolution 61-83, with regard to the proposed initiation of a policy which awards a 10% credit to any bidder proving that its goods are produced in the United States, the Council does hereby determine to take no further action. A roll call vote was taken on the foregoing resolution with the following result. AYES Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS Feenstra The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #802-84 RESOLVED, that having considered a letter from Robert W. Summers, 233 S Main, Plymouth, Michigan 48170, dated August 31 , 1984, appealing a denial by the Bureau of Inspection of an application for a permit to move a house from 32818 Grand River, Farmington, Michigan to 14647 Bainbridge, Livonia, Michigan, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilman Ventura, seconded by Councilman Feenstra, and unanimously adopted, it was #803-84 WHEREAS, the City of Livonia is located within the County of Wayne (Wayne) , and WHEREAS, the City of Livonia is vitally concerned with the financial integrity of WAYNE and any issue which would impinge on that integrity, and WHEREAS, WAYNE has entered into contracts with the City of Detroit for the disposal and treatment of sewage flows, and WHEREAS, WAYNE is obligated by law to operate the Wayne County-Middle Rouge and Wayne County-Northeast sewage disposal districts according to governing Law, and pursuant to the terms of the contract to which Wayne is a party, and 21198 WHEREAS, pursuant to such contracts, the City W, of Detroit has always and continues to pass through to WAYNE, a portion of the costs incurred by the City of Detroit in providing sewage treatment and disposal for the City of Detroit, the above-named sewage disposal districts, and other sewage disposal districts, including a portion of the costs for sludge and scum hauling and disposal ; and WHEREAS, WAYNE has a right to have the business of the Detroit Water and Sewerage Department and the City of Detroit conducted honestly, fairly, impartially, free from corruption, collusion, partiality, disloyalty, dishonesty, bribery and fraud; and WHEREAS, certain individuals were indicted and convicted in the case of U S. v Beckham, et al , No. 83-CR-60070, in the United States District Court for the Eastern District of Michigan, for participating in the conspiracy relating to the bribery of a public official employed by the Detroit Water and Sewerage Department, and the letting of a certain sludge hauling and disposal contract, and WHEREAS, the County of Oakland has commenced suit in the case of the County of Oakland v City of Detroit, et al , No. 84-CV-l068-DT, in the United States District Court for the Eastern District of Michigan for damages stemming from illegal activities prohibited by the Sherman Act (15 U.S C. Sec. 1 , et seq. ) and the Racketeer Influenced Corrupt Organizations Act (18 U S C. Sec 1961 , et seq. ), as well as Breach of Fiduciary Duties in violation of 28 U S.C. Sec 959; and WHEREAS, WAYNE is empowered to take all actions reasonable and necessary to protect the interest of the County, and other acts including the filing of lawsuits; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Livonia does hereby request and urge that the Wayne County Board of Commissioners immediately adopt the attached resolution authorizing WAYNE to join as a party plaintiff in the aforesaid case of the County of Oakland v City of Detroit, et al , No. 84-CV-1068-DT. On a motion by Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was 21199 #804-84 RESOLVED, that having considered a proposed amendment to Section 18 47 of Zoning Ordinance #543, as amended, which would purport to delete the exception provided therein with respect to industrial zoning districts, the Council does, in accordance with Section 23.01 (a) of the Zoning Ordinance, refer this item to the Planning Commission for the purpose of conducting a Public Hearing and thereafter submitting a report and recommendation to Council . On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #805-84 RESOLVED, that in accordance with Section 23.01 (a) of Zoning Ordinance #543, as amended, the Council does hereby request that the City Planning Commission conduct a Public Hearing and thereafter submit its report and recommendation on the question of whether or not the property located on the north side of Plymouth Road, between the Terrace Theater and the Ford Parts Depot should be rezoned from its present zoning classification to a more appropriate zoning classification On a motion by Councilman Taylor, seconded by Councilman Ventura, it was #806-84 RESOLVED, that having considered a communication from the Department of Law, dated September 6, 1984, approved for submission by the Mayor Pro Tem, to which is attached an Agreement to Purchase Real Estate dated September 4, 1984 from Accent Marketing Service, - Inc. , 14138 Livonia Crescent, Livonia, Michigan 48154, and a copy of a letter dated September 4, 1984 from Edward Elsner, 35612 Parkdale Street, Livonia, Michigan 48150, both with regard to the purchase of Lot 8 of Shaffmaster's Parkside Estates Subdivision, the Council does hereby authorize the sale of said property to Accent Marketing Service, Inc. for the sum of $9,000, subject to the purchaser providing his own title insurance policy, and for this purpose, the Council authorizes the Mayor and City Clerk to execute, for and on behalf of the City of Livonia an appropriate deed and such other documents as may be necessary to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such documents as may be necessary to consummate this transaction A roll call vote was taken on the foregoing resolution with the following result. AYES: Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS• None 21200 On a motion by Councilman Bennett, it was RESOLVED, that having considered a communication from the City Clerk dated September 4, 1984 which transmits a communication from the Acting Director of the Wayne County Planning Commission dated September 1984, to which is attached the Wayne County Solid Waste Management Plan and having also considered a communication from the County Commissioner of the 19th District dated September 14, 1984, the Council does hereby, in accordance with Public Act 641 of 1974, recommend approval of the Wayne County Solid Waste Management Plan as submitted by the Wayne County Commission. The motion failed for lack of support. On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, and unanimously adopted, it was #807-84 RESOLVED, that having considered a communication from the City Clerk dated September 4, 1984 which transmits a communication from the Acting Director of the Wayne County Planning Commission dated September 1984, to which is attached the Wayne County Solid Waste Management Plan and having also considered a communication from the County Commissioner of the 19th District dated September 14, 1984, the Council does hereby table this item to the Study Session to be conducted on October 1 , 1984. On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #808-84 RESOLVED, that having considered a communication from the City Planning Commission dated September 13, 1984, which transmits its resolution 8-192-84 adopted on September 11 , 1984 with regard to Petition 84-8-8-32 submitted by Jerry J. Rozema requesting site plan approval in connection with a proposal to construct an addition to the existing real estate office located on the north side of Five Mile Road between Brookfield and Mayfield Avenues in Section 15, pursuant to the provisions set forth in Section 18.42 of Ordinance #543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 84-8-8-32 is hereby approve and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission, as well as the additional condition that wheel stops shall be required to be installed along the Five Mile Road sidewalk so as to prevent automobile overhang. 21201 On a motion by Councilman Feenstra, seconded by Councilman Ventura, it was #809-84 RESOLVED, that having considered a communication from the City Planning Commission dated August 30, 1984, which transmits its resolution 8-168-84 adopted on August 21 , 1984 with regard to Petition 84-8-2-28, submitted by Ferruccio P. DeConti , requesting waiver use approval to construct an addition with sit-down facilities to an existing restaurant located on the northwest corner of Plymouth Road and Arcola in the Southeast 1/4 of Section 25, which property is zoned C-2 and P, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 84-8-2-28 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, Gundersen, Ventura, Bishop NAYS• Taylor, Bennett, McCann The President declared the resolution adopted. On a motion by Councilman Bennett, seconded by Councilman Feenstra, it was RESOLVED, that having considered a communication from the City Planning Commission dated August 30, 1984 which transmits its resolution 8-176-84 adopted on August 21 , 1984 with regard to Sign Permit Application #1170, submitted by Euko Design/Signs, Inc. , requesting approval to erect a wall sign on a building located on the southeast corner of Plymouth and Middlebelt Roads in Section 36, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Application #1170, subject to compliance with the same condition set forth in the aforesaid action of the Planning Commission, as well as the additional condition that the existing poles that presently extend above the free standing ground sign shall be reduced to the height of the said sign face. On a substitute motion by Councilman McCann, seconded by Councilman Taylor, it was #810-84 RESOLVED, that having considered a communication from the City Planning Commission dated August 30, 1984 21202 which transmits its resolution 8-176-84 adopted on August 21 , 1984 with regard to Sign Permit Application #1170, submitted by Euko Design/Signs, Inc. , requesting approval to erect a wall sign on a building located on the southeast corner of Plymouth and Middlebelt Roads in Section 36, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result• AYES• Gundersen, Taylor, Ventura, McCann NAYS. Feenstra, Bennett, Bishop The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #811-84 RESOLVED, that having considered a communication from the City Planning Commission dated August 16, 1984 which transmits its resolution 8-160-84 with regard to Petition 84-6-8-26 submitted by Villanova Construction Company requesting site plan approval in connection with a proposal to construct commercial stores on the south side of Five Mile Road, west of Farmington Road in Section 21 , pursuant to the provisions set forth in Section 18.47 of Ordinance #543, as amended, and the Council having conducted a public hearing with regard to this matter on August 20, 1984, pursuant to Council Resolution 681-84, the Council does hereby reject the recommendation of the Planning Commission and Petition 84-6-8-26 is hereby approved and granted, such approval to be based upon the condition that a revised Plan #84D-602 dated September 24, 1984 shall be adhered to. On a substitute motion by Councilman Bennett, seconded by Councilwoman Gundersen, it was RESOLVED, that the Council does hereby refer the subject of the aforesaid resolution to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result AYES• Gundersen, Bennett NAYS Feenstra, Taylor, Ventura, McCann, Bishop The President declared the resolution denied. 21203 A roll call vote was taken on the original motion with the following result AYES: Feenstra, Gundersen, Taylor, Ventura, McCann, Bishop NAYS: Bennett The President declared the resolution adopted. On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, it was #812-84 RESOLVED, that having considered a communication from the City Planning Commission, dated July 26, 1984 which sets forth its resolution 7-132-84 adopted on July 24, 1984 with regard to Petition 84-6-1-17 submitted by E. and G. Paolucci for a change of zoning on property located on the south side of Seven Mile Road between Brentwood and Harrison in the Northwest 1/4 of Section 12, from RUF to C-1 , and the Council having conducted a public hearing with regard to this matter on September 19, 1984, pursuant to Council Resolution 680-84, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result. AYES. Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann NAYS. Bishop The President declared the resolution adopted. On a motion by Councilman McCann, seconded by Councilwoman Gundersen, it was #813-84 WHEREAS, there exists in the City of Livonia (the "City") the need for certain programs to alleviate and prevent conditions of unemployment and to revitalize the City's economy, and to assist industrial and commercial enterprises, and to encourage the location, expansion or retention of industrial and commercial enterprises to provide needed services and facilities to the City and its residents, and WHEREAS, a program to alleviate the aforesaid conditions has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation"); and WHEREAS, the Corporation in conformity with Act No. 338, Public Acts of Michigan, 1974, as amended ("Act 21204 No. 338"), has prepared and submitted a project plan (the Imo "Project Plan"), providing all information and requirements necessary for a commercial project involving the acquisition, construction and equipping of four office buildings and the adjacent parking lots, totalling approximately 96,000 square feet, to be owned and operated by Willowood Investments for the benefit of Willowood Investments and located in a project area bounded by Schoolcraft, Berwick, Merriman and Scone, in the City of Livonia (the "Project") , and WHEREAS, in conformity with Act No. 338 and the Internal Revenue Code of 1954, as amended (the "Code"), this legislative body has conducted a public hearing on the Project, the Project Plan, and the bonds in the maximum aggregate principal amount of $850,000 proposed therein to be issued by the Corporation to finance all or part of the costs of the Project (the "Bonds") , NOW, THEREFORE, BE IT RESOLVED. 1 . The Project Plan, as submitted and approved by the Corporation meets the requirements set forth in Section 8 of Act 338, and is hereby approved 2. The persons who will be active in the management of the Project for not less than one year after approval of the Project Plan have sufficient ability and experience to manage the plan properly. 3. The proposed methods of financing the Project as outlined in the Project Plan are feasible and this Corporation has the ability to arrange, or cause to be arranged, the financing 4. The Project as submitted is reasonable and necessary to carry out the purposes of Act No 338, and is hereby approved. 5. Issuance by the Corporation of the Bonds in an amount of $850,000, in accordance with the terms set forth in the Project plan, to finance all or part of the costs of the Project as described herein and in the Project Plan, is hereby approved 6 Based upon the information submitted and obtained, the Project Plan as submitted and the Project to which it relates serves to alleviate and prevent conditions of unemployment and strengthen and revitalize the City's economy and, therefore, constitutes a vital and necessary public purpose. 7. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded 21205 A roll call vote was taken on the foregoing resolution with the following result. Imo AYES. Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS: None On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #814-84 WHEREAS, there exists in the City of Livonia (the "City") the need for certain programs to alleviate and prevent conditions of unemployment and to revitalize the City's economy, and to assist industrial and commercial enterprises, and to encourage the location, expansion or retention of industrial and commercial enterprises to provide needed services and facilities to the City and its residents; and WHEREAS, a program to alleviate the aforesaid conditions has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation"), and WHEREAS, the Corporation in conformity with Act No. 338, Public Acts of Michigan, 1974, as amended ("Act No. 338") , has prepared and submitted a project plan (the "Project Plan") , providing all information and requirements necessary for a project involving the acquisition, construction and equipping of a 50,000 square foot addition to an office building facility to be owned by, operated by and for the benefit of American Community Mutual Insurance Company and located at 39201 Seven Mile Road, Livonia, Michigan (the "Project") , and WHEREAS, in conformity with Act No 338 and the Internal Revenue Code of 1954, as amended (the "Code"), this legislative body has conducted a public hearing on the Project, the Project Plan, and the bonds in the maximum aggregate principal amount of not to exceed $4,100,000 proposed therein to be issued by the Corporation to finance all or part of the costs of the Project (the "Bonds") , NOW, THEREFORE, BE IT RESOLVED 1 The Project Plan, as submitted and approved by the Corporation, meets the requirements set forth in Section 8 of Act 338, and is hereby approved. 2. The persons who will be active in the management of the Project for not less than one year after approval ime of the Project Plan have sufficient ability and experience to manage the plan properly. 21206 3. The proposed methods of financing the Project as outlined in the Project Plan are feasible and this Corporation has the ability to arrange, or cause to be arranged, the financing. 4 The Project as submitted is reasonable and necessary to carry out the purposes of Act No. 338, and is hereby approved. 5 Issuance by the Corporation of the Bonds in an amount not to exceed $4,100,000, in accordance with the terms set forth in the Project Plan, to finance all or part of the costs of the Project as described herein and in the Project Plan, is hereby approved. 6. Based upon the information submitted and obtained, the Project Plan as submitted and the Project to which it relates serves to alleviate and prevent conditions of unemployment and strengthen and revitalize the City's economy and, therefore, constitutes a vital and necessary public purpose. 7. 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. Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS None On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, it was #815-84 RESOLVED, that the Council does hereby revise and amend Council Resolution 728-84 adopted on August 24, 1984 so as to have the same read as follows: RESOLVED, that having considered communications dated August 15, 1984 and August 16, 1984 from the Michigan Liquor Control Commission with regard to an application from Joe Kelly's Oyster Dock No 1 , Inc. for a new full year Class C License to be located at 14000 Middlebelt Road, Livonia, Michigan, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the Council approves the said application, "Above All Others", and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. 21207 A roll call vote was taken on the foregoing resolution with the following result: AYES. Feenstra, Gundersen, Taylor, Bennett, McCann, Bishop NAYS: Ventura The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #816-84 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #574-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Councilman Ventura, seconded by Councilman Taylor, it was RESOLVED, that having considered a communication from the Director of Community Resources dated September 21 , 1984, approved by the Finance Director and approved for submission by the Mayor, with regard to the proposed connection of a terminal to the police computer by the Youth Assistance Program, the Council does hereby accept a cash donation in the amount of $4,520, which represents the proceeds of the Mama's and Pasta's benefit, and does for this purpose allocate the aforesaid sum to the following accounts in the following amounts. $4,300.00 to Account Number 101-174-983.000.000, and $ 220.00 to Account Number 101-174-756.000.000. On a motion by Councilwoman Gundersen, seconded by Councilman Ventura, it was #817-84 RESOLVED, that the aforesaid resolution be divided between acceptance of the donation and allocation of the funds involved A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann NAYS: Bishop The President declared the resolution adopted. 21208 On a motion by Councilman Bennett, seconded by Councilman Taylor, it was #818-84 RESOLVED, that having considered a communication from the Director of Community Resources dated September 21 , 1984, approved by the Finance Director and approved for submission by the Mayor, with regard to the proposed connection of a terminal to the police computer by the Youth Assistance Program, the Council does hereby accept a cash donation in the amount of $4,520, which represents the proceeds of the Mama's and Pasta's Benefit. A roll call vote was taken on the foregoing resolution with the following result. AYES• Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS: None On a motion by Councilman Taylor, seconded by Councilman McCann, it was #819-84 RESOLVED, that having considered a communication from the Director of Community Resources dated September 21 , 1984, approved by the Finance Director and approved for submission by the Mayor, with regard to the proposed connection of a terminal to the police computer by the Youth Assistance Program, the Council does hereby allocate the sum of $4,520 to the following accounts in the following amounts $4,300.00 to Account Number 101-174-983.000.000, and $ 220.00 to Account Number 101-174-756.000 000. A roll call vote was taken on the foregoing resolution with the following result• AYES Feenstra, Taylor, Bennett, Ventura, McCann, Bishop _ r NAYS Gundersen The President declared the resolution adopted. On a motion by Councilwoman Gundersen, seconded by Councilman Ventura, and unanimously adopted, it was #820-84 RESOLVED, that the Council does hereby request that the Chief of Police submit a report and recommendation relative to the method of implementation and the costs 21209 involved with regard to a proposed connection of a terminal to the police computer by the Youth Assistance Program. On a motion by Councilwoman Gundersen, seconded by Councilman Feenstra, and unanimously adopted, it was #821-84 RESOLVED, that the Council does hereby refer to the Computer Committee for its information, the matter of the proposed connection of a terminal to the police computer by the Youth Assistance Program On a motion by Councilman Taylor, seconded by Councilman Ventura, it was #822-84 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 24, 1984 and submitted pursuant to Council Resolution 721-84 in connection with a communication from the City Planning Commission, dated August 17, 1984, which transmits its resolution 8-162-84 adopted on August 14, 1984, with regard to Sign Permit Application #1154, submitted by Radiant Electric Sign Company requesting approval to erect a ground sign on property located on the northeast corner of Seven Mile Road and Westmore in Section 3, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application #1154, subject to compliance with the same condition set forth in the aforesaid action of the Planning Commission On a substitute motion by Councilman Bennett, seconded by Councilwoman Gundersen, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 24, 1984 and submitted pursuant to Council Resolution 721-84 in connection with a communication from the City Planning Commission, dated August 17, 1984, which transmits its resolution 8-162-84 adopted on August 14, 1984, with regard to Sign Permit Application #1154, submitted by Radiant Electric Sign Company requesting approval to erect a ground sign on property located on the northeast corner of Seven Mile Road and Westmore in Section 3, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application #1154, subject to compliance with the same condition set forth in the aforesaid action of the Planning Commission, as well as the additional condition that the height of the said sign to be erected shall not be more than 18 feet. 21210 A roll call vote was taken on the foregoing resolution with the following result. AYES: Gundersen, Bennett NAYS: Feenstra, Taylor, Ventura, McCann, Bishop The President declared the resolution denied A roll call vote was taken on the original resolution with the following result: AYES. Feenstra, Taylor, Ventura, McCann, Bishop NAYS• Gundersen, Bennett The President declared the resolution adopted. On a motion by Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #823-84 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 24, 1984 and submitted pursuant to Council Resolution 336-83 in connection with a communication from the City Planning Commission dated January 12, 1983, which sets forth its resolution 12-217-82 adopted on December 14, 1982, with regard to Petition 82-11-1-18 submitted by Arthur Pollack for a change of zoning on property located on the east side of Middlebelt between Six Mile Road and Pickford Avenue in the Southwest 1/4 of Section 12, from RUF to P.S. , and the Council having conducted a public hearing with regard to this matter on March 16, 1983, pursuant to Council Resolution 57-83, the Council does hereby determine to take no further action. The communication from the Mayor's office, dated March 27, 1984, transmitting the Project Assistance Request Form to be used by all groups requiring assistance from City personnel , was received and placed on file for the information of the Council On a motion by Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #824-84 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 24, 1984 and submitted pursuant to Council Resolution 621-82 in connection with the report and recommendation of the 21211 Superintendent of Public Service, dated July 22, 1982, approved by the Director of Finance and the Director of Public Works and approved for submission by the Mayor,and which submits a proposal of Honeywell , Inc. to provide an Energy Management System for Eddie Edgar Arena, the Council does hereby refer this item back to the Director of Public Works for a new report and recommendation. On a motion by Councilwoman Gundersen, seconded by Councilman Ventura, it was #825-84 RESOLVED, that the Council does hereby refer to the Computer Committee the matter of a proposal of Honeywell , Inc. to provide an Energy Management System for Eddie Edgar Arena. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann NAYS: Bishop The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Ventura, and unanimously adopted, it was #826-84 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 24, 1984 with regard to the question of settlement of claims made against the Police Department by the City's insurance carriers, the Council does hereby determine to take no further action. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #827-84 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated September 24, 1984 and submitted pursuant to Council Resolution 371-83 in connection with the question of whether, or not a standing committee of the Council should be established with respect to cable matters, the Council does hereby determine to take no further action. By Councilman Ventura, seconded by Councilman Feenstra, and unanimously adopted, this 1 ,039th Regular Meeting of the Council of the City of Livonia 21212 was duly adjourned at 9:20 p.m. , September 26, 1984. 2 _2 C ROBER1f. NASH, CITY CLERKI - • _ _