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HomeMy WebLinkAboutCOUNCIL MINUTES 1981-10-28 19578 Iwo MINUTES OF THE NINE HUNDRED AND SIXTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 28, 1981, 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 D. Bennett, Robert F. Nash, Gerald Taylor, Alice Gundersen, Robert R. Bishop, Robert E. McCann and Peter A. Ventura. Absent: None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Frances S. Stem, Deputy City Clerk; Harry C. Tatigian, City Attorney; Jack Dodge, Finance Director; G. E. Siewert, City Engineer; John Nagy, City Planner; Ronald Mardiros, City Assessor; Stanley Bien, Chief Librarian; and Michael Reiser, Emergency Preparedness Coordinator. By CouncilmAn Nash, seconded by Councilman Ventura, and unanimously adopted, it was #925-81 RESOLVED, that the minutes of the 966th Regular Meeting of the Council of the City of Livonia, held October 14, 1981, are hereby approved. The communication from the Department of Law dated October 21, 1981, with respect to Barton Construction Co. v City, Wayne County Circuit Court Civil Action #80 037 184+ CE, was received and placed on file for the information of the Council. By Councilman Taylor, seconded by Councilman Ventura, and unsnimously adopted, it was #926-81 RESOLVED, that having considered a communication from the City Planning Commission, dated May 19, 1981, which sets forth its resolution 5-75-81 adopted on May 12, 1981 with regard to Petition 76-6-1-22 submitted by the City Planning Commission for a change of zoning on property located on the north side of Joy Road between Inkster and Cardwell in the Southeast 1/4+ of Section 36, from C-2 to R-1, and the Council having conducted a public hearing with regard to this matter on July 20, 1981, pursuant to Council Resolution 538-81, and having also considered a communication from the City Planning Commission, dated October 2, 1981, submitted pursuant to Council Resolution 714-81, the Council does hereby refer this item to the Committee of the Whole for further consideration. 19579 By Councilman Taylor, seconded by Councilman Ventura, it was #927-81 RESOLVED, that having considered a communication from the City Engineer, dated October 7, 1981, approved by the City Attorney and the Director of Public Works and approved for submission by the Mayor, and to which are attached a Primary Supply Agreement between the City of Livonia and the Detroit Edison Company, and a Claim to Exemption from Michigan General Sales Tax Form with regard to installing a preliminary electrical service and metering system for the Livonia City Hall, the Council does hereby authorize the Mayor and City Clerk to execute the said Primary Supply Agreement and the Sales Tax Exemption Form for and on behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. The communication from the Department of Law dated October 13, 1981, with respect to Refusal by Private Citizen to Aid Police Officers, was received and placed on file for the information of the Council. CR-849-81. By Councilman Taylor, seconded by Councilman Ventura, it was #928-81 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 6, 1981, the Council does hereby approve above all others the request from Livonia Inn Management, Inc., as amended, from Brock Hotel Corporation for a new full year Class B-Hotel License as amended from a new full year Class C License to be located at 17123 N. Laurel Park Drive, Livonia, Michigan, Wayne County, as per prior approval of June 18, 1980 and amended approval of August 20, 1980; and the City Clerk is hereby requested to forward a certified copy of this resolu- tion to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #929-81 RESOLVED, that having considered a communication from the City Engineer, dated September 30, 1981, 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 to which is attached a proposed cost agreement between the Michigan Department of Transportation and the City of Livonia for traffic signal modernization at the intersection of M-14 (Plymouth Road) at Levan, Livonia, Michigan, the Council does hereby refer this matter to the Traffic Commission for its report and recommenda- tion. 19580 By Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #930-81 RESOLVED, that having considered a communication from Mr. Melvin Bonin, 27300 Franklin Road, Apt. 709, Southfield, Michigan 48034, dated October 9, 1981, wherein an offer is submitted to purchase Lots 192 and 193 of the E. G. Settle Realty Co. 's Bonaparte Subdivision, which property is located at the northeast corner of Beatrice and Joy Road, Livonia, Michigan, the Council does hereby refer this item to the Department of Law for its report and recommendation. By Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #931-81 RESOLVED, that having considered a communication from the City Engineer, dated October 6, 1981, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution 744-81, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Wentworth Avenue between Merriman Road and Henry Ruff Road which is proposed to be improved by placing an asphalt surface on the existing aggregate base roadway (Alternate IV) and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommenda- tions have been properly filed by the City Engineer with the City Clerk under date of October 7, 1981, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, December 14, 1981 at 8:00 P.M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #932-81 RESOLVED, that having considered a communication from the City Engineer, dated October 6, 1981, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution 693-81, and the Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Oporto Avenue between Five Mile Road and Puritan Road which is proposed to be improved by placing an asphalt surface on the existing aggregate 19581 base roadway (Alternate IV) and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public 10.0 authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of October 7, 1981, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, December 14, 1981 at 8:00 P.M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #933-81 RESOLVED, that having considered a communication from the City Imp Engineer, dated October 6, 1981, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution 694-81, and the Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Rayburn Avenue between Merriman Road and Henry Ruff Road which is proposed to be improved by placing approximately four (4) inches of asphalt on the existing roadway (Alternate IV) and such report having indicated the number of parcels which show tax delinquencies, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifica- tions therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of October 7, 1981, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, December 14+, 1981 at 8:00 P.M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was 19582 #934-81 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, lkw 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, December 14, 1981 at 8:00 P.M. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item: (1) Petition 81-3-1-6, submitted by the City Planning Commission for a change of zoning of property located on the west side of Farmington Road, south of Five Mile Road in the Northeast 1/4 of Section 21, from R-2 to AG, the City Planning Commission in its resolution 9-157-81 having recommended to the City Council that Petition 81-3-1-6 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/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. By Councilman McCann, seconded by Councilman Taylor, it was #935-81 RESOLVED, that the Council hereby determines to amend the Annual Budget for the fiscal year as submitted by the Mayor, to add or delete thereto the adjustments as reflected on the schedule of "Detail Budget Modifications" referred to herein as Supplemental Sheet "A", and that the complete Budget for the next fiscal year commencing December 1, 1981, and ending November 30, 1982, as shown in the budget document on Pages I through XVII, submitted by the Mayor to the Council on September 15, 1981, pursuant to Section 3, Chapter VII of the City Charter, and as revised by the City Council, be and hereby is determined and adopted and appropria- tions made as provided by the City Charter. However, for the monthly reports to the Council, the amounts as shown on Pages 1 through 222 should be used for comparative reporting purposes, and Council approval is required for transfers between line items within one activity; that all thw proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 21, 1981; after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on October 12, 1981; and provided further, that the City Clerk shall publish or cause to 19583 be published this resolution together with a summary of said Budget as adopted herein, together with the minutes of this meeting. City of Livonia Modified General Fund Budget For the Year Ending 11/30/82 Revenues: Property Taxes $ 11,531,00C Interest on Delinquent Taxes 2,500 Business Licenses & Permits 38,00o Non-Business Licenses & Permits 417,400 State Shared Revenues 7,078,200 Charges for Services 1,381,700 Fines and Forfeits 950,000 Interest Earnings 1,250,000 Federal Revenue Sharing 930,000 Miscellaneous 269 000 Total General Fund Revenues T-737471,76— Expenditures: 237, 00Expenditures: Legislative $ 1+18,961 Judicial 701,510 Executive 483,807 Elections 132,21; Financial & Administration 1,51+2,1+33 Other General Government 475,118 Public Safety (Including Federal Revenue Sharing) 12,422,289 Protective Inspection 532,756 Other Protective 18,192 Highway, Streets & Bridges (Including Federal. Revenue Sharing) 2,905,1014 Parks & Recreation 1,993,308 Cultural 838,076 Conservation 25,315 Planning 483,678 Other City Functions 875,036 Total Exyenditures. . . . . . . . $ 25,847,800 By Councilman Bishop, seconded by Councilman Ventura, it was RESOLVED, that the Council does hereby amend the foregoing resolution so as to provide that it shall be in effect for a 90 day period in order that the Council may compile information relative to the actual revenue of the City for the year 1981-1982. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop. NAYS: Ventura, Nash, Taylor, Gundersen, McCann and Bennett. The President declared the resolution to amend DENIED. A roll call vote was taken on the original resolution with the following result: 1958+ AYES: Ventura, Nash, Taylor, Gundersen, McCann and Benrett. NAYS: *Bishop. The President declared the resolution adopted. *CouudilWan Bishop made the following statement: My 'no' vote is cast, not against the Budget, but rather because we do not know the amount of revenues to be reoeiv44 PIMA the Attlte Shared Revenues faxithe Fiscal year 1981-1982. By Councilman Nash, seconded by Counci1mAn McCann, it was #936-81 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4.800 mills, i.e., 4.800/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1981, and ending November 30, 1982, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia: (a) The Council does hereby establish a tax levy of .960 mills, i.e., 960/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforce- ment personnel, equipment, supplies and facilities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (b) The Council does hereby establish a tax levy of 1.4+0 mills, i.e. , 140/10,000 of one (1) percentum of the State equalize assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment supplies and facilities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (c) The Council does hereby establish a tax levy of .031 mills, i.e., 31/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and Lip increasing the trade, business and industries of the City of Livonia; in addition to the amount which is authorized to be levied for general municipal purposes; td) The Council does hereby establish a tax levy of 1.650 mills, i.e., 1650/10,000 of one (i) percentum of the State equalized assessed valuation of all real and personal iww19585 property subject to taxation in the City of Livonia for tte fiscal year set out above, pursuant to the provisions of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (e) The Council does hereby establish a tax levy of .102 mills, i.e., 102/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the 1959, 1965 and 1968 Fire Station Bond Issue; in addition to the amount which is authorized to be levied for general purposes (f) The Council does hereby establish a tax levy of .016 mills, i.e., 16/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement of the 1960 and 1965 Public Library Bond Issue; in addition to the amount which is authorized to be levied for general municipal purposes; hot (g) The Council does hereby establish a tax levy of .170 mills, i.e., 170/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the Park and Recreational Facilities Bond Issue, Series I and Series II, in addition to the amount which is authorized to be levied for general municipal purposes; (h) The Council does hereby establish a tax levy of .694 mills, i.e., 69+/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the Street Improvement Bonds, Series I and Series II, in addition to the amount which is authorized to be levied for general municipal purposes; (i) The Council does hereby establish a tax levy of .357 mills, i.e. 357/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the 1978 Street Improvement Bonds, Series I, Series II and Series III; in addition to the amount which is authorized to be levied for general municipal purposes; 19586 and provided further, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is requested to immediately transmit copies of this resolution to each of the above offices. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #937-81 RESOLVED, that in accordance with the provisions of Chapter 20 of Act 40 of the Public Acts of 1956, otherwise known as the Drain Code of 1956, and in order to raise the sum necessary to pay: (a) Installment No 23 of the assessment for improving Livonia Drain No. 1, which installment is due April 1, 1982, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1982; and (b) Installment No. 21 on the assessment for improving Livonia Drain No. 2, which installment is due April 1, 1982, and .:c lib pay the interest on the unpaid balance, which interest is also due on April 1, 1982, and (c) Installment No. 18 of the respective assessments for improving Livonia Drains Nos. 11, 12, 13, 16, 17 and 19, which respective installments are each due April 1, 1982, and to pay the interest on the respective unpaid balances, which interest payments are also due on April 1, 1982; and (d) Installment No. 15 of the respective assessments for improving Livonia Drain No. 22 and Livonia Drain No. 22 Branches, which installment is due April 1, 1982, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1982; and (e) Installment No. 14 of the assessment for the improving of Farmington Road Storm Relief Drain, which installment is due April 1, 1982, and to pay the interest on the unpaid balance, which interest payment is also due on April 1, 1982; and (f) Installment No. 12 of the assessment for improving Livonia Drains Nos. 2 (Branches), 11 (Extensions), 19 (Extension), 22 (Branches and Extension) and 26, which installments are due April 1, 1982, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1982; and (g) Installment No. 11 of the assessment for improving Livonia Blue Drain Extension and Branches; which installment is due April 1, 1982, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1982; and 19587 Imo (h) Installment No. 6 of the assessment for improving Livonia Drains Nos. 1 (Extension and Branches), 16 (Extension and Branches), 38, 41 and 42, which respective installments are each due April 1, 1982, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1982, and (i) Installment No. 5 of the assessment for improving Livonia Drain No. 27 (Branches), which installment is due April 1, 1982, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1982; and (j) Installment No. 3 of the assessment for improving Livonia Drain No. 10 (Extension and Branches), which installment is due April 1, 1982, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1982; and the Council of the City of Livonia does hereby determine that there shall be and does hereby establish a tax levy of .996 mills of the State Equalized valuation of all real and personal property subject to taxation in the City of Livonia for the purpose of providing sufficient revenues to meet and pay the said installments and interest payments and, in this connection, the City Council does hereby elect to have such tax levy spread upon the County tax roll; and the Wayne County Bureau of Taxation, lam Office of the Wayne County Drain Commissioner, City Treasurer, City Assessor and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices. _I roil call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Ventura, seconded by Councilman Taylor, it was #938-81 RESOLVED, that in accordance with the authority provided in Act 342, Public Acts of Michigan, 1939, as amended, and in order to raise the sum necessary to pay the ninth installment for sanitary and storm sewer improvements in Rosedale Gardens Subdivision, the Council of the City of Livonia does hereby determine that there shall be and does hereby establish a tax levy of .142 mills of the State Equalized valuation of all real and personal property subject to taxation in the City of Livonia for the purpose of providing sufficient revenues to meet and pay the said install- ment and interest payments and, in this connection, the City Council does hereby elect to have such tax levy spread upon the County Tax Roll; and the Wayne County Bureau of Taxation, Office of the Wayne County Road Commission, lam City Treasurer, City Assessor and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices. A roll call vote was taken on the foregoing resolution with the following result: 19588 AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTIONS 3-702(2), AND 3-703 OF TITLE 3, CHAPTER 7 (FIRE PREVENTION CODE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. 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, -che following Ordinance: AN ORDINANCE AMENDING SECTION 8-210(a) OF TITLE 8, CHAPTER 2 (MISDEMEANORS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Nash, Taylor, Gundersen, McCann and Bennett. NAYS: Bishop. Che Fre3ident declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Nash, seconded by Councilman Bishop, it was #939-81 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 30, 1981, 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 Application and Certificate For Payment, dated September 29, 1980, the Council does hereby authorize final payment in the amount of $7,313.00 to Boston Tile &. Terrazzo Company, which sum includes the full and complete balance due on a contract dated July 27, 1978 in the amount of $58,580.00, the actual contract amount completed to date being $58,613.00, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications; and for this purpose the Council does hereby appropriate and authorize the expenditure of an additional $33.00 from Federal Economic Development Administration Funds. 19589 A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #940-81 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated September 22, 1981, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Red Holman Pontiac Company, 35300 Ford Road, Westland, Michigan 48185, for supplying the Public Service Division (Equipment Maintenance Section) with one (1) one-ton Stake Truck for a net price of $8,992.67 (total price of $9,842.67 less trade-ins of $850.00) the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize the transfer of the sum of $2,205.65 from the Equipment Maintenance Supplies Account (101-446-778.000.000) to the Equipment Capital Outlay Account (101-446-985.000.000). A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Ventura, seconded by Councilman Taylor, it was #941-81 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 30, 1981, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the proposed improve- ment of Wayne Road, south of Seven Mile Road, the Council does hereby authorize extending the storm sewer on Wayne Road, south of Seven Mile Road, by adding this work to the existing contract for the 1981 Miscellaneous Paving Program; FURTHER, the Council does hereby appropriate an additional $17,000.00 from the $7.9 million General Obligation Road Improvement Bond Issue, for this purpose. ! roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, it was #942-81 RESOLVED, that having considered a communication from the City Clerk, dated October 12, 1981, to which is attached a communication from Plante & Moran, Certified Public Accountants, 26211 Central Park Boulevard, P.O. Box 307, Southfield, Michigan 48037, dated September 25, 1981, the Council does hereby determine to retain the firm of Plante & Moran, Certified Public Accountants, for performing the annual independent audit of the accounts of the City of Livonia for the year ending November 30, 1981, as required by the City Charter and in accordance with the guidelines 19590 set forth in the State Uniform Accounting Act, 1978 P.A. 2, for a total fee not to exceed $31,000.00, the allocation of which shall be as follow : General Fund $ 19,000 Municipal Refuse Disposal Fund 2,000 Special Assessment Funds 3,000 Water and Sewer Funds 7,000 $ 31,000 AND FURTHER, the City Clerk, as internal auditor of the City of Livonia, is hereby authorized to enter into a formal agreement with said firm, subject to approval as to form by the City Attorney, 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, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, it was #943-81 RESOLVED, that having considered a communication from the Water and Sewer Board, dated October 6, 1981, approved by the Finance Director and approved for submission by the Mayor and which transmits its resolu- tion WS 2480 10/81, the Council does hereby accept the bid of C. E. Pollara Company, 13575 Auburn, Detroit, Michigan 48223, for supplying the Sewer Department with two (2) 10-12 Yard Dump Bodies, Model 344T, for a total price of $6,994.00, the same having been in fact the lowest bid received and meets all specifications. �. rol. 0.all vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilwoman Gundersen, seconded by Councilman Bishop, it was #944-81 RESOLVED, that having considered a communication from the Director of Community Resources, dated October 1, 1981, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of T.A.S. Graphic Communica- tions, 11191 Lappin, Detroit, Michigan 48234, for supplying the Department of Community Resources with 33,000 copies of the booklet entitled "A Guide to Livonia City Services", for the price of $4,369.00, the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. 19591 ima By Councilman Taylor, seconded by Councilwoman Gundersen, it was #945-81 RESOLVED, that having considered the report and recommendation of the Executive Director of the Livonia Housing Commission, dated October. 1?, 1981, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby determine as follows. a. to accept the bid of Hertz Furniture Systems Corp., East 55 Midland Avenue, Paramus, New Jersey 07652, in the amount of $5,383.85, for supplying the Housing Commission with Community Room furniture for McNamara Towers, as follows: 26 Round Tables (48" diameter) 2 Banquet Tables (30" x 72") 160 Stacking Chairs 2 Hand Truck Dollies 3 Ceiling Fans b. to accept the bid of Progressive Planners Inc., 12924 Farmington Road, Livonia, Michigan 48150, in the amount of $999.05, for supplying the Housing Commission with Lobby furniture for McNamara Towers, as follows; 1 Couch 2 Chairs 2 Occasional Tables the foregoing having been in fact the lowest bids received and meet all specifications; FURTHER, the Council does hereby appropriate the sum of $6,382.90 to be expended from the Senior Citizen Housing Bond Construction Fund for this purpose. A .:oll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Nash, seconded by Councilwoman Gundersen, it was #946-81 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 29, 1981, which bears the signature of the Finance Director, is approved by the City Attorney and the Director of Public Works and is approved for submission by the Mayor, the Council does hereby authorize the employment of Mr. Charles W. Allen, Jr. as an expert real estate appraiser to provide appraisals in connection with certain right-of-way required for the Middlebelt Road widening project (Bureau of Taxation Parcel Nos. 24AAle and 24AAla) for a sum in the amount of $500.00; and the Council does hereby appropriate and authorize the expenditure of $500.00 from the $7.9 million General Obligation Road Improvement Bond Issue for this purpose. A roll cell vote was taken on the foregoing resolution with the following result: 19592 AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #947-81 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "Municipality") the need for certain programs to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the Municipality's economy and to encourage the location and expansion of industrial and commercial enterprises to provide needed services and facilities to the Municipality and its residents; 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") involving the Project captioned in the title of this Resolution; and WHEREAS, the Corporation in conformity with Act No. 338 of the Public Acts of Michigan, 197+, as amended ("Act No. 338") has designated the hereinafter described project area in connection with said project tc. the City Council of the Municipality (the "Governing Body") for its approval thereof; and imp WHEREAS, it is also necessary for the Governing Body to establisY project district area boundaries; and WHEREAS, the Corporation has also by resolution recommended the hereinafter described project district area in connection with said project; and WHEREAS, it is also necessary to appoint two additional director:. to the Board of Directors of the Corporation who are representative of neighborhood residents and business interests likely to be affected by said project; and WHEREAS, the Mayor of the Municipality has proposed the appoint- ment of the individuals listed on Exhibit C hereby attached as such additional Directors of the Corporation. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Governing Body does hereby certify its approval of the Corporation's designation of the project area described in Exhibit A hereto attached. (Pittsburgh Testing Laboratory Project) 2. The Governing Body does hereby establish as a project district area the property described in Exhibit B hereto attached. 3. The Governing Body does hereby certify its approval of the individuals listed on Exhibit C as additional Directors of the Corporation to serve in conformity with the provisions of Section 1f(2) of Act No. 338. 4.. It is hereby determined that the requirements of Section 20 of Act No. 338 have been met and that the formation of a citizens project district council is not required. 19593 10. 5. The Municipality's Clerk be and is hereby directed to deliver a certified copy of this resolution to the Secretary of the Board ..)f the Corporation. 6. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A rollcall vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Bishop and Bennett. NAYS: Taylor, Gundersen and McCann. The President declared the resolution adopted. By Councilwoman Gundersen, seconded by Councilman Taylor, it was #948-81 RESOLVED, that having considered the report and recommendation of the CETA Program Administrator, dated October 12, 1981, approved by the Finance Director and approved for submission by the Mayor, the Counc:l does hereby authorize expenditures from CETA funds not to exceed $4,750.00 at Livonia Business Machines Institute, 18770 Farmington Road, Livonia, Michigan 48152, and not to exceed $18,000.00 at Pontiac BusinessLir ' Institute, 34801 Grand River, Farmington, Michigan 48024, for CETA Classroom Training; FURTHER, the Council does hereby authorize the fore- going without competitive bidding for the reasons indicated in the afore- said communication and such action is taken in accordance with the provisions set forth in Section 2-213(d)(5) of the Livonia Code of Ordinances, as amended. ro1� call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #949-81 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 24, 1981 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on October 7, 1981, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of a high pressure sodium street lighting system on colonial post top ornamental poles with under- 1.9594 im, ground wiring in Windridge Village Subdivision No. 3, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for the improvement ae set forth in said statement dated August 24, 1981; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: ims Lots 301 through 496, both inclusive, Windridge Village Sub. No. 3, as recorded in Liber 99, Pages 38 through 43, Wayne County Records, said subdivision being of part of the N.E. 1/4 of Section 4, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on sal statement as prepared by the City Engineer dated August 24, 1981, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who there- upon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. By Councilman Bishop, seconded by Councilman Taylor, it was #950-81 RESOLVED, that having considered a communication from the City Planning Commission, dated August 12, 1981, which sets forth its resolution 8-132-81 adopted on August 4, 1981, with regard to Petition 81-6-1-17, submitted by Metropolitan Construction and Contracting, Inc. , for a change of zoning on property located on the north side of Five Mile Road between Foch Avenue and Green Lane in the Southeast 1/4 of Section 13, from P.S. to C-1, and the Council having conducted a public hearing with regard to this 19595 matter on October 7, 1981, pursuant to Council Resolution 749-81, and the Petitioner by letter dated September 28, 1981 having advised Council that it wishes to terminate its request for rezoning, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 81-6-1-17 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted., it was #951-81 RESOLVED, that having considered a communication from the City Planning Commission, dated August 19, 1981, which sets forth its resolution 8-137-81 with regard to Petition 81-7-6-5, submitted by the City Planning Commission to amend Section 1.1.03 of the Zoning Ordinance so as to include regulations relating to automotive transmission repair businesses as waiver uses in C-2 districts, and the Council having conducted a public hearing with regard to this matter on October 7, 1981, pursuant to Council Resolution 749-81, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. imw Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4.03 OF ARTICLE IV AND SECTION 12.02 OF ARTICLE XII OF ORDINANCE NO. 543, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE". RE: Petition No. 79-5-6-2 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. Tine move Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Nash, seconded by Councilman Taylor, it was #952-81. RESOLVED, that having considered a communication from the Mayor, dated October 14, 1981, wherein it is indicated that notice has been received that requires the appointment of two additional directors to the Economic Development Corporation who shall be representatives of neigh- borhood residents with respect to the Pittsburgh Testing Laboratory EDC Project, who are as follows: Mr. Dana G. King Mr. Joseph Iovannisci 28402 Acacia 28181 Gita Livonia, Michigan 48154 Livonia, Michigan 48154 19596 the Council does hereby approve of and concur in the aforesaid action, Iwo provided that the aforesaid persons take the Oath of Office as required in Section 3, Chapter X of the City Charter, to be administered by the office of the City Clerk. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #953-81 RESOLVED, that having considered a communication dated October 13, 1981, from the Department of Law transmitting for Council acceptance a Grant of Easement more particularly described as: Grant of Easement, dated September 30, 1981, executed by Frederic I. Keywell and Walter B. Herbach, Trustees under a certain Declaration of Trust dated August 19, 1977, for: The centerline of a twelve (12) foot wide easement being more particularly described as follows: That part of the N.E. 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as low commencing at the Northeast corner of said Section 11; thence along the North section line S. 89° 52' 00" W., 1,539.42 to the East right-of-way line of Melvin Avenue (60 feet wide), as extended; thence along said right-of-way line and the extension thereof, S. 0° 01' 20" W., 353.88 feet to the Point of Beginning of the centerline of a twelve (12) foot wide easement; thence N. 89° 52' 00" E., 6.0 feet to the Point of Ending of said easement. the Council does hereby for and in behalf of the City of Livonia accept the 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #954-81 RESOLVED, that having considered a communication dated October 21, 1981, from the Department of Law transmitting for Council acceptance a Quit Claim Deed more particularly described as: Quit Claim Deed, dated September 22, 1981, executed by Lidia Veri, President and Angelo D'Orazio, Secretary-Treasurer, Rest-In-The-Son, Inc. , a Michigan Corporation, dedicating Gill Road right-of-way described as follows: 19597 lbw Part of the Southwest 1/4 of Section 4, T. 1. S., R. 9 E. , City of Livonia, Wayne County, Michigan. Commencing at the South 1/4 Corner of Section 4, T. 1 S. , R. 9 E., thence N. 00° 10' 55" E. 1980.00 feet along the North and South 1/4 line of Section 4 to the Point of Beginning; thence S. 89° 59' 37" W. 43.00 feet; thence N. 00° 10' 55" E. 330.00 feet; thence N. 89° 59' 37" E. 43.00 feet to the North and South 1/4 line; thence S. 00° 10' 55" W. 330.00 feet along said line to the Point of Beginning. Containing 0.326 acres of land. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deed and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #955-81 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Bishop, seconded by Councilman Nash, it was #956-81 RESOLVED, that having considered a communication from the City Assessor, dated October 22, 1981, which bears the signature of. the Finance Director and is approved for submission by the Mayor, and to which are attached Invoice No's. 45223 and 47044 from the County of Wayne, Board of County Auditors, in connection with services rendered in the preparation of assessment rolls, tax bills, delinquent tax rolls, special services, and 1981 personal property statements, the Council does hereby authorize the following transfer of funds; FROM ACCOUNT NO. AMOUNT TO ACCOUNT NO. 101 202 702 000 COO $ 6,048.74 101 252 833 000 000 Salaries/Wages/Assessment Tax Roll Preparation 101 247 702 000 000 101 252 833 000 000 Salaries/Wages/Board of $ 6,291.39 Tax Roll Preparation Review 19598 low A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Ventura, seconded by Councilwoman Gundersen, it was #957-81 RESOLVED, that having considered a communication from the City Assessor, dated October 22, 1981, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the following transfer of funds for the reasons indica ced in the aforesaid communication. FROM ACCOUNT NO. AMOUNT TO ACCOUNT NO. 101 247 702 000 000 $ 259.60 101 202 983 000 000 Salaries/Wages/Board of Review Capital Outlay A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #958-81 WHEREAS, the City of Livonia has been notified by the Federal Insurance Administration that its eligibility for participation in the National Flood Insurance Program may be suspended if satisfactory flood plain management measures are not inacted by the City of Livonia before November 4, 1981; and whereas, a temporary moratorium on neer construction_, substantial improvement, and other development in areas of special flood hazard will suffice to extend the City of Livonia's eligibility in the National Flood Insurance Program through the term of the moratorium; and whereas, the City of Livonia acknowledges that its eligibility for participation in the National Flood Insurance Program may be suspended az the expiration of this moratorium if flood plain management measures meeting the standards of Section 60.3(d) of the program regulations (44CFR59, etc. ) are not enacted; now therefore, be it resolved that new construction, substantial improvement, and other development in areas of special flood hazard in the City of Livonia identified by the Federal Insurance Administration in a scientific and engineering report entitled. "The Flood Insurance Study for the City of Livonia" dated May 4, 1981, with accompanying flood insurance rate maps and flood boundary-floodway map shall not be permitted prior to March 1, 1982; and furthermore, the Bureau of Inspection is hereby instructed that no permits for new construction, substantial improvement, and other development shall be issued within Federal Insurance Administration designated areas of special flood hazard prior to March 1, 1982; and furthermore, that this resolution is hereby declared to be an emergency measure and shall take effect and te enforced immediately after its passage and approval for the reason that this resolution is necessary for the immediate preservation of the public property, safety, welfare and health. A roll call vote was taken on the foregoing resolution with the following result: 19599 AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #959-81 RESOLVED, that having considered a communication from the Chief of Police, dated September 21, 1981, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the following transfer of funds for the reasons indicated in the aforesaid communication: FROM TO AMOUNT Patrol Bureau Uniforms Traffic Controls & Supplies 101-325-768-000-000 101-302-767-000-000 $1,600 Patrol Bureau Uniforms Parking Rental 360 101-325-768-000-000 101-304-867-000-000 Patrol Bureau Uniforms Communications Radio Maintenance 500 101-325-768-000-000 101-310-851-000-000 Patrol Bureau Uniforms Dues & Subscriptions 100 101-325-768-000-000 101-304-958-000-000 Youth Bureau Education & Youth Bureau Miscellaneous 100 Training 101-316-960-010-000 101-316-756-000-000 Patrol Bureau Uniforms Special. Service Education & 375 101-325-768-000-000 Training 101-323-960-010-000 TOTAL AMOUNT FOR TRANSFERS $3,035 FURTHER, the Council does hereby rescind and repeal Council Resolution 873-81. 1 roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Gundersen, Bishop, McCann and Bennett. NAYS: None. By Councilman McCann, seconded by Councilwoman Gundersen, and unanimously adopted, it was lb. #960-81 RESOLVED, that having considered a communication from the Windridge Village Civic Association, dated October 19, 1981, with regard to the existence of noxious weeds and debris on certain vacant lots in the Windridge Village Subdivision (as shown on attached maps), the Council does hereby refer this matter to the Director of Public Works for the purpose of doing all things necessary to resolve this complaint by cutting these weeds and clearing the said debris. 19600 By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously ado ted, this 967th Regular Meeting of the Council of the City of Livonia was duly n.d,,ovrned at 8:50 P. M., October 28, 1981. (71,' I/7 ADDISON W. BACON,1 CITY CLEK