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HomeMy WebLinkAboutCOUNCIL MINUTES 1983-10-12 20547 MINUTES OF THE ONE THOUSAND AND SIXTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 12, 1983, 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 Taylor delivered the invocation. Roll was called with the following result. Present: Robert E. McCann, Gerald Taylor, Fernon P. Feenstra, Alice Gundersen, Robert R. Bishop and Robert D. Bennett; absent. Peter A. Ventura*. *Mr. Ventura is recuperating from surgery in the hospital. Elected and appointed officials present: Robert F. Nash, City Clerk; Patricia Miencier, Deputy City Clerk; Harry C. Tatigian, City Attorney; Russ Gronevelt, Supt. of Public Service; G. E. Siemert, Chief Engineer; John J. Nagy, Planning Director; and Michael Reiser, Officer of Emergency Preparedness. By Councilman Bennett, seconded by Councilman Bishop, and unanimously* adopted, it was #755-83 RESOLVED, that the minutes of the 1,015th Regular Meeting of the Council of the City of Livonia, held September 28, 1983, are hereby approved. *Councilwoman Gundersen abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.119 of the Livonia Code of Ordinances. The Financial Statements for the month ending August 31, 1983, submitted by the Director of Finance, were received and placed on file for the information of the Council. The Communication from the Department of Law, dated September 27, 1983, regarding the Jeffrey Lauren Land. Company v The City of Livonia Supreme Court Docket No. 70330 - Application for Leave to Appeal, was received and placed on file for the information of the Council. The following resolutions were offered by Councilman Taylor and seconded by Councilman Feenstra: 20548 #756-83 RESOLVED, that having considered the report and recommendation of the City Engineer dated September 14, 1983, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Paragon Properties, 29200 Southfield, Southfield, Michigan 48076, the proprietor of Paragon Industrial Sub- division located in the NW 1/4 of Section 29, of the Financial Assurances previously deposited with respect to the Soil Erosion and Sedimentation Bond and the monuments and markers escrow, pursuant to Council Resolution 868-79, and subsequently amended by Council Resolutions 597-82 and 798-82; further, all other financial assurances now on deposit with the City shall remain the same and unchanged; and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed, in accor- dance with the rules and regulations and ordinances of the City of Livonia. #757-83 RESOLVED, that having considered a communication from the Director of Finance dated September 15, 1983, which pursuant to Council Resolution 51-75 submits an annual report with respect to general deposi- tories and collecting agents for taxes and water bills, the Council does hereby refer this item to the Finance and Insurance Committee in order to review the matter of general depositories and thereafter submit its report and recommendation. #758-83 RESOLVED, that having considered the report and recommendation of the City Engineer dated September 19, 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, and the attached invoice of the Wayne County Road Commission, the Council does hereby authorize final payment in the amount of $1,688.35 to the Board of Wayne County Road Commission, which sum includes full and complete balance due to cover the City's share of the cost of the installation of a traffic signal at the intersection of Six Mile and Levan Roads, which traffic signal was authorized to be installed, in Council Resolution 746-80 adopted on August 20, 1980; and the Council does hereby appropriate and authorize the additional sum of $88.35 from the Motor Vehicle Highway Fund Receipts (Major Road Account), for this purpose. The Communication from the Department of Public Works, Division of Engineering, dated September 19, 1983, regarding the Final Construction Cost of the Improvement of Middlebelt, 1-96 to Five Mile Road, was received and placed on file for the information of the Council. #759-83 RESOLVED, that having considered the report and recommendation of the City Engineer dated. September 20, 1983, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution 628-83 in connection with a communication from Donald J. Bist, 33424 Wexford, Westland, Michigan, dated. August 10, 1983, regarding the question of error in assessment costs and, possible credit for existing sanitary sewer on his property located on Wayne Road, 20549 south of Seven Mile, the Council does hereby determine to take no further action with regard to the items raised in Mr. Bist's letter of August 10, 1983; further, the Council does hereby amend and revise paragraph 3 of Council Resolution 513-83, adopted on June 29, 1983, with regard to S.A.D. No. 244 so as to provide that the roll shall be divided into fifteen (15) equal annual installments rather than ten (10) equal annual installments, with the balance of the said resolution 513-83 to remain in full force and effect. #760-83 RESOLVED, that having considered a communication from the Department of Law, dated September 26, 1983, submitted pursuant to Council Resolution 540-83, transmitting for Council acceptance a warranty deed dated September 20, 1983, executed by Stella Cartwright conveying to the City certain property described as follows: The East 30 feet of the North 120 feet of the South 1,042 feet of the West 220 feet of the East 1/2 of the Southwest 1/4 of Section 25, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan. (Camden Avenue right-of-way - Part of Bureau of Taxation Parcel 2505a45b) the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid warranty deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; 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. #761-83 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated May 24, 1983, and the report and recom- mendation of the Chief of Police dated September 20, 1983, in connection therewith, the Council does hereby approve of the request from Janet and Suzanne V. Hajal for transfer of ownership of 1983-84 OM licensed business from 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. #762-83 RESOLVED, that having considered a communication from the Planning Director dated September 9, 1983, to which is attached a proposed hold- harmless contract between the City of Livonia and the Community Commission on Drug Abuse (CCODA), the purpose of which is to protect the City in the event that funds provided from the C.D.B.G. Program are misappropriated or are spent in violation of the terms of the contract, the Council does hereby request and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution. W763-83 RESOLVED, that having considered a communication from the Planning Director dated September 9, 1983, to which is attached a proposed hold- harmless contract between the City of Livonia and First Step, the Western Wayne County Project on Domestic Assault, a Michigan non-profit corporation, 20550 the purpose of which is to protect the City in the event that funds provided from the C.D.B.G. Program are misappropriated or are spent in violation of the terms of the contract, the Council does hereby request and authorize the Mayor and. City Clerk, for and on behalf of the City of Livonia, to execute the said contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution. *764-83 RESOLVED, that having considered a communication from the Department of Law dated September 21, 1983, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of S1,500 from the Court Expense Account 101-222-826 to the Capital Outlay - Books Account 101-222-978, the action herein being taken in order to continue to keep the law library current and up-to-date. #765-83 RESOLVED, that having considered a communication from Mr. & Mrs. Charles Aitchison and certain other residents on Purlingbrook, received by the Office of the City Clerk on September 20, 1983, wherein a request is submitted for a paving improvement on Purlingbrook between St. Martins and Eight Mile and on Bretton between Purlingbrook and FlAmingo, the Council does hereby refer this item to the Engineering Division for its report and recommendation. #766-83 RESOLVED, that having considered a communication from the City Treasurer dated September 21, 1983, with regard to MCLA 211.44(7) (which provides that the Treasurer shall not impose a property tax administration fee or late penalty charge unless the City Council approves by resolution or ordinance an authorization for the imposition of such administration fee or late penalty charge) and MCLA 211.59 (which provides a collection fee for collections made after March 1st. ), the Council does hereby refer this item to the Department of Law for a report (clarification) and recom- mendation. #767-83 RESOLVED, that having considered a communication from the Director of Community Resources dated September 16, 1983, approved by the Director of Finance and the Mayor, the Council does hereby, for and on behalf of the City of Livonia, accept a gift and donation of one (1) Texas Instruments Home Computer from Mr. & Mrs. E. McLeod, 32060 Washington, Livonia, Michigan. #768-83 RESOLVED, that having considered the report and recommendation of the City Engineer dated September 20, 1983, approved by the Director of Public Works and approved for submission by the Mayor with regard to a request from the Western Wayne County Association of Plumbing Contractors for a waiver of all plumbing and electrical inspection fees for work to be completed at 20403 Hugh Avenue by the Western Wayne County Association of Plumbing Contractors at no expense to the owner, the Council does, in accordance with Section .040 and .050 of Chapter 56 of Title 15 of the Livonia Code of Ordinances, waive all plumbing and electrical inspection fees in the manner and form herein requested. 20551 #769-83 RESOLVED, that having considered a request from the Michigan Liquor Control Commission, and the report and recommendation of the Chief of Police dated September 15, 1983 in connection therewith, the Council does hereby approve of the request from Gary Atkinson to be appointed personal representative for the estate of William Joseph Atkinson, deceased, holder of 1983 Class C License with Sunday Sales Permit and Dance Permit, located at 32826 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #770-83 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, and the report and recommendation of the Chief of Police dated September 20, 1983 in connection therewith, the Council does hereby approve of the request from Bashara Bowling Enterprises, Inc. for transfer of stock interests in 1983 Class C licensed business with official permit (bowling) and permission for sale, service and consumption of alcoholic beverages in concourse area, located at 28455 Plymouth Road, Livonia, Michigan 48150, Wayne County, from existing stockholder, George Bashara to existing stockholders, George Bashara, Jr. , and William G. Bashara; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #771-83 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated July 19, 1983, and the report and recommendation of the Acting Chief of Police dated September 15, 1983 in connection therewith, the Council does hereby approve of the request from Eddie E. Ayyash for transfer of ownership of 1983 SDD-SDM licensed business located at 34950 Ann Arbor Trail, Livonia, Michigan in Wayne County, from George F. and Patricia H. Hissong; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #772-83 RESOLVED, that having considered a communication from the City Planning Commission dated September 12, 1983 which transmits its resolution 8-180-83, adopted on August 30, 1983, with regard to Sign Permit Application #390, submitted by Robert D. Blair III for approval to erect a sign on a building to be located on the south side of Seven Mile Road between Farmington and Wayne Roads in Section 9, the Council does hereby concur in the recommendation of the Planning Commission and sign permit application #390 is hereby approved and granted subject to compliance with the condition attached to the aforesaid recommendation of the Planning Commission. #773-83 RESOLVED, that having considered the report and recommendation of the Police Chief dated September 30, 1983 with regard to House Bill 4723 which provides that lockups and holding centers which hold people for less than 72 hours would not be inspected and regulated by the Department of Corrections, the Council takes this means to express its unqualified support of House Bill 4723 and to urge that Representative Jack Kirksey and State Senator Robert Geake do all things necessary to support the adoption of House Bill 4723; and the City Clerk is hereby requested to forward a copy of this resolution to Representative Kirksey and Senator Geake. 20552 #774-83 RESOLVED, that having considered a communication from the City Planning Commission dated September 12, 1983 which transmits its resolu- tion 8-171-83, adopted on August 30, 1983, with regard to Petition 83-6-3-5 submitted by the City Planning Commission on its own motion to vacate an easement located on the north side of Schoolcraft Service Drive east of Middlebelt in the Southeast 1/4 of Section 24, the Council does hereby concur in the recommendation of the City Planning Commission and does grant the said petition 83-6-3-5; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. #775-83 RESOLVED, that having considered a communication from the City Planning Commission dated September 12, 1983, which transmits its resolu- tion 8-173-83, adopted on August 30, 1983, wherein the Commission did amend Part I of the Master Plan, the Master Thoroughfare Plan, so as to change the designation of Pembroke Avenue between Purlingbrook and Merriman Road in Section 2 from a half-mile collector street to a local residential street, the Council does hereby certify and acknowledge the receipt of same. #776-83 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated August 4, 1983, and the report and recommendation of the Chief of Police dated September 27, 1983 in connection therewith, the Council does hereby approve of the request from the Southland Corporation to add Adrienne Iris Wilson and Kenneth Allan Wilson as co- licensees with them in the 1983-84 SDM licensed business located at 8998 lbor Middlebelt Road, Livonia, Michigan 48150; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #777-83 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.293)4; MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, November 14, 1983 at 7:00 p.m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item: Petition 83-4-1-12, submitted by the City Planning Commission for a change of zoning of property located on the west side of Middlebelt Road between Greenland and Puritan Avenues in Section 14, from RUF to P.S., the City Planning Commission in its resolution 9-194-83 having recommended to the City Council that Petition 83-4-1-12 be approved; 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 amendment to the Zoning Ordinance, and (b) location of the proposed change of zoning as set forth above, 20553 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 result: AYES: Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was #778-83 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated October 3, 1983 and submitted pursuant to Council Resolution 651-81, adopted on July 22, 1981, with regard to a resolution adopted by the Civil Service Commission on September 22, 1983, wherein the Commission did recommend the following: 1. Consolidate the proposed Recreation Aide I and Recreation Aide II classifications. 2. Set up 3 levels of pay for each classification. 3. Establish the following positions and rates of pay: Recreation Aide $3.35/hr. first year 3.45/hr. second year 3.55/hr. third year Assistant Recreation Leader 3.70/hr. first year 3.80/hr. second year 3.90/hr. third year Recreation Leader 4.00/hr. first year 4.15/hr. second year 4.30/hr. third year Recreation Specialist 4.50/hr. first year 4.65/hr. second year 4.80/hr. third year Figure Skating Instructor 9.00/hr. Figure Skating Supervisor 11.00/hr. the Council does hereby concur in and approve of the aforesaid action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None 20554 Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 420 OF TITLE 2, CHAPTER 96 (RETIREMENT PLAN) 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 Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 010A AND 010B OF TITLE 1, CHAPTER 12 (GENERAL PENALTY) 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 low meeting of the Council. Councilman Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 020A 1 OF TITLE 2, CHAPTER 32 (UNCLAIMED PERSONAL PROPERTY) 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 Feenstra gave first reading to the following Ordinance: AN ORDINANCE REPEALING SECTION 050 OF TITTR 5, CHAPTER 66 (PEDDLERS, TRANSIENT MERCHANTS AND SOLICITORS) 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. 20555 Councilman Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 010 OF TITLE 5, CHAPTER 84 (TAXICABS) 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 Feenstra gave first reading to the following Ordinance: AN ORDINANCE REPEALING SECTIONS 110, 120, 130, 140, 150 and 170 OF TITLE 8, CHAPTER 36 (LITTERING) 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 Feenstra gave first reading to the following Ordinance: AN ORDINANCE REPEALING CHAPTER 52 (POSTING) OF TITLE 9 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 Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 130 OF TITLE 10, CHAPTER 18 (CERTIFICATES AND LICENSES) OF THE LIVONIA CODE OF ORDINANCES. 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. 20556 Councilman Feenstra gave first reading to the following Ordinance: LAN ORDINANCE AMENDING SECTION 050A OF TITLE 10, CHAPTER 21 (TRAFFIC VIOLATIONS) 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 Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 140B AND 260 AND REPEALING SECTIONS 020B, 150 AND 160B OF TITLE 10, CHAPTER 33 (DRIVING REGULATIONS) 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. L The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 040 OF TITLE 10, CHAPTER 66 (VEHICLE EQUIPMENT) 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 Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 020 AND REPEALING SECTIONS 030 AND 070 OF TITLE 10, CHAPTER 69 (MUFFLERS AND EXHAUST SYSTEMS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in Lthe office of tne 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. 20557 Councilman Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 010A OF TITLE 10, CHAPTER 84 (BICYCLES, MOPEDS, MOTORCYCLES AND SIMILAR VEHICLES) 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. On a motion by Councilman Bishop, seconded by Councilwoman Gundersen, it was #779-83 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works dated September 27, 1983, approved for submission by the Mayor, the Council does hereby authorize the Director of Public Works to terminate the current contract between the City of Livonia and Zelda Elevator Company; further the Council does hereby authorize the Mayor and City Clerk to execute a one (1) year service maintenance contract at a monthly rate of $545.89 with Schindler Haughton Elevator Corporation, 1409 G Allen Drive, Troy, Michigan 48084 in the manner and form herein submitted; 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. 5 of the Livonia Code of Ordinances, as amended; and the Council does hereby appropriate and authorize the expenditure of the sum of $4,908 to be paid to Schindler Haughton Elevator Corporation for six (6) months clean-up in accordance with their proposal dated September 30, 1983. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None On a motion by Councilman Taylor, seconded by Councilman Bishop, it was #780-83 RESOLVED, that having considered the report and recommendation of the Department of Law, dated September 19, 1983, approved for submission by the Mayor, with respect to the addition of a 1% property tax admini- stration fee on taxes voluntarily paid before February 15 of each succeeding year, as provided for in Section 44 of the General Property Tax Law (MCLA 211.44), the Council of the City of Livonia takes this means to determine that with respect to the preparation of 1983 tax rolls and tax statements (including summer school and college property taxes) 20558 that the same shall not include, and the Council does hereby expressly waive, the addition of a 1% property tax administration fee; further, that this action shall continue in fall force and effect with regard to ll future (1984 and thereafter) tax rolls and tax statements (including summer school & college property taxes) unless the waiver herein authorized is rescinded and repealed by future action and subsequent resolution of the City Council; and the City Assessor, the City Treasurer and the City Clerk are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following results: AYES: Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None On a motion by Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #781-83 RESOLVED, that having considered a communication from the Department of Law dated September 19, 1983, with regard to the waiver of a 1% property tax administration fee, and the action taken in Council Resolution #780-83, the Council does hereby request that the Department of Law submit its report and recommendation on whether or not the Council need take any further action to waive a 1% property tax administration fee on summer school and college taxes. On a motion by Councilman Bishop, seconded by Councilwoman Gundersen, it was #782-83 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, and the report and recommendation of the Chief of Police dated September 22, 1983 in connection therewith, the Council does hereby approve a request from Roosevelt Reese for a new SDM license to be located at 16324 Middlebelt Road, Livonia, Michigan 48154; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, Bennett, McCann NAYS: Feenstra The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Bishop, it was #783-83 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated May 10, 1983, and the report and recommendation of the Chief of Police dated September 22, 1983 in connection therewith, with respect to a request from Ray Santini 20559 for a transfer of ownership of 1981-82 licensed business in escrow from Hildegard. L. Sackleh, located at 31236 Five Mile Road, Livonia, Michigan 48154, the Council does hereby recommend that the Michigan 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, 53; 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: Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #784-83 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated July 8, 1983, and the report and recommendation of the Acting Chief of Police dated September 15, 1983 in connection therewith, with regard to a request from Eunice K. Mubaraz for transfer of ownership of 1983-84 SDM licensed business from Charles S. Ouden, located at 31511 Plymouth Road, Livonia, Michigan 48150, the Council does hereby table this matter until such time as the petitioner has demonstrated that all outstanding taxes have been paid in full; 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 Bennett, it was RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated July 18, 1983, and the report and recommendation or the Chief of Police dated September 22, 1983 in connection therewith, with regard to a request from Raymond S. Garay, stockholder in Garay Ent. , Inc. for transfer of ownership of 1983 Class C licensed business with three bars and Dance-Entertainment Permit, located at 33201 Plymouth Road, Livonia, Michigan from John J. Sassak, the Council does hereby table this matter until the next regular meeting. A roll call vote was taken on the foregoing resolution with the following results: AYES: Feenstra, Gundersen, Bennett NAYS: Taylor, Bishop, McCann The President declared the resolution denied. On a motion by Councilman Bishop, seconded by Councilwoman Gundersen, it was 20560 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated July 18, 1983, and the report and recommendation of the Chief of Police dated September 22, 1983 in connection therewith, the Council does hereby approve of the request from Raymond S. Garay, Stockholder in Garay Ent. , Inc. for transfer of ownership of 1983 Class C licensed business with three bars and dance-entertainment permit, located at 33201 Plymouth Road, Livonia, Michigan 48150 from John J. Sassak; 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: Taylor, Bishop, McCann NAYS: Feenstra, Gundersen, Bennett The President declared the resolution denied. The President declared that this item be placed on the next regular meeting of the Council. On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #785-83 RESOLVED, that having considered a communication from the City Planning Commission dated September 12, 1983, which transmits its resolution 8-181-83, adopted on August 30, 1983, with regard to Sign Permit Application #421 submitted by Atlas Sign Company for approval to erect a sign on a building to be located on the south side of Seven Mile Road between Irving and Myron in the Northeast 1/4 of Section 9, the Council does hereby concur in the recommendation of the Planning Commission and does hereby grant and approve sign application #421 subject to compliance with the conditions set forth in the aforesaid action of the Planning Commission. On a motion by Councilman Bishop, seconded by Councilman Feenstra, it was RESOLVED, that having considered a communication from the City Planning Commission dated September 12, 1983, which transmits its resolution 8-182-83, adopted on August 30, 1983, with regard to Sign Permit Application #422 (diagram 21B), submitted by Atlas Sign Company for approval to erect a new sign on a building located on the south side of Seven Mile Road between Irving and Myron in the Northeast 1/4 of Section 9, the Council does hereby concur in the recommendation of the Planning Commission and does hereby grant and approve sign application #422 (Diagram 21B), subject to compliance with the conditions set forth in the aforesaid action of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Bishop NAYS: Gundersen, Bennett, McCann The President declared the resolution denied. 20561 On a motion by Councilman Bennett, seconded by Councilwoman Gundersen, it was #786-83 RESOLVED, that having considered a communication from the City Planning Commission dated September 12, 1983, which transmits its resolution 8-182-83, adopted on August 30, 1983, with regard to Sign Permit Application #422 (diagram 21A), submitted by Atlas Sign Company for approval to erect a new sign on a building located on the south side of Seven Mile Road between Irving and Myron in the Northeast 1/4 of Section 9, the Council does hereby concur in the recommendation of the Planning Commission and does hereby grant and approve sign application #422 (Diagram 21A), subject to compliance with the conditions set forth in the aforesaid action of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bennett, McCann NAYS: Bishop The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #787-83 RESOLVED, that having considered a communication from the City Planning Commission dated September 21, 1983, which transmits its resolution 9-183-83, adopted on September 20, 1983, with regard to the Site Plan submitted in connection with Petition 83-6-2-22 by Mohamed Bayed for waiver use approval to utilize an SDD license within a party store proposed to be constructed on the west side of Middlebelt Road between Schoolcraft and. Bentley in Section 23, the Council does hereby concur in the recommendation of the Planning Commission and the said site plan is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommenda- tion of the Planning Connission, as well as the additional condition that the trash enclosure shall be relocated behind the proposed building. On a motion by Councilman Bishop, seconded by Councilman Feenstra, it was #788-83 RESOLVED, that having considered a communication from the Department of Law, dated September 29, 1983, submitted pursuant to Council Resolution 481-83, transmitting for Council acceptance a Special Warranty Deed dated August 17, 1983, executed by Ronald W. Harwig, Assistant Vice President, and Satsuki N. Tuttrup, Assistant Secretary, Federal National Mortgage Association, conveying to the City certain property described as follows: Lot 261, Thomas Elliot Subdivision, as recorded in Liber 72, Page 19 of Plats, Wayne County Records. 20562 the Council, for and on behalf of the City of Livonia, does hereby determine to accept the aforesaid Special Warranty Deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; 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 roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None On a motion by Councilman Taylor, seconded by Councilman Bishop, it was 4789-83 RESOLVED, that having considered a communication from the City Clerk dated October 3, 1983, the Council does hereby amend and revise paragraphs 4 and 5 of Council Resolution 691-83 with respect to S.A.D. 42+6 and Council Resolution 692-83 with respect to S.A.D. #247 so as to provide a date of December 1, 1983 in lieu of December 1, 1984, the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Gundersen, Bishop, Bennett, McCann NAYS: Feenstra The President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #790-83 RESOLVED, that having considered a communication from the Honorable James R. McCann and Robert B. Brzezinski, District Judges for the 16th District Court, dated October 5, 1983, to which is attached a copy of Administrative Order 281 of the District Court, wherein it is requested that the appointment of Sean P. Kavanagh as 16th District Court Magistrate be approved, on the basis of an hourly rate of $10 per hour, based on 2,080 hours, with benefits afforded full-time employees included, the Council does hereby determine to concur in and approve of such appointment, effective upon certification and extending to July 31, 1984. On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was #791-83 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. 20563 iir On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #792-83 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City") the need for certain programs to alleviate and prevent conditions of unemployment and to 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 to retain employment opportunities in the City; and WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes has been initiated by the Economic Development Corporation of the City of Livonia (the "Corporation"); and WHEREAS, the Corporation in conformity with Act 338 of the Public Acts of Michigan, 19711., as amended ("Act 338"), and the Internal Revenue Code of 1954, as amended, has prepared and submitted a project plan (the "Project Plan") involving a commercial project to be undertaken on behalf of Newburgh Associates (the "Project"); and WHEREAS, pursuant to Act 338 it is necessary to hold a public hearing concerning the Project, the Project Plan and the bonds proposed therein to be issued by the Corporation (the "Bonds"), prior to taking legislative action relating to it; NOW, THEREFORE, BE IT RESOLVED THAT: 1. Pursuant to the aforesaid Act 338 the Council shall meet on November 11+, 1983, at 7:00 o'clock p.m., at which time it shall conduct a public hearing on the Corporation's submission of the Project Plan and the issuance by the Corporation of the Bonds. 2. The Clerk be and is hereby directed to give notice of such public hearing by (1) publishing a notice thereof in The Livonia Observer, a newspaper of general circulation in the City; (2) posting in at least ten (10) conspicuous and public places in the Project District Area; and (3) mailing to the last known owner of each parcel of real property in the Project District Area at the last known address of the owner as shown by the tax assessment records, which notices shall be published and given at least fourteen (111.) full days prior to the date set for said hearing. 3. Said notice shall be in substantially the following form: OFFICIAL NOTICE TO THE CITIZENS OF THE CITY OF LIVONIA OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROJECT PLAN AND THE ISSUANCE OF THE BONDS PROPOSED THEREIN AS SUBMITTED TO THE CITY COUNCIL OF THE iftwCITY OF LIVONIA BY THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF LIVONIA FOR NEWBURGH ASSOCIATES PROJECT 20564 PLEASE TAKE NOTICE that pursuant to Act 338 of the Public Acts of Michigan of 1974, as amended, The Economic Development Corporation of the City of Livonia has submitted a project plan to the City Council for its approval. Said project plan deals with the construction and equipping of a 18,500 square foot office facility to be owned and used by Newburgh Associates, and to be located on a project area or site described as follows: A parcel of land being a part of the Northwest 1/4 of the Northwest 1/4 of Section 17, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, more particularly described as: Beginning at a point on the West line of Section 17 (Centerline of Newburgh Road, 66 feet wide), said point being South 0 degrees 04 minutes 00 seconds East 661.37 feet from the Northwest corner of said Section 17, thence South 89 degrees 22 minutes 20 seconds East 665.00 feet to a point; thence South 0 degrees 06 minutes 15 seconds West 140.00 feet to a point; thence North 89 degrees 22 minutes 20 seconds West 664.68 feet to a point on the West line of Section 17, thence North 0 degrees 04 minutes 00 seconds West 140.00 feet to the point of beginning; except the Westerly 60 feet thereof conveyed to the City of Livonia by Deed recorded in Liber 16923, page 471. The street address of the facility is 16824 through 16846 Newburgh Road. Said project plan details all information required by law relative to said project and its impact on the community. No persons will be displaced from the project area as a result of this project. Said project plan also proposes the issuance of revenue bonds by said Economic Development Corporation in a maximum principal amount not to exceed $1,000,000 to assist in the financing of said project. The City Council will meet at 7:00 o'clock p.m., Monday, the 14th day of November, 1983, at the Livonia City Hall located at 33000 Civic Center Drive, Livonia, Michigan, and will conduct a public hearing. The public hearing shall consider the advisability of the City Council approving, modifying or rejecting by resolution said project plan and the issuance of bonds as proposed therein. THIS NOTICE is given pursuant to the requirements of Sections 10 and 17 of Act 338, Public Acts of Michigan, 1974, as amended. The project plan and relevant maps or plats are available for inspection at the City Clezk 's office. All interested citizens are encouraged and will be offered an opportunity at said hearing to address the City Council concerning said project, said project plan, and the bonds proposed to be issued. Written comments may also be submitted to the City Clerk prior to said hearing. City Clerk 20565 4. The City Clerk does hereby determine that the foregoing form of Low notice and the manner of publication directed is adequate notice to the citizens of the City and is well calculated to inform them of the intention of the Council to hold a public hearing and the purpose of the public hearing. 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #793-83 RESOLVED, that having considered a communication from the City Clerk dated October 11, 1983, to which is attached a letter from LPR Land Company dated October 3, 1983, wherein permission is requested by the Petitioner to withdraw from furtner consideration Petition 83-2-2-4 submitted by LPR Land Company requesting waiver use approval to construct a building for general office use on the northeast corner of Farmington Road and Lyndon Avenue in the Northwest 1/4 of Section 22 which property is zoned P.S., the Council does hereby grant the petitioner's request to withdraw this petition and does hereby determine to take no further action with regard to the same. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #794-83 RESOLVED, that having considered a letter from the Co-ordinator of the "Frost Holiday Craft Show" received by the office of the City Clerk on October 11, 1983, wherein permission is requested to place a "Frost Holiday Craft Show" announcement board on the southwest corner of Lyndon and Farmington Roads two weeks prior to the show, October 24, 1983, the Council does hereby grant permission in the manner herein requested subject to removal of the said sign by Sunday, November 6, 1983. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #795-83 RESOLVED, that having considered a communication from the Zoning Board of Appeals dated October 10, 1983, approved by the Finance Director, wherein funds are requested to employ a temporary full-time secretary for a six week period, the Council does hereby appropriate the transfer of the sum of $2,090.40 from the unexpended fund balance account to be transferred to account #101-815-702. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Gundersen,Bishop, Bennett, McCann NAYS: None 20566 On a motion by Councilman Feenstra, seconded by Councilwoman Gundersen, and unanimously adopted, it was #796-83 RESOLVED, that having considered a communication from Domino's Pizza, dated October 11, 1983, wherein a request is made for the use of a "Domino's Pizza" logo painted van equipped with a public address system to tour the residential streets boundried by Farmington Road to the west, Plymouth Road to the north, Joy Road to the south and. Inkster Road to the east, between the dates of October 12, 1983 and November 1, 1983, to be used 3 days per week between the hours of 12:00 Noon and Sunset, the Council does hereby deny the said request in that such request does not comply with the requirements set forth in the Livonia Code of Ordinances, Section 8.32.070, as amended, and for the further reason that the action taken herein is necessary to further the public welfare and to insure the public's rights of peace, tranquility and privacy. By Councilman Bennett, seconded by Councilwoman Gundersen, and unanimously adopted, this 1016th Regular Meeting of the Council of the City of Livonia was duly adjourned at 8:40 p.m. , October 12, 1983. Ir. ROBERT F. NASH, CITY CLERK