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HomeMy WebLinkAboutCOUNCIL MINUTES 1983-07-27 20+55 MINUTES OF THE ONE THOUSAND AND ELEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 27, 1983, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the Vice President of the Council at approximately 8:07 p.m. . Councilman Feenstra delivered the invocation. Roll was called with the following result: Present: Robert R. Bishop, Fernon P. Feenstra, Alice Gundersen, Robert D. Bennett, Peter A. Ventura, Gerald Taylor; absent: Robert E. McCann. Elected and appointed officials present: Edward H. McNamara, Mayor; Robert F. Nash, City Clerk; Patricia Miencier, Deputy City Clerk; Carol Hustoles, Assistant City Attorney; John J. Nagy, Planning Director; G. E. Siemert, Chief Engineer; Ted Krauss, Civil Service; Sue Wisler, Program Supervisor; Joan Duggan, Director of Community Resources; and Barney Knorp, Fire Chief. By Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #577-83 RESOLVED, that the minutes of the 1010th Regular Meeting of the Council of the City of Livonia, held July 13, are hereby approved. The Communication from the Department of Law, dated July 18, 1983, re: Coalition for Block Grant Compliance v Livonia, et al, Civil Action No. 770503, was received and placed on file for the information of the Council. The following resolutions were offered by Councilman Feenstra and seconded by Councilman Ventura: #578-83 RESOLVED, that having considered a letter dated June 19, 1983, from the Stoneleigh Village Civic Association requesting permission to close Riverside Court on Saturday, August 20, 1983, from 8:00 p.m. until 1:00 a.m. , for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to approval of the Police Department. 20456 #579-83 RESOLVED, that having considered a letter dated July 6, 1983, from John P. Barrett, 9901 Melrose, Livonia, Michigan 48150, requesting permission to close Melrose between Orangelawn and Elmira on Sunday, August 14, 1983, between 1:00 p.m. and 5:00 p.m., for the purpose of conducting a block party, and also requesting permission to conduct a neighborhood fun run at 9:00 a.m. on August 14, 1983, which will be limited to Orangelawn, Cranston, Elmira and Melrose, the Council does hereby grant permission as requested, the action taken herein being made subject to approval of the Police Department. #580-83 RESOLVED, that having considered a letter dated June 29, 1983 from Leo Bien, 39035 Grennada, Livonia, Michigan 48154, wherein a request is made for the vacating of a public walkway located between Lots 488 and 489 of the Tiffany Park Subdivision #5 in the S.W. 1/4 of Section 19, the Council does hereby refer the same to the City Planning Commission for action and recommendation, in accordance with provisions of law and City ordinance. #581-83 RESOLVED, that having considered a communication from the Historical Commission, dated June 22, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem, the Council does hereby authorize Sam Cox, 3109 Landsdown, Drayton Plains, Michigan 48020, to tape and seam the second floor and to finish the plaster work on the first floor of the Shaw House, for an amount not to exceed $1505.00, the same to be appropriated and expended from Historical Commission Account # 101-737-976.120.000, further, the Council does hereby authorize the said item 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 3.04.140 D, 4 & 5 of the Livonia Code of Ordinances, as amended. #582-83 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 24, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem, the Council does hereby accept the unit price bid of Aquila Cement Company Inc., 18571-1 Innsbrooke, Northville, Michigan 48167, for the 1983 Sidewalk Repair Program for the estimated total cost of $68,430.00, based upon the Engineering Division's estimate of units involved and subject to a final payment based upon the actual units completed, in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; further, the Council does hereby authorize an advance in the amount of $68,430.00 from the 7.9 Million Dollar General Obligation Road Improvement Bond Issue, with the provision that said bond issue be reimbursed at such time as funds are subsequently received from the payment of bills and assessments by affected property owners; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as required; further, 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. 20457 #583-83 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 22, 1983, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor Pro Tem, with regard to the comple- tion of the 1978 Miscellaneous Paving Program, the Council does hereby determine as follows: 1. To authorize the City Assessor and City Treasurer to (1) revise the assessment rolls for SAD Nos. 182, 183, 184, 185, and 187 on the basis of actual costs and in accordance with the information shown on attachment nos. 3, 4, 6, 8 and 10, and (2) increase the assessments for those parcels shown on attachments nos. 2, 5, 7, 9 and 11 so as to include the cost for additional drive approach work as requested anc authorized by certain property owners; and 2. To appropriate the City's share of $544,766.62 from the 7.9 million dollar general obligation road improvement bond issue with the provision that said bond issue be reimbursed at such time as funds become available from the next motor vehicle highway fund bond issue. #584-83 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 21, 1983, approved by the Director of Public Works and the Chairman of the Water and Sewer Board, and approved for submission by the Mayor, the Council does hereby authorize an additional Five Year extension of the agreement previously entered into between the City of Livonia and Northville Township, dated June 29, 1973, which agreement was executed pursuant to Council Resolution 498-73, and there- after extended for a five year period pursuant to Council Resolution 617-7 adopted on June 28, 1978, said extension to be based upon the same terms and conditions as are set forth in the original agreement; and the Council does hereby authorize the Mayor and City Clerk to execute an Amendatory Agreement for and on behalf of the City of Livonia for the purpose of implementing the action taken herein; and the Department of Law is hereby requested to prepare the said Amendatory Agreement, as well as to do all other things necessary or incidental to the full performance of this resolution. #585-83 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 20, 1983, and the report and recommendation of the Chief of Police, dated July 6, 1983, in connection therewith, the Council does hereby approve of the request from the City of Livonia and the Parks and Recreation Commission to add Nikolaos Moutafis as a co-licensee on a 1983 Class C licensed business located at 20500 Newburgh Road, Livonia, Michigan 48152, said approval to include Sunday sales, outdoor service, direct connection permits and add space; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #586-83 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 31, 1983, and the report and recommendation of the Chief of Police, dated July 6, 1983, in connection therewith, the Council does hereby approve of the request from Leo R. Burton to add space to a 1983 Class C licensed premises located at 11791 Farmington Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. 20458 #587-83 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 24, 1983, and the report and recommendation of the Chief of Police, dated July 11, 1983, in connection therewith, the Council does hereby approve of the request from George Y. Hajal to drop Betty Hajal Estate, George Y. Hajal, Personal Representative, as partner on 1983-84 SDM Licensed Business with George Y. Hajal, located at 27600 Plymouth Road, Livonia, Michigan 48154; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #588-83 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 13, 1983, and the report and recom- mendation of the Chief of Police, dated July 11, 1983, in connection there- with, the Council does hereby approve of the request from ABM, Inc., holding SDD-SDM licenses at 30805 Plymouth Road, Livonia, Michigan, for transfer of all stock wherein Alex Balooly is transferring all his 1,000 shares to new stockholders Esam and George Asker; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #589-83 RESOLVED, that having considered a communication from the City Planning Commission, dated June 28, 1983, which transmits its resolution 6-126-83 adopted on June 21, 1983, with regard to Petition 83-5-3-2 submitted by the City Planning Commission on its own motion to vacate the west one-half of Cavour Avenue, north of Lancaster Drive, in the S.W. 1/4 of Section 13, the Council does hereby concur in the recommendation of the im. City Planning Commission and does grant and approve the said Petition 83-5-3-2, subject to retention of a full-width easement; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Feenstra, Gundersen, Bennett, Ventura, Taylor, Bishop NAYS: None On a motion by Councilman Ventura, seconded by Councilman Taylor, it was #590-83 RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee, dated July 12, 1983, submitted pursuant to Council Resolution 171-83, in connection with a communication from the Mayor, dated February 9, 1983, wherein it is recommended that a refund in the amount of $304,018.04 from the Wayne County Department of Public Works as a result of a decision rendered by Judge Feikens be utilized so as to absorb and defer the implementation of a $.21 sewage treatment rate increas which would otherwise be implemented on July 1, 1983, the Council does hereby determine that the said refund shall be returned to the customers of the system by absorbing the City of Detroit's proposed future sewage rate increase; and the Water and Sewer Division is hereby requested to do all things necessary or incidental to the full performance of this resolution. 20459 A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bennett, Ventura, Taylor, Bishop NAYS: None On a motion by Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #591-83 RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee, dated July 12, 1983, submitted pursuant to Council Resolution 405-83, in connection with a communication from Com- mercial Removal, dated May 12, 1983, wherein a request is submitted for the possible extension of the present contract between the City of Livonia and Commercial Removal for the pickup and disposal of rubbish, which expires on September 30, 1983, the Council does hereby determine, in accordance with Section 9, Page IB-3, based upon the mutual agreement of the parties, to Authorize the extension of the current contract between the City of Livonia and Commercial Removal, Inc. for a period of three years, commencing October 1, 1983 and ending September 30, 1986, the said contract to contain the same terms as are set forth in the current contract noting that Commercial Removal has indicated in a communication dated July 22, 1983, that the present rate charged in the current contract will be charged for the next three years except that in the third year a review of dump and fuel costs may be warranted; and the Mayor and City Clerk are hereby authorized to affix their signatures to the subject contract for and on behalf of the City of Livonia and to do all things necessary or incidental to the full performance of this resolution. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 010 THROUGH 140, 170 THROUGH 230, 250, and 280 THROUGH 370 OF, AND ADDING SECTIONS 380 THROUGH 570 OF TITLE 13, CHAPTER 36 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. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 090 OF TITLE 2, CHAPTER 96 (RETIREMENT PLAN) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 20460 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Feenstra, Gundersen, Bennett, Ventura, Taylor, Bishop NAYS: None The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 140C OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) 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 The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) 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. 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 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) 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. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 20461 On a motion by Councilman Bennett, seconded by Councilwoman Gundersen, it was #592-83 RESOLVED, that having considered a communication from the City Planning Commission, dated May 13, 1983, which sets forth its resolution 5-73-83 adopted on May 3, 1983, with regard to Petition 83-3-1-9 submitted by Albert A. Dettore & Associates, Inc. , for a change of zoning on property located on the east side of Farmington Road, south of the C & 0 Railway in the Southwest 1/4 of Section 27, from M-1 to M-2, and the Council having conducted a public hearing with regard to this matter on July 11, 1983, pursuant to Council Resolution 428-83, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 83-3-1-9 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bennett, Ventura, Taylor, Bishop NAYS: None On a motion by Councilman Bennett, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the City Planning Commission, dated May 31, 1983, which sets forth its resolution 5-86-83 adopted on May 17, 1983, with regard to Petition 83-3-2-10 sub- mitted by Thomas Schuon, requesting waiver use approval to expand an existing business on the south side of Eight Mile Road between Merriman and Osmus in the Northeast 1/4 of Section 3, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on July 11, 1983, pursuant to Council Resolution 429-83, the Council does hereby refer this item to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bennett, Ventura NAYS: Feenstra, Taylor, Bishop The Vice President declared the resolution denied. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was RESOLVED, that having considered a communication from the City Planning Commission, dated May 31, 1983, which sets forth its resolution 5-86-83 adopted on May 17, 1983, with regard to Petition 83-3-2-10 submit- ted by Thomas Schuon, requesting waiver use approval to expand an existing 20462 business on the south side of Eight Mile Road between Merriman and Osmus in the Northeast 1/4 of Section 3, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on July 11, 1983, pursuant to Council Resolution 429-83, the Council does hereby concur in the recommendation of the City Planning Commission and the said petition 83-3-2-10 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Taylor, Bishop NAYS: Gundersen, Bennett, Ventura The Vice President declared the resolution denied. On a motion by Councilman Ventura, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from the City Planning Commission, dated May 31, 1983, which sets forth its resolution 5-86-83 adopted on May 17, 1983, with regard to Petition 83-3-2-10 submitted by Thomas Schuon, requesting waiver use approval to expand an existing business on the south side of Eight Mile Road between Merriman and Osmus in the Northeast 1/4 of Section 3, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on July 11, 1983, pursuant to Council Resolution 429-83, the Council does hereby refer this item to the Committee of the Whole for further consideration. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #593-83 RESOLVED, that having considered a communication from the City Planning Commission, dated May 31, 1983, which sets forth its resolution 5-86-83 adopted on May 17, 1983, with regard to Petition 83-3-2-10 submit- ted by Thomas Schuon, requesting waiver use approval to expand an existing business on the south side of Eight Mile Road between Merriman and Osmus in the Northeast 1/4 of Section 3, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on July 11, 1983, pursuant to Council Resolution 429-83, the Council does hereby table the motion on said Petition 83-3-2-10 until the next full council meeting. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Bennett, Ventura, Taylor, Bishop NAYS: Gundersen The Vice President declared the resolution adopted. 1111, On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 20463 lim #594-83 RESOLVED, that having considered a communication from the City Planning Commission, dated May 26, 1983, which sets forth its resolution 5-88-83 adopted on May 17, 1983, with regard to Petition 83-4-2-13 submit- ted by Daniel M. Robin requesting waiver use approval to utilize an SDD license in connection with a party store proposed to be located on the southeast corner of Plymouth and Levan in the Northeast 1/4 of Section 32, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on July 11, 1983, pursuant to Council Resolution 430-83, the Council does hereby concur in the recommendation of the City Planning Commission and the said petition 83-4-2-13 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #595-83 RESOLVED, that having considered a communication from the City Planning Commission, dated May 26, 1983, which sets forth its resolution 5-91-83 adopted on May 17, 1983, with regard to Petition 83-4-2-16 sub- mitted by Daniel M. Robin requesting waiver use approval to utilize an SDM license in connection with a party store proposed to be located on the southeast corner of Plymouth and Levan Roads in the Northeast 1/4 of Section 32, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on July 11, 1983, pursuant to Council Resolution 431-83, the Council does hereby concur in the recom- mendation of the City Planning Commission and the said Petition 83-4-2-16 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. On a motion by Councilman Taylor, seconded by Councilman Bennett, it was #596-83 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 245 for a street improvement consisting of the placement of 4" of asphalt on the existing roadway on Flamingo Avenue between Lyndon and Nye Court in Section 23, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, chapter 8 of the Livonia Code of Ordin- ances, as amended, a public hearing thereafter having been held thereon on Monday, July 11, 1983, at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of said street improvement to be constructed in Special Assessment District No. 245; and WHEREAS, the City Council has heard and carefully considered all objection: made to said assessments; NOW, THEREFORE, BE IT RESOLVED, THAT• (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated May 9, 1983, in the amount of $16,427.16, 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; 20464 (2) Said Special Assessment Roll No. 245 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 in anticipation of the collection of the unpaid assessments on the said special assessment roll, said rate of interest shall be adjusted to a rate which is not more than 1%o above the average rate of interest borne by said bonds. In such cases where the installment: 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, 1984 and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 3.08.130 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 3.08.190 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 3.08.190. Any property owner assessed may, within sixty (60) days from December 1, 1983 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1984 City tax roll in the manner required by Section 3.08.210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1, 1983 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, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3.08.200 or after the expiration of the sixty (60) day period as provided by Section 3.08.220, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; and (6) The City Council hereby determines to pay a portion of the cost of the said improvement within the said district in the sum of $11,898.91. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bennett, Ventura, Taylor, Bishop NAYS: None 20465 On a motion by Councilman Feenstra, seconded by Councilman Ventura, it was #597-83 WHEREAS, pursuant to Act No. 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial develop- ment districts within the boundaries of the City of Livonia; and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and housing a facility consisting of 12,000 sq. ft. located on Lot 20 of Jeffries Freeway Industrial Park Subdivision, Livonia, Michigan, Wayne County, more particularly described in Exhibit A attached hereto and in- corporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No. 11"; and WHEREAS, written notice has been given by certified mail to Prestole Corporation of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No. 11; and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No. 11; and WHEREAS, on July 11, 1983, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No. 11, at which time Prestole Corporation and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of Prestole Corporation attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS: 1. An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto. 2. Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No. 11." EXHIBIT A Lot 20 of Jeffries Freeway Industrial Park Subdivision, Livonia, Wayne County, Michigan. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Ventura, Bishop NAYS: Bennett, Taylor The Vice President declared the resolution adopted. 20466 On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #598-83 RESOLVED, that having considered a communication from the Depart- ment of Law, dated July 14, 1983, submitted pursuant to Council Resolution 316-83, transmitting for Council acceptance a Deed for Michigan dated April 21, 1983, executed by Carl Pittler, Chief Disposition Section, Field Officer, for and on behalf of Samuel R. Pierce, Jr. , Secretary of Housing and Urban Development, conveying to the City certain property described as follows: Lot 297 THE ARGONNE SUBDIVISION, as recorded in Liber 40, Page 5 of Plats, Wayne County Records. 20120 Deering the Council, for and on behalf of the City of Livonia, does hereby determine to accept the aforesaid Deed for Michigan; further, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City-owned and tax exempt. A rollcall vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bennett, Taylor, Bishop NAYS: Ventura The Vice President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Ventura, it was RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated July 18, 1983, which bears the signature of the Finance Director and is approved by the Mayor, the Council does hereby authorize Corona Construction, Inc. , 500 Stephenson Highway, Suite 212, Troy, Michigan 48084, to construct a vestibule for the Fire Station Center for the price of $2606.00, $2100.00 of which is hereby appropriated and authorized to be expended from a grant received from the Michigan Office of Services to the Aging and the balance of which is hereby appropriated and authorized to be expended from Community Development Block Grant Funds; further, the Council does hereby authorize the said item 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 3.04.140 D, 4 & 5 of the Livonia Code of Ordinances, as amended. On a motion by Councilwoman Gundersen, seconded by Councilman Feenstra, it was #599-83 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated July 18, 1983, which bears the signature of the Finance Director and is approved by the Mayor, the Council does hereby authorize Edington Construction Company, 15670 20467 Edington, Livonia, Michigan 48154+, to construct a vestibule for the Fire Station Center for the price of $2615.00, $2100.00 of which is hereby appropriated and authorized to be expended from a grant received from the Michigan Office of Services to the Aging and the balance of which is hereby appropriated and authorized to be expended from Community Develop- ment Block Grant Funds; further, the Council does hereby authorize the said item 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 3.011.1110 D, 4 & 5 of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bennett, Ventura, Bishop NAYS: Taylor The Vice President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #600-83 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated July 11, 1983, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of Superior School Equipment Co. , Inc., 32903 North- western Highway, Farmington Hills, Michigan 48018, for furnishing and installing a partition in the Civil Service Meeting Room for the price of $1156.00, the same having been in fact the lowest and only bid received and meets specifications; Further, the Council does hereby authorize the transfer of the sum of $4156.00 from the General Fund Rental Revenue Account to the Capital Outlay Budget Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bennett, Ventura, Taylor, Bishop NAYS: None On a motion by Councilman Taylor, seconded by Councilman Bennett, it was RESOLVED, that having considered the report and recommendation of the Fire Chief, dated July 8, 1983, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Hawkins Equipment Company, 74+7 Orchard Lake Road, Pontiac, Michi- gan, for the repair of a leak in a 3,000 gallon gas tank for the Fire Division for the price of $3195.00, the same having been in fact the lowest bid received and meets specifications; further, the Council does hereby appropriate and authorize the expenditure of the sum of $3195.00 from Equipment Maintenance Account 338-778.000.000 for this purpose. 201.68 On a motion by Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #601-83 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated July 8, 1983, approved by the Director of Finance and approved for submission by the Mayor, and having further considered the information provided by the Fire Chief at the Council meeting of July 27, 1983, the Council does hereby refer this matter back to the Fire Chief for his review and recommendation regarding the possible purchase and installation of a new fiberglass tank. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #602-83 RESOLVED, that having considered a petition submitted by certain residents on Schoolcraft between Hix and Newburgh received by the Office of the City Clerk on July 6, 1983, the Council does hereby amend and revise council resolution 362-83 adopted on May 18, 1983, so as to delete the approval therein provided to construct and install sidewalks on the I-96 North Service Road (Schoolcraft Road) from Hix Road to Newburgh Road; and the Engineering Division is hereby authorized to do all things neces- sary or incidental to the full performance of this resolution. On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #603-83 RESOLVED, that having considered a communication from the Per- sonnel Director, dated July 5, 1983, approved by the Finance Director and approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on May 12, 1983, wherein it is recommended that effective December 1, 1983 the following rates shall be established for hockey officials: Mites $8.00 for 2 men or $10 00 for 1 man Squirts $8.00 Pee Wee $9.00 Bantams $9.00 Midgets $10.00 Juniors $11.00 Girls $10.00 The Council does hereby concur in and approve of such action. On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, it was 20+69 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 29, 1983, approved by the Director of Public Works and approved for submission by the Mayor Pro Tem, with regard to the necessity to relocate an existing primary power line at the northwest cor- ner of Farmington and Lyndon in connection with the construction of a building by MetroVision of Livonia, Inc., the Council does hereby authori.e the City Clerk to sign a "Detroit Edison Joint R/W" form on behalf of the City on the basis of an Alternate II Route which would extend the existing pole line within Ford Field easterly to Farmington Road, then northerly on Farmington Road, then westerly along the north boundary of the MetroVisio4 Site to intercept the existing pole line. On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #604-83 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 29, 1983, approved by the Director of Public Works and approved for submission by the Mayor Pro Tem, with regard to the necessity to relocate an existing primary power line at the northwest corner of Farmington and Lyndon in connection with the construction of a building by MetroVision of Livonia, Inc., the Council does hereby refer this matter to the Engineering Department for its report and recommendation as to the feasibility of placing the electrical service for the MetroVision Head- quarters Building underground using either a Farmington Road path or the easements along the Silver Village property line. On a motion by Councilman Ventura, seconded by Councilman Feenstra, and unanimously adopted, it was #605-83 RESOLVED, that having considered a communication from the City Engineer, dated July 14, 1983, which bears the signature of the Director ca' Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, which submits a report prepared by the Division of Engineering and Inspection, with regard to a proposed sanitary sewer extension to the northwest corner of the City, submitted pursuant to Council Resolution 296-83, the Council does hereby determine as follows- 1. To authorize proceeding with a project to (1) construct the Seven Mile Sanitary Sewer Extension and (2) construct sanitary sewers for the residential areas in the S.E. 1/4+ of Section 6 (shown as Phase I in the Cost Estimates Section of report) provided that sanitary sewers on Bethany and St. Martins be constructed subject to right-of-way and/or easements being provided by property owners on these streets at no cost to the City, 2. To request the Wayne County Board of Public Works to authorize the use of surplus funds from prior. S-zlitary Sewer Bond issues lis for the purpose of constructing the Seven Mile Road Sanitary Sewer Extension and sanitary sewers on Newburgh, St. Martins, Northland and Bethany in the S. E. 1/4 of Section 6 of the City, as shown in the Engineering and Inspection Division's report of July 14, 1983, 20470 3. To authorize the Division of Engineering and Inspection and the Department of Law to take whatever steps are necessary, including the obtaining of appraisals and the conducting of negotiations, to obtain the rights-of-way and/or easements needed to construct the Phase I sanitary sewer project; 4. To retain the firm of Orchard, Hiltz & McCliment for the purpose of providing professional engineering services for the Phase I sanitary sewer project and, in connection therewith to authorize the Department of Law to prepare an Engineering agreement for the services to be provided and to thereafter submit said agreement to the Council for approval; AND, FURTHER, the Council does hereby refer to the Water and Sewer Committee for its report and recommendation the matter of determining participation in the cost of the Seven Mile Sanitary Sewer Extension by property owners who will receive the benefit of such an improvement. On a motion by Councilman Taylor, seconded by Councilman Ventura, it was #606-83 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 21, 1983, and the report and recommendation of the Chief of Police, dated July 12, 1983, in connection therewith, the Council does hereby approve of a request from Evon's Meat Market, Inc., for transfer of ownership of a 1982-83 SDM licensed business from Pisto's Enterprises, Corp., located at 33521 West Eight Mile Road, Livonia, Michigan 48152; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bennett, Ventura, Taylor, Bishop NAYS: Feenstra The Vic( President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was #607-83 RESOLVED, that having considered a communication from the City Planning Commission, dated July 1, 1983, which transmits its resolution 6-125-83 adopted on June 21, 1983, with regard to Petition 83-4-3-1 submitted by the City Planning Commission pursuant to Council Resolution 273-83, to vacate an alley located north of Plymouth Road between Arcola and Inkster in the S.E. 1/4 of Section 25, the Council does hereby reject the recommendation of the Planning Commission in part and does hereby grant and approve the said petition 83-4-3-1 with respect to where the said alley adjoins lots 41 through 44 only; and the Department of Law is hereby re- quested to prepare the necessary vacating ordinance in accordance with this resolution. 20+71 A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bennett, Ventura NAYS: Taylor Bishop The Vice President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilwoman Gundersen, and unanimously adopted, it was #608-83 RESOLVED, that having considered a communication from the City Planning Commission, dated June 14, 1983, which transmits its resolution 6-115-83 adopted on June 7, 1983, with regard to the revised site plan submitted in connection with Petition 81-1-2-1 by J. D. Dinan requesting waiver use approval to construct buildings for general office uses on the southwest corner of Brentwood and Eight Mile Roads in the N.E. 1/4 of Section 1, the Council does hereby concur in the recommendation of the Planning Commission and the revised site plan as submitted herein is hereby approved, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, it was #609-83 RESOLVED, that having considered a communication from the City Planning Commission, dated June 28, 1983, which transmits its resolution 6-121-83 adopted on June 21, 1983, with regard to Petition 83-6-2-20 submitted by Edwin L. Laupmanis requesting waiver use approval to construct a funeral home on the west side of Wayne Road between Joy Road and Ann Arbor Trail in the Southwest 1/4 of Section 33, which property is zoned P. S. , the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 83-6-2-20 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bennett, Ventura, Bishop NAYS: Feenstra, Taylor The Vice President declared the resolution adopted. On a motion by Councilman Bennett, seconded by Councilman Taylor, it was #610-83 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated July 27, 1983, submitted pursuant to Council Resolution 559-83, in connection with the report and recommendation of the City Engineer, dated June 8, 1983, approved by the 20472 Director of Public Works and approved for submission by the Mayor, with regard to an Irrevocable Commercial Letter of Credit drawn on the National Bank of Detroit in the total amount of $14,700 placed on file with the City Clerk by the proprietor of the Woodcreek Farms Subdivision No. 3, located in the Southeast 1/4 of Section 15, and the request of the aforesaid proprietor that the said Letter of Credit be accepted in order to cover the improvement bond requirements established in Council Resolu- tion 1054-81, adopted on December 7, 1981, in the total amount of $14,700 and that cash bonds totaling $4,600 now on file with the City be returned to United Homes, 24801 Five Mile Road, Detroit, Michigan 48239, the Council does hereby approve the acceptance of the letter of credit as described in the Chief Engineer's letter of June 8, 1983, conditioned upon the proprietor of the Subdivision performing the following work: 1) To install three water bibs for service to the eyebrow islands within the Subdivision within four weeks from the effective date of this resolution; 2) To install the final asphalt lift within 15 months of the effective date of this resolution; 3) To install or have installed an approved subdivision entrance marker within 15 months of the effective date of this resolution; Further, the cash bonds totaling $4,600 now on file with the City shall be returned to United Homes, 24801 Five Mile Road, Detroit, Michigan 48239, and the City Clerk is 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: Feenstra, Gundersen, Bennett, Ventura, Taylor, Bishop NAYS: None On a motion by Councilman Ventura, seconded by Councilman Taylor, and unanimasly adopted, it was #611-83 RESOLVED, that having considered a communication from the City Clerk, dated July 19, 1983, the Council does hereby rescind Council Reso- lution 652-82, adopted on September 8, 1982, which established S.A.D. No. 238, the action therein having been superseded by Council Resolution 513-83 adopted on June 29, 1983. On a motion by Councilman Feenstra, seconded by Councilman Ventura, and unanimously adopted, it was #612-83 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated July 19, 1983, with respect to a request from Arbor Drugs, Inc. for a new SDM License to be located at 29598 Seven Mile Road, Livonia, Michigan 48152, the Council does hereby recommend that the Liquor Control Commission deny the said request inasmuc1. 20473 as this application would be in violation of and in noncompliance with the requirements prescribed by the Livonia Zoning Ordinance 543, as amended; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Councilman Feenstra, seconded by Councilman Ventura, and unanimously adopted, it was #613-83 RESOLVED, that having considered a communication from the Michi- gan Liquor Control Commission, dated July 19, 1983, with respect to a request from Arbor Drugs, Inc. for a new SDD License to be located at 29598 Seven Mile Road, Livonia, Michigan 48152, the Council does hereby recommend that the Liquor Control Commission deny the said request inasmuch as this application would be in violation of and in noncompliance with the requirements prescribed by the Livonia Zoning Ordinance 543, as amended; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Councilman Bennett, seconded by Councilwoman Gundersen, and unanimously adopted, it was #614-83 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 Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #615-83 RESOLVED, that having considered a letter dated July 22, 1983 from Giuliano Soave, President of Villanova Construction Co. , Inc., 20764 Hugo Avenue, Farmington Hills, Michigan 48024, the Council does hereby amend and revise Council Resolution 556-83 adopted on July 13, 1983 so as to rescind the action taken therein with regard to Petition 83-5-1-14. On a motion by Councilman Ventura, seconded by Councilman Feenstra, and unanimously adopted, it was #616-83 RESOLVED, that having considered a letter dated July 22, 1983 from Giuliano Soave, President of Villanova Construction Co. , Inc., 20764 Hugo Avenue, Farmington Hills, Michigan 48024, and the Council having rescinded CR 556-83 adopted on July 13, 1983 so as to rescind the action taken therein with regard to Petition 83-5-1-14, the Council does further determine to table the subject Petition until such time as the petitioner desires further action. 20474 On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #617-83 RESOLVED, that having considered a letter dated July 22, 1983, from Joanne Aloe, 39115 Lyndon, Livonia, Michigan 48154, requesting permission to close Lyndon Street between Norman and Eckles on Saturday, August 27, 1983, from 3:00 p.m. until 10:00 p.m. , for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to approval of the Police Department. On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was #618-83 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Krandle, Thompson & Mier, P.C., attorneys for Allmand Associates, Inc. , dated June 14, 1983, covering planned expansion of industrial facilities within the City of Livonia Industrial Development District No. 6; 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 governmental unit in which the proposed expansion of facilities 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 Allmand Associates, 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 on Monday, July 25, 1983, at 8:00 p.m., 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 Counci], on the basis of the information received from the applicant, Allmand Associates, 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 appli- cant 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 Allmand Associates, Inc. covering the planned expansion of industrial facilities to be located within the City of Livonia Industrial District No. 6 for a period ending December 31, 1989. 20+75 A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bennett, Ventura, Taylor, Bishop NAYS: None On a motion by Councilman Bennett, seconded by Councilman Taylor, and una._.;.mously adopted, it was #619-83 RESOLVED, that having considered a letter dated July 27, 1983, from Jamie Coe, of Jamies on 7, the Council does hereby approve the use of Bicentennial Park for the dates of August 19 and 20, and Ford Field for the date of August 21, for use by Jamies on 7 and the Livonia Heart Fund for purposes of conducting a softball tournament and for the selling of beer, soft drinks and hot dogs during the exercise of the softball events, the proceeds of which will be donated to the Livonia Heart Fund conditioned upon the following: 1) The issuance of a proof of liability insurance statement to hold the City harmless to be issued to the City Clerk; and 2) To restrict the sale and consumption of the beverages and food to a designated area of the designated park site; and the City Clerk and Law Department are requested and authorized to do all things necessary or incidental to the full performance of this resolution. By Councilman Feenstra, seconded by Councilwoman Gundersen, and unanimous- ly adopted, this 1011th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:30 p.m., July 27, 1983. %7?frAte Ne1/41-1 ROBERT F. NASH, CITY CLERK