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HomeMy WebLinkAboutCOUNCIL MINUTES 1983-06-29 20405 MINUTES OF THE ONE THOUSAND AND NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 29, 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 8:05 p.m. . Councilman Ventura delivered the invocation. Roll was called with the following result: Present: Robert E. McCann, Peter A. Ventura, Gerald Taylor, Fernon P. Feenstra, Alice Gundersen, Robert R. Bishop. Absent:* Robert D. Bennett. Elected and appointed officials present• Edward H. McNamara, Mayor; Robert F. Nash, City Clerk; Harry C. Tatigian, City Attorney; G. E. Siemert, Chief Engineer; John J. Nagy, Planning Director; Joan Duggan, Community Resources Director; Jim Miller, Personnel Director; Jack Dodge, Finance Director; Lowell Peterson, Cable L TV Commission; Edwin Imonen, Traffic Commission. By Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #489-83 RESOLVED, that the minutes of the 1008th Regular Meeting of the Council of the City of Livonia, held June 15, 1983, are hereby approved. The following resolutions were offered by Councilman Feenstra and seconded by Councilwoman Gundersen: #490-83 RESOLVED, that having considered the report and recommendation of the Director of Public t•Works dated June 6, 1983, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Leemon Oil Co. , Inc., 40890 Grand River, Novi, Michigan 48050, for supplying the Public Service Division (Equipment Maintenance Section) with regular and unleaded gasoline at the unit prices bid through July 21, 1984 and for the estimated total amount of $302,940, the same having been in fact the lowest bid received and meets all speci- fications; further, the Council does hereby determine that in the event the aforesaid low bidder is unable to furnish the said gasoline, that the Council does hereby accept the second low bid of Plymouth Oil Company, 13777 Plymouth Road, Detroit, Michigan 48227, which also meets specifica- r.m tions as an alternate source for supplying the Public Service Division (Equipment Maintenance Section) with regular and unleaded gasoline at the unit prices bid through July 21, 1984 and for the total estimated amount of $303,270. 20406 #491-83 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated June 6, 1983, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Eastern Uniform Co., Inc. , Longwater Drive, Norwell, Massachusetts 02061, for supplying the Public Service Division (Park, Golf Course and Forestry Sections) with denim uniforms at the unit prices bid and for the estimated total amount of $3,024, the same having been in fact the lowest bid received which meets specifications. #492-83 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated June 2, 1983, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Carhartt, Inc, P.O. Box 600, Dearborn, Michigan 48121, for supplying employees of the Department of Public Works with outer wear foul weather garments at the unit prices bid and for the esti- mated total amount of $5,530.25, the same having been in fact the lowest bid received and meets all specifications. #493-83 RESOLVED, that having considered a letter from Ginnie Ingrao, 19434 Parker, Livonia, Michigan 48152, dated May 26, 1983, to which is attached a petition signed by residents of Parker Street requesting per- mission to close Parker Street between Hardy and St. Martins on Saturday, July 30, 1983 from 2:00 p.m. to 10:00 p.m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action herein taken being made subject to approval of the Police Department. #494-83 RESOLVED, that having considered a letter dated June 8, 1983, from Donna S. Brandon, 9627 Blackburn, Livonia, Michigan 48150, requesting permission to close Blackburn Avenue between West Chicago and Orangelawn on Saturday, July 30, 1983 between 2:00 p.m. and 12:00 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. #495-83 RESOLVED, that having considered a communication from the St. Mary's Antiochian Orthodox Church, dated June 1, 1983, wherein it is requested that all fees be waived in connection with a Family Fair to be conducted on the church grounds on September 23, 24 and 25, 1983, the Council does hereby concur in and approve of this request; and all City departments are hereby requested to do all things necessary or incidental for the full performance of this resolution. #496-83 RESOLVED, that having considered a communication from the Livonia Historical Commission dated May 25, 1983, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby approve and authorize conducting an antique auto show in cooperation with the Motor City Packards at Greenmead on Sunday, July 10, 1983, and does further approve and authorize establishing an admission charge of $1 for adults, children under 12 free. 201+07 #497-83 RESOLVED, that having considered a communication from the Director of Community Resources, dated May 31, 1983, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby for and on behalf of the City of Livonia accept a grant award to the Department of Community Resources from the Michigan Office of Services to the Aging, in the amount of $2,100, the same to be used toward the con- struction of a vestibule on the west entrance of the Fire Station Senior Center to assist in energy conservation; further, the Council does hereby approve the attached elevation of the proposed vestibule prepared by the Planning Department. #498-83 RESOLVED, that having considered a letter from William J. Casey, 25682 Deborah, Redford Twp. , Michigan 1+8239, received by the office of the City Clerk on June 8, 1983, wherein a request is submitted for a refund on unexpired portions of license fees previously paid to the City in 1982 and in 1983 in connection with the operation of amusement game devices, the Council does hereby reject and deny this request. #1+99-83 RESOLVED, that having considered a communication from the City Planning Commission dated June 13, 1983, which transmits its resolution 5-108-83, adopted on May 24, 1983, with regard to a sign permit applica- tion by Plasticles Corporation for a sign proposed for a building located on the south side of Seven Mile Road between Westmore and Shadyside in the Northwest 1/4 of Section 10, the Council does hereby concur in the recom- mendation of the Planning Commission and the said sign permit application is hereby approved and granted, such approval to be based upon the same condition as that set forth in the aforesaid recommendation of the Plan- ning Commission. #500-83 RESOLVED, that having considered the report and recommendation of the Planning Director and the Housing Director, dated May 31, 1983, approved for submission by the Mayor with regard to a proposal to conduct a housing feasibility study to determine whether or not it would be feasible to convert the Jackson School into a senior citizen housing facility, the Council does hereby authorize the Mayor and City Clerk to affix their signatures to a contract for and on behalf of the City of Livonia with the firm of Louis G. Redstone Associates, Inc., 28425 W. Eight Mile Road, Livonia, Michigan 48152 to conduct a feasibility study for the City as specified in their proposal addressed to Mayor McNamara for a sum not to exceed $3,000, the action herein being taken in accord- ance with the provisions set forth in Section 3.04.140 D, 2, 4 and 5 of the Livonia Code of Ordinances, as amended; further, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $3,000 from (1982-83) Community Development Block Grant Funds, Administration Account, for this purpose. #501-83 RESOLVED, that having considered a communication from the Water and Sewer Board, dated June 1, 1983, approved by the Director of Finance and approved for submission by the Mayor and which transmits its resolution WS 2598 5/83 wherein the Board recommends an ordinance amendment decreasing industrial waste control meter charges to non-residential users, the Council does hereby refer this item to the Department of Law for the preparation of the proposed ordinance for submission to Council. 20108 ##502-83 RESOLVED, that having considered a communication from the Water & Sewer Board, dated June 1, 1983, approved by the Director of Finance and approved for submission by the Mayor, which transmits its resolution WS 259? 5/83 wherein it is recommended that an ordinance amendment be adopted decreasing industrial waste pollutant strength surcharge, the Council does hereby refer this item to the Department of Law for the preparation of the proposed ordinance for submission to Council. #503-83 RESOLVED, that having considered a communication from the Personnel Director, dated June 11E, 1983, approved by the Director of Finance and approved for submission by the Mayor and which transmits a resolution adopted on June 9, 1983, wherein an additional appropriation is requested due to the employment of a law firm and costs incurred due to actuarial studies in connection with on-going negotiations with the police and fire unions, the Council does hereby appropriate the sum of $25,000 from the unexpended fund balance account to be transferred to the Labor Relations Account for this purpose. ##504-83 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated June 20, 1983, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize Robertson Bros. Service Company, 26577 Grand River Avenue, Detroit, Michigan 48244 to repair and replace the filters at Clements Circle Pool for the price of $7,1440, and for this purpose, the Council does hereby authorize the transfer of the sum of $7,1410 to Account #101-710-987-000 from the following accounts in the following amounts: 101-710-776-000-000 $4,000 101-710-818-220-000 1,111+0 101-710-933-000-000 2,000 $7 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 5 of the Livonia Code of Ordinances, as amended. #505-83 RESOLVED, that having considered a communication dated June 15, 1983 from the Department of Law transmitting for Council acceptance a Grant of Easement, dated May 27, 1983, executed by Robert A. and Sandra J. Kerr for the North 12 feet of the following described parcel: The North 160.0 feet of the South 2,282.0 feet of the East 190.0 feet of the West 11110.0 feet of the East 1/2 of the S.W. 1/11 of Section 25, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 25070) the Council does hereby for and in behalf of the City of Livonia accept the low aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. 20409 #506-83 RESOLVED, that WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 19/4, as amended, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs; and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, to obtain its entitlement funds under the Community Development Block Grant Program as authorized by the Housing and Community Development Act of 1974, as amended, the City of Livonia must submit a statement of Community Development objectives and projected uses of funds; satisfactory assurances that the Program will be conducted and admini- stered in accordance with appropriate Federal and State laws and Depart- ment of Housing and Urban Development regulations; and satisfactory assurances that, prior to submission of its final statement of Community Development objectives and projected uses, it has (A) provided citizens with adequate information concerning the amounts of funds available for proposed community development and housing activities; the range of activities that may be undertaken, and other important Program require- ments, (B) held a public hearing to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed statement of Community Development objectives and projected use of funds, By the City Council of the City of Livonia that the final statement of Community Development objectives and projected use of funds for the 1983-84 Program year under the provisions of the Housing and Community Development Act of 1974, as amended, is hereby approved and shall be submitted to the Department of Housing and Urban Development. #507-83 RESOLVED, that WHEREAS, Under the provisions of the "Emergency Jobs Bill" legislation which provides for supplemental funding for the Community Development Block Grant Program which authorizes the Secretary of Housing and Urban Development to make grants to units of local government to help finance community development programs under the provisions of Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the primary objectives of the supplemental funding provided by the Jobs Bill legislation is to provide productive employment for jobless Americans, hasten or initiate Federal projects and construc- tion and provide humanitarian assistance to the indigent; and 20410 WHEREAS, to obtain its supplemental entitlement funds under the Community Development Block Grant Program as authorized by the Housing and Community Development Act of 1974, as amended, and the emergency Jobs Bill legislation, the City of Livonia must submit a statement of Community Development objectives and projected uses of funds; satisfactory assurances that the Program will be conducted and administered in accordance with appropriate Federal and State laws and Department of Housing and Urban Development regulations; and satisfactory assurances that, prior to submission of its final statement of Community Development objectives and projected uses, it has (A) provided citizens with adequate information concerning the amounts of funds available for proposed community develop- ment and housing activities; the range of activities that may be under- taken, and other important Program requirements, (B) held a public hearing to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed statement of Community Development objectives and projected use of funds, By the City Council of the City of Livonia that the Final Statement of Community Development objectives and projected use of funds for the 1983- 84 Program Year under the provisions of the Housing and Community Develop- ment Act of 1974, as amended, and as supplemented by the Emergency Jobs Bill, is hereby approved and shall be submitted to the Department of Housing and Urban Development. #508-83 RESOLVED, that the Council does hereby recommend a report and recommendation from the Planning Director relative to the possible uses of Community Development Block Grant funds for testing and monitoring homes that are insulated with formaldehyde foam and which may thereby be potentially toxic. #509-83 RESOLVED, that having considered a communication from the City Assessor, dated June 6, 1983, and approved for submission by the Mayor, with regard to a request from Mr. Phillip J. Nicholas, 30556 Puritan, Livonia, Michigan 48154 and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby find that the proposed division of tax item no. 46 054 01 0051 000 (14c51) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing the same into two (2) parcels, the legal descriptions of which shall read as follows: Parcel I The South 157.47 ft. of Lot 51 of, "Bellcreek Estates Sub'n." part of the Northwest 1/4 of Sec. 14, T. 1 S. , R. 9 E. , Livonia Twp., Wayne County, Michigan as rec'd. in Liber 67 Page 33 of Plats, W.C.R., Now City of Livonia. Parcel II Lot 51 except the South 157.47 ft. of "Bellcreek Estates Sub'n." part of the N.W. 1/4 of Sec. 14, T. 1 S., R. 9 E., Livonia Twp., Wayne County, Michigan as rec'd. in Liber 67 Page 33 of Plats, W.C.R., Now City of Livonia. 20411 as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. #510-83 RESOLVED, that having considered a communication from the City Planning Commission, dated June 2, 1983, which transmits its resolution 5-97-83, adopted on May 17, 1983, with regard to Petition 83-4-8-11 submitted by Sun Refining and Marketing Co., requesting site plan approval in connection with a proposal to construct a canopy and a sign on an existing gas station located on the Southwest corner of Seven Mile and Middlebelt Roads in Section 11, pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby refer this item to the Committee of the Whole for further consideration pending receipt of a proposal from the petitioner to renovate the entire site. #511-83 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate submitted in behalf of Ailmand Associates, Inc., dated June 14, 1983, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 6; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows: 1. The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974; as amended. 2. The City Clerk shall contact each of the affected taxing units and, (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, July 25, 1983 at 8:00 p.m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application. #512-83 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 5.2934; MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, July 25, 1983 at 8:00 p.m. at the City Hall, 33000 Civic Center Drive, Livonia, lir Michigan, with respect to the following item: 20412 Petition 83-3-6-1, submitted by the City Planning Commission pursuant to Council Resolution 60-83 to amend Section 18.50E of Zoning Ordinance No. 543, pertaining to sign regulations in commercial districts, the City Planning Commission in its resolution 5-104-83 having recommended to the City Council that Petition 83-3-6-1 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, or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each rail- road company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, McCann NAYS: None *Councilman Bennett arrived at 8:0; p.m. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTIONS 21.08 and 21.09 OF ARTICLE XXI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition 8o-4-6-6) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 20413 Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 10.08 OF ARTICLE X, SECTION 11.09 OF ARTICLE XI AND SECTION 30.09 OF ARTICLE XXX OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE." (Petition 81-2-6-2) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: Ventura The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE A is DING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE", BY ADDING SECTION 3. THERETO. (PETITION #83-2-1-4 CHANGE OF ZONING FROM RUF TO P.S.) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett NAYS: McCann The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND 1m DING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE", BY ADDING SECTION 3. THERETO. (Petition ##83-1-1-2 Change of Zoning from RUF to P. ) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: Ventura, Taylor 20414 The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE", BY ADDING SECTION 3. THERETO. (RE: PETITION 83-3-1-7 FOR CHANGE OF ZONING FROM C-1 to C-2. ) 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 Ventura, seconded by Councilman Feenstra, it was #513-83 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 244 for a street improvement consisting of a 22' wide full depth asphalt pavement with concrete curbs and gutters, widening to 42' wide at the Seven Mile intersection (Alternate III) on Wayne Road, Seven Mile south 1,000 feet in the Northwest 1/4 of Section 8 and the Northeast 1/4 of Section 9 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 Ordi- nances, as amended, a public hearing thereafter having been held thereon on Monday, June 20, 1983 at 7:30 p.m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and re- viewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvement to be constructed in Special Assessment District No. 244; and WHEREAS, the City Council has heard and carefully considered all objections 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 16, 1983, in the amount of $54,040, 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 Imo the City Engineer and resolutions of the City Council; 20415 L (2) Said Special Assessment Roll No. 214k 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 (8%) 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% above the average rate of interest borne by said bonds. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 198+ 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 L 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 $81,060. A roll call vote was taken on the foregoing resolution with the following result: L AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None 20416 On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #514-83 RESOLVED, that the Council does hereby request that the Wayne County Road Commission install warning (blinking) lights cautioning motorists on Seven Mile that they are approaching a dangerous intersection at Wayne Road; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Road Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None On a motion by Councilman Bennett, seconded by Councilman Ventura, it was #515-83 RESOLVED, that the Council does hereby request that the Wayne County Road Commission reduce the speed limit on Seven Mile Road from 50 MPH to 40 MPH; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Road Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #516-83 RESOLVED, that the Council does hereby request that the Engineering Division submit a report and recommendation on the question of whether or not street lighting should be improved and/or increased at the intersection of Seven Mile and Wayne Road. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #517-83 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works dated May 20, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of A. A. Dettore and Associates, 12550 Farmington Road, Livonia, Michigan, for the paving improvement of Wayne Road, immediately south of Seven Mile Road for the estimated total cost of $125,13'(.92, based upon the Engineer- ing 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 costs and unit prices having been in fact the lowest bid received for this item; further the Council does hereby appropriate and authorize expenditures not to exceed $9,920.50 from the 20417 Sewer Capital Outlay Account, $18,542.27 from the unexpended fund balance of the water budget and $96,675.15 from the $7.9 million general obliga- tion road improvement bond issue with the provisions that (A) the Bond issue be reimbursed for that portion of the project which is to be financed by special assessments at such time as funds are available from a future special assessment bond issue and (B) the bond issue be reimbursed for the City's portion of the project from the next motor vehicle highway fund bond issue; and the Council does hereby rescind and repeal council resolution 751-81 for the reasons indicated in the afore- said communication; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, it was #518-83 RESOLVED, that having considered a communication from the City Assessor, dated June 2, 1983, and approved for submission by the Mayor, with regard to a request from Mr. Nick M. Phillip, 29747 Puritan, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No.. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby find that the proposed division of tax item No. 46 053 02 0291 000 (14B291) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing the same into two (2) parcels, the legal descriptions of which shall read as follows: Parcel "A" - the West 1/2 of Lot 291 of "Supervisor's Livonia Plat No. 4" of part of S.E. 1/4 of N.E. 1/4 and of part of N.E. 1/4 of S.E. 1/4 of Sec. 14, T. 1 S., R 9 E., Livonia Twp. , (Now City) Wayne Co., Mich. recorded in Liber 66 of Plats on Page 20, Wayne County Records subject to easements and restrictions of record. Parcel "B" - the East 1/2 of Lot 291 of "Supervisor's Livonia Plat No. 4" of part of S.E. 1/4 of N.E. 1/4 and of part of N.E. 1/4 of S.E. 1/4 of Sec. 14, T. 1 S. , R. 9 E., Livonia Twp., (Now City) Wayne Co., Mich. recorded in Liber 66 of Plats on Page 20, Wayne County Records, subject to easements and restrictions of record as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. 20418 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Gundersen, Bishop, Bennett, McCann NAYS: Feenstra The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #519-83 RESOLVED, that having considered a communication from the Department of Law dated June 15, 1983, approved for submission by the Mayor, which submits an offer dated May 23, 1983, from John J. Mahn of Alvaro& Associates, in behalf of Giuliano Soave for the sum of $43,000, based upon land contract terms and conditioned upon the rezoning of City owned property located at the southwest corner of Seven Mile Road and Shadyside, from P.S. to C-1, and having also considered an offer dated June 8, 1983, submitted by Robert H. Pastor Real Estate Company, in behalf of Westcott Hospital, Inc., with respect to the same property for a purchase price in the amount of $43,000, and based upon a rezoning of same from P.S. to C-1 and thereafter waiver use approval for a veterinary hospital, 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: Ventura, Taylor, Feenstra, Bishop, McCann NAYS: Gundersen, Bennett The President declared the resolution adopted. On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, it was #520-83 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated April 1, 1983, and the report and recommen- dation from the Chief of Police dated June 1, 1983 in connection therewith, the Council does hereby approve of the request from E. Gary Veltman for transfer of ownership of 1982 Class "C" licensed business with dance permit, from E. Gary Veltman, receiver for Nick Hatjioannou Estate and Anteoppe Hatjioannou, Sp. Admx., located at 28121 Plymouth Road, Livonia, Michigan, 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: Ventura, Taylor, Gundersen, Bishop, Bennett, McCann NAYS: Feenstra The President declared the resolution adopted. 20419 On a motion by Councilman Feenstra, seconded by Councilman Bishop, it was #521-83 RESOLVED, that having considered a communication from the City Planning Commission dated June 3, 1983, which transmits its resolution 5-101-83, adopted on May 17, 1983, with regard to a sign plan submitted in connection with Petition 82-8-2-22 by Taco Bell Restaurant requesting waiver use approval to construct a Taco Bell Restaurant on the west side of Farmington Road, South of Seven Mile Road in the Northeast 1/4 of Section 9 pursuant to the provisions set forth in Section 18.47 of Ordinance 543, as amended, the Council does hereby concur in the recom- mendation of the Planning Commission and the said sign plan is hereby approved, subject to compliance with the same conditions as those set forth in the aforesaid recommendation of the Planning Commission, as well as the additional condition that the said sign shall be not more than 15' in total overall height, measured from ground level. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Bishop NAYS: Gundersen, Bennett, McCann The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #522-83 RESOLVED, that having considered a communication from the City Planning Commission dated June 1, 1983, which transmits its resolution 5-87-83, adopted on May 17, 1983 with regard to Petition 83-4-2-11 submitted by Merritt & McCallum for Christ Our Saviour Lutheran Church requesting approval to construct an addition to a church originally approved under "Special Use Provisions of the Ordinance" and which is located on the West side of Farmington between Lyndon and Schoolcraft Service Drive in the Southeast 1/4 of Section 21 and which property is zoned R-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 83-4-2-11 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: Ventura, Taylor, Feenstra, Gundersen, Bennett, McCann NAYS: Bishop The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was 4523-83 RESOLVED, that having considered a communication from the City Planning Commission dated June 14, 1983, which transmits its resolution 6-109-83, adopted on June 7, 1983, with regard to Petition 83-3-2-7 20420 Lir submitted by C. D. Hardy requesting waiver use approval for outside storage of contractor's equipment on property located on the East side of Wayne Road between Industrial Road and the C & 0 Railway in the Northwest i/4 of Section 28, which property is zoned M-1, the Council does hereby concur in the recommendation made by the City Planning Copmission and Petition 83-3-2-7 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: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None On a motion by Councilman Bennett, seconded by Councilwoman Gundersen, it was #524-83 WHEREAS, there exists in the City of Livonia (the "City") the need for certain programs to alleviate and prevent conditions of unemployment and to revitalize the City's economy, and to assist indus- trial and commercial enterprises, and to encourage the location, expansion or retention of industrial and commercial enterprises to imi provide needed services and facilities to the City and its residents; and WHEREAS, a program to alleviate the aforesaid conditions has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation"); and WHEREAS, the Corporation in conformity with Act No. 338, Public Acts of Michigan, 1974, as amended ("Act No. 338"), has prepared and submitted an amended project plan, providing all information and require- ments necessary for a commercial facility project involving the acquisi- tion and completion of thirteen (13) buildings suitable for light manufacturing and warehouse activities, to be owned by MGIII Associates Limited Partnership, the general partner of which is Martin R. Goldman (the "Company"), and located at 13200, 13250 and 13280 Newburgh Road, 37000-2, 37025, 37050, 37007 and 37055 Industrial Road, and 12813-27% 12999-13015, 13855, 13887 and 12800-12 Fairlane Avenue, all in the City (the "Project"); and WHEREAS, the Council has been advised by the Company that certain terms in the project plan previously approved by the Council on February 23, 1983, have been revised, including but not limited to, a decrease in the amount of bonds being issued by the Corporation (the "Bonds") from $8,000,000 to $7,310,000 and an increase in the rate of interest on the Bonds; and these changes have been incorporated into the project plan ( the "Amended Project Plan"); and 20+21 WHEREAS, in conformity with Act No. 338 and the Internal Revenue Code of 1954, as amended (the "Code"), this legislative body has conducted a public hearing on the Project, the Amended Project Plan, reflecting the above referenced revisions, and the issuance of the Bonds by the Corpora- tion to finance all or part of the costs of the Project; NOW, THEREFORE, BE IT RESOLVED: 1. The Amended Project Plan, as submitted and approved by the Corporation meets the requirements set forth in Section 8 of Act 338, and is hereby approved. 2. The persons who will be active in the management of the Project for not less than one year after approval of the Amended Project Plan have sufficient ability and experience to manage the plan properly. 3. The proposed methods of financing the Project as outlined in the Amended Project Plan are feasible and this Corporation has the ability to arrange, or cause to be arranged, the financing. 4. The Project as submitted is reasonable and necessary to carry out the purposes of Act No. 338, and is hereby approved. 5. Issuance by the Corporation of the Bonds in an amount not to lip exceed $7,310,000, in accordance with the terms set forth in the Amended Project Plan, to finance all or part of the costs of the Project as described herein and in the Amended Project Plan is hereby approved. 6. Based upon the information submitted and obtained, the Amended Project Plan as submitted and the Project to which it relates serves to alleviate and prevent conditions of unemployment and strengthen and revitalize the City's economy and, therefore, constitutes a vital and necessary public purpose. 7. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None On a motion by Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #525-83 RESOLVED, that having considered a communication from the Personnel Director dated June 27, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor and which 20422 transmits a resolution adopted by the Civil Service Commission on June 9, 1983, wherein the Commission recommends that the Council concur in a proposed two year contract to be entered into by and between the City of Livonia and the Livonia Firefighters' Union, Local 1164, Affiliated with the International Association of Fire Fighters, AFL-CIO, for the period December 1, 1982 through November 30, 1984, with that portion of the agreement regarding Duty Death Benefits to be effective December 1, 1982, and that the necessary amendments to the Retirement Plan Ordinance, the Compensation Plan and changes in certain benefits as required to effectuate this agreement be approved, the Council does hereby determine to approve of and concur in the aforesaid action; and the Mayor and City Clerk are hereby authorized to affix their signatures to the aforesaid contract for and on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, and unanimously adopted, it was #526-83 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 Ventura, seconded by Councilwoman Gundersen, it was #527-83 RESOLVED, that having considered a communication from the Director of Finance dated June 24, 1983, approved for submission by the Mayor, to which is attached a proposed escrow agreement between the City of Livonia, MetroVision of Livonia, Inc., and Manufacturers National Bank of Livonia, wherein under the terms of the City's Cable Franchise Ordinance, the aforesaid MetroVision of Livonia, Inc. would deposit the sum of $250,000 in escrow with Manufacturers National Bank no later than July 13, 1983, the Council does hereby approve and authorize the Manu- facturers National Bank of Livonia as a Depository for this purpose and does further request that the Mayor and City Clerk for and on behalf of the City of Livonia execute the aforesaid agreement as well as do all other things necessary or incidental to the full performance of this agreement. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Feenstra, Gundersen, Bishop, Bennett, McCann NAYS: None 20423 On a motion by Councilman Taylor, supported by Councilman Bennett, and unanimously adopted, it was #528-83 RESOLVED, that having considered the report and recommendation of the Finance & Insurance Committee dated June 27, 1983, submitted pursuant to Council Resolution 217-81 in connection with a communication from the Personnel Director dated February 5, 1981, which bears the signature of the Finance Director is approved for submission by the Mayor and which trans- mits a resolution adopted by the Civil Service Commission on January 22, 1981, wherein it was recommended that rates for Seasonal Clerks be increased, the Council does hereby determine to take no further action. On a motion by Councilman Taylor, supported by Councilman Feenstra, and unanimously adopted, it was #529-83 RESOLVED, that having considered the report and recommendation of the Finance & Insurance Committee dated June 27, 1983, and submitted pursuant to Council Resolution 31-82 in connection with the communication from the City Treasurer, dated December 3, 1981, which bears the signature of the Finance Director and is approved for submission by the Mayor with respect to the purchase of a new copy machine from Royfax Company, 555 E. Mandoline, Madison Heights, Michigan 48071, for the sum of $2,295, ($3,795 less trade-in of $1,500), the Council does hereby determine to take no further action. On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #530-83 RESOLVED, that having considered the report and recommendation of the Finance & Insurance Committee dated June 27, 1983, and submitted pursuant to Council Resolution 399-83 in connection with a communication from the Director of Finance dated May 3, 1983 approved for submission by the Mayor and submitted pursuant to Council Resolution 523-82 with regard to possible revision of the Finance Ordinance with respect to minimum amounts prescribed requiring competitive bidding, the Council does hereby refer this item to the Law Department for the preparation of the proposed ordinance amendment for submission to Council. On a motion by Councilman Taylor, seconded by Councilman Ventura, it was #531-83 RESOLVED, that having considered the report and recommendation of the Finance & Insurance Committee dated June 27, 1983, and submitted pursuant to Council Resolution 477-83 in connection with a communication from the Mayor, dated June 1, 1983, approved by the Finance Director to which is attached a proposed budget for the Livonia Cable Television Commission for the fiscal period June 1, 1983 through November 30, 1983, the Council does hereby approve the balance of the proposed budget as adjusted with the exception of redesignating "Auto Expense - Commissioners" to "Commissioners' Compensation"; and the balance of the budget as approved herein shall read as follows: 20424 Commissioners' Compensation $3,150 Dues & Subscriptions 1,500 (Includes membership in CTIC at $850/yr. and other pertinent materials) Education & Training 5,000 (Initial year will require a greater amount of training for staff wad commissioners) Office Equipment 3,760 (An attempt to locate furniture and equipment from in-house sources will be made) Community Promotion 34,7�+2 (Includes MetroVision's matching funds. Community programming forums, demonstra- tions, Town Hall type educational meetings on how the service is to be used and equipment required. ) $48,152 FURTHER, having considered a letter from the Mayor dated June 28, 1983, the Council does hereby establish the compensation for each member of the Commission at the rate of $35 for each meeting attended, provided, however, that the compensation for each member shall not exceed $105 per month. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Gundersen, Bishop, Bennett, McCann NAYS: Feenstra The President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was #532-83 RESOLVED, that pursuant to Section 21.02 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Richard S. Blomberg, 15612 Hix Court, Livonia, Michigan 48154 is hereby reappointed as a member of the Zoning Board of Appeals for a three year term of office, such term commencing on July 12, 1983, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207. 20425 On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #533-83 RESOLVED, that pursuant to Section 21.02 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Kenneth Miencier, 9905 Berwick, Livonia, Michigan 48150 is hereby reappointed as a member of the Zoning Board of Appeals for a three year term of office, such term commencing on July 12, 1983, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207. On a motion by Councilman Feenstra, seconded by Councilman Ventura, and unanimously adopted, it was #534-83 RESOLVED, that the Council does hereby amend and revise Council Resolution 354-83, adopted on May 18, 1983, so as to have the same read as follows: RESOLVED, by the City Council of the City of Livonia, that the First Annual Christmas Parade be, and hereby is approved, for Saturday, November 19, 1983, beginning at 9:00 a.m. , and that the Wayne County Road Commission is hereby requested to close southbound Middlebelt between Eight Mile and Seven Mile Road, and westbound Seven Mile Road between Middlebelt and Purlingbrook on November 19, 1983, between the hours of 8:30 a.m. and 10:00 a.m. or until the road is returned to normal traffic operation; further, that the City agrees to assume liability for any damage claims which may arise as a result of the said road closure, and that Lt. Russell E. McQuaid is hereby designated and authorized to sign the road closure permit in behalf of the City; also, the waiver of permit fees is requested as great benefits will be realized by the Citizens and the City's business, commercial, education and labor communities. By Councilman Bishop, seconded by Councilwoman Gundersen, and unanimously adopted, this 1009th Regular Meeting of the Council of the City of Livonia was duly adjourned at 8:40 p.m. , June 29, 1983. -let"°41°-fr7')IsItIg ROBERT F. NASH, CITY CLERK