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HomeMy WebLinkAboutCOUNCIL MINUTES 1981-11-23 1962? MINUTL3 OF THE NINE HUNDRED AND SIXTY NIELH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 23, 1981, the above meeting was held at the City Hail, 3300u Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:05 P. M. . Councilwoman Gundersen 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: Edward H. McNamaraj Mayor; Addison W. Bacon, City Clerk; Frances S. Stem, Deputy City Clerk; Harry C. Tatigian, City Attorney; G. E. Siemert, City Engineer; John Nagy, City Planner; Jack Dodge, Director of Finance; Richard Jones, Public Utility Manager; and Michael Reiser, Emergency Preparedness Coordinator. By Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #998-81 RESOLVED, that the minutes of the 968th Regular Meeting of the Council of the City of Livonia, held November 16, 1981, are hereby approved. The communication dated November 16, 1981, from the Mayor, which transmits letter from Congressman Carl Pursell with respect to the funding for General Revenue Sharing, was :eceived and filed for the information of the Council. By Councilman Nash, seconded Ey Councilwoman Gundersen, and unanimously adopted, it was #999-81 RESOLVED, that having considered a report prepared by the Engineering Division, dated October 28, 1981, approved by the Director of Public Works and approved for submission by the Mayor, entitled "Sanitary Sewer Backup Report, Section 17, City of Livonia", with regard to flooded Lbasements, the Council does hereby refer the same to the Water and Sewer Committee for its report and recommendation. The communication dated November 6, 1981 from the Mayor, in response to CR-777-81 (AccumulAtion of Vacation Leave) with respect to a proposed amendment to 19624 the Civil Service Rules and Regulations, us received and fled for the information of the Courici'. . By Councilman Nash, seconded by Councilwoman Gundersen, and unanimously adopted, it was #1000-81 RESOLVED, that having considered the communication from the Personnel Director, dated October 28, 1981, approved by the Finance Director and approved for submission by the Mayor, and which transmits r resolution adopted by the Civil Service Commission on October 22, 1981, wherein certain salary adjustments are recommended with respect to professional librarians, provisions to be effective December 1, 1981, and which are as follows: Proposed to Proposed to Current be effective be effective 7LASSIFICATION Maximum 12-1-80 12-1-81* CHIEF LIBRARIAN $30,139 $33,488.00 $37,086.40 BRANCH LIBRARIAN 24,939 26,790.40 29,806. 0 ASST. BRANCH LIBRARIAN 23,691 (no change) 26,728.00 low (Librarian II) LIBRARIAN II 22,547 (no change) 25,459. 0 LIBRARIAN I N4* 21,278 (no change) 22,755.20** * - includes 4.5% and 250 COLA ** - no special adjustment *** - it is anticipated that a Librarian I would be promoted to Librarian II after two years of service if his/her performance at the I level is satisfactory. the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. The communication. dated October 27, 1981 from Frank Jacobs, Forget-Me-Not Inc., which appeals the denial of a license application for amusement devices at McEwen Club House Bar, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilwoman Gundersen, it was #1001-81 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 23, 1981, and the report and recom- mendation of the Chief of Police, dated November 12, 1981, in connection therewith, the Council does hereby approve of the request of Waad N. Nannoshi, Partner with Jalal H. Nannoshi, to transfer ownership of 1981/ 1982 SDM Licensed Business from Quik Pik Food Stores, Incorporated, located at 27455 W. Six Mile Road, Livonia,Michigan; and the City Clerk is hereby requested to forward a certified copy of this letter to the Michigan Liquor Control Commission. 1962r call vote was taken on the foregoing resolution with the fo.Llowing result: AYES: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. By CouncilmAn Nash, seconded by Councilwoman Gundersen, and unanimously adopted, it was #1002-81 RESOLVED, that having considered a communication from Mr. John R. Carney, Attorney, dated November 10, 1981, requesting that his client Continental Cablevision be considered as an applicant in the approval of Cable Television franchise, the Council does hereby refer the same to the Committee of the Whole for further consideration. By Councilman Nash, seconded by Councilwoman Gundersen, it was #1003-81 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 16, 1981, with regard to a request for a land swap from the Apostolic Christian Church involving certain property owned by the Faith Lutheran Church and certain City owi,& park land, located in the vicinity of the south side of Wentworth Avenue, west of Middlebelt Road, and north of Five Mile Road, the Council does Ibirshereby refer this item to the Parks and Recreation Commission for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result. AYES: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None,. *Councilman McCann was excused at 8:06 p. m. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 3 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 No. 81-7-1-18 FOR CHANGE OF ZONING FROM P.L. TO R-1. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Gundersen, Bishop, Ventura, Nash, Taylor and Bennett. NAYS: None., The President declared the foregoing Ordinance duly adopted and would become affective on publication. 1962 im, Councilman McCann returned at 8:07 p, m. *Councilman Ventura was excused at 8.07 p. m. Councilwoman Gundersen took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 5I.3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 81-6-1-16 FOR CHANGE OF ZONING FROM R-2A to P. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. *Councilman Ventura returned at 8:08 p.. m. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 2.09 OF ARTICLE II AND SECTION 18.37 OF ARTICLE XVIII OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "ZONING ORDINANCE OF THE CITY OF LIVONIA. (Petition No. 80-1-6-5) roll call vote was taken on the foregoing Ordinance with the following result: AYES: Gundersen, McCann, Ventura, Nash, Taylor and Bennett. NAYS: Bishop. The President declared the foregoing Ordinance duly adopted and would become effective on publication. lbw Councilman Taylor took from the table, for second reading and adoption, "le following Ordinance: 19627 AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (PETITION 81-7-3-5) 4 roll call vote was taken on the foregoing Ordinance with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. :Che President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Bishop, seconded by Councilman McCann, it was #1004-81 RESOLVED, that having considered the communication from the City Engineer, dated October 28, 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 which was submitted pursuant t' Council Resolution 519-81, the Council does hereby request that the Public Service Division do all things necessary to improve the drainage and provide gravel over the existing pathway which is located adjacent t, 30425 Greenland and 30410 Greenland; and the Engineering Division is hereby requested to provide such survey assistance as may be required Jr, 16. order to establish proper grades in connection with this improvement project. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS. None. By Councilman Taylor, seconded by Councilman Ventura, it was #1005-81 RESOLVED, that having considered a communication from the Livonia Housing Commission, dated October 30, 1981, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the following transfers in the 1980-81 Silver Village budget: REVENUE ACCOUNT AMOUNT INCREASED AMOUNT DECREASED 296-831-835-000-000 $ 150.00 - Telephone 296-831-921-000-000 200.00 - Electric 296-831-931-000-000 750.00 - Building Maintenance 296-831-933-000-000 300.00 Equipment Maintenance 296-831-938-000-000 $ 1,400.00 Ground Maintenance TOTAL. . . . . . . .$1,400.0O $ 1,400.00 19628 A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. By Councilman Nash, seconded by Councilwoman Gundersen, i.t was RESOLVED, that having considered a communication from the Personnel Director, dated October 27, 1981, approved by the Finance Director and approved for submission by the Mayor, and which transmits F resolution adopted by the Civil Service Commission on October 22, 1981, in connection with a request from Police Officer Lubar for reimbursement in the amount of $46.66, in order to replace boots which were damaged while investigating a traffic accident, the Council does hereby appro- priate and authorize the expenditure of the sum of $46.66 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, McCann and Nash. NAYS: Bishop, Ventura, Taylor. and Bennett. :he President declared the resolution DENIED. By Councilman Bishop, seconded by Councilman Taylor, it was #1006-81 RESOLVED, that the Council does hereby refer to the Personnel Director for consideration during the negotiating of employee union contracts the subject of the reimbursement of costs for the replacement of such items as damaged shoes incurred in the line of duty. 4 roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: Gundersen, The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bishop, it was #1007-81 RESOLVED, that having considered a communication from the Director of Finance, dated November 9, 1981, approved for submission by the Mayor and which transmits a proposed consignment agreement between the City of Livonia and the Southeastern Michigan Transportation Authori`.K;, (SEMTA) wherein the City would act as a sales outlet for the purchase of SEMTA tickets by Livonia residents, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to Imp execute this Agreement as well as to do all other things necessary or incidental to the full performance of this resolution. '. roll call vote was taken on the foregoing resolution with the following result: ii 19629 11. AYES. Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. The communication dated November 2, 1981 from Mr. William Meadows, 18225 Fremont, requesting the deletion of a street light, within S.A.D. No. 206, confirmed by Council Resolution No. 1016-79, adopted on October 10, 1979, was received and filed for the information of the Council. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 8-261 OF CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 2he ioregoing 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 Imo neeting of the Council. Councilman McCann gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 5-510 OF TITLE 5, CHAPTER 5 (SEWERS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in th( office of the City Clerk, and is the same as if word for word repeated herein. Councilman McCann invoked the Emergency Clause and gave second reading tv the foregoing Ordinance and, a roll call vote was taken thereon with the following result: AYES. Gundersen, McCann, Ventura, Nash, Taylor and Bennett. NAYS: Bishop. 'lac President declared the foregoing Ordinance duly adopted, and would become L effective on publication. By Councilman Nash, seconded by Councilwoman Gundersen, it was #1008-81 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 5, 1981, which bears the signature of the Finance Director, is approved by the Chairman of the Water & Sewer 19630 Board and the Director of Public Works, and is approved for submission by ifto the Mayor with regard to certain additional services which are required in connection with the Step I Facilities Planning Study previously authorized in Council Resolution 28-78, adopted on January 18, 1978, to be performed by the firms of Orchard, Papke, Hiltz & McCliment, Inc. and Hubbell, Roth & Clark, Inc., the Council does hereby authorize the said work to be performed by the aforesaid firms and for this purpose does hereby authorize an increase in the contract amount previously approved from $346,400.00 to $386,400.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. By Councilman Nash, seconded by Councilwoman Gundersen, it was #1009-81 RESOLVED, that having considered the report and recommendatic_. of the City Engineer, dated November 13, 1981, which bears the signature of the Finance Director, is approved by the Chairman of the Water and Sewer Board and the Director of Public Works, and is approved for submission by the Mayor, with regard to the Municipal Step I Facilities Planning Study, the Council does hereby authorize the purchase of six (6) used Sewage Flow Meters to be supplied by the Manning Environmental Corporation, for the price of $4,616.00, the same to be appropriated and expended from the Capital Outlay Account and the Sewer Division, FURTHER, the Council does hereby authorize the said purchase 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 2-213(4)(5) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result. AYES: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #1010-81 RESOLVED, that having considered a communication from the City Planning Commission, dated September 24, 1981, which sets forth its resolu- tion 9-170-81 adopted on September 22, 1981, with regard to Petition 81-7-2-16 submitted by Michael Neubauer requesting waiver use approval tJ construct an auto wash on the east side of Farmington Road, south of Eight Mile Road in the Northwest 1/4 of Section 3, which property is zoned C-2 and the Council having conducted a public hearing with regard to this matter on November 12, 1981, pursuant to Council Resolution 881-81, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolutionwith the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: Taylor The President declared the resolution adopted. 1963- By Councilman Bishop, seconded by Councilman Ventura, it was #1011-81 WHEREAS, pursuant to Act No. 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia; and WHEREAS, a proposal was made regarding the establishment of an industrial development district in the City of Livonia, encompassing an area of approximately 19.89 acres lying in the South 1/2 of Section 30 and approximately 122.70 acres lying in the North 1/2 of Section 30, mora particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No. 8"; and WHEREAS, written notice has been given by certified mail to General Motors Corporation, Chevrolet Motor Division of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development Districz; No 8; and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No. 8; and impWHEREAS, on November 12, 1981 a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No. 8, at which time General Motors Corporation, Chevrolet Motor Division and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of General Motors Corporation, Chevrolet Motor Division attended said hearirg and acknowledged receipt of notice of such hearing on behalf of the said corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS: 1. An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto. 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No. 8." EXiIBIT A 30I2a,J,K1,L2d1,V1a,V2a. That part of the S 1/2 of Sec 30 T. 1 S. R 9 E DES AS beginning at a point on the E and W 1/1+ Section Line distant S89D 1+7 M E 1531.12 ft. from the W 1/4 corner of Sec. 30 and proceeding th S 89D 47M E along said line 1043.08 ft. to the center 1/4 corner of Sec 30 th N 89D 59M 30Sec E along the E and W 1/4 Section line 506.89 ft th S OD 16M 30Sec W. 206.73 ft th S S Wly along a curve concave to the northwest radius 385.28 ft. arc 608.15 ft. th N 89D 47M W 1161+.11 ft. th N OD 16M 1+OSec E 593 ft to the POB 19.89 Acres. ALSO 19632 3OBibl,C2a,E1,DI+a,F1. That part of the N 1/2 of Sec 30 Des as beg at the W 1/4 cor of Sec 30 and proceeding th N OD 26M 07Sec E along the W line of said Section 216+.82 ft to the Sly line of the Chesapeake and Ohio Rail- road right-of-way th S 75D 29M 32Sec E along said sly line 3265.32 ft. th S OD 02M W 1370.61 ft to the E and W 1/4 line of Sec 30 th N 89D 45M W along said line 601.89 ft to the center 1/4 cor of Sec 30 th N 89D 31M 1+OSEC W along the E and W 1/4 line 2575.05 ft. to the POB except the south 43 ft. thereof also except the west 60 ft. thereof 122.70 acres. A roll call vote was taken on the foregoing resolution with the following result. AYES: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #1012-81 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City") the need for certain programs to alleviate and prevent conditions of unemployment and to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the City's economy; and WHEREAS, a program to alleviate the aforesaid conditions has been initiated by The Economic Development Corporation of the City of Livonit, (the "Corporation"); and WHEREAS, the Corporation in conformity with Act No. 338 Public Acts of Michigan, 197+, as amended ("Act No. 338"), has prepared and submitted a project plan, providing all information and requirements necessary for a project; and WHEREAS, in conformity with Act No. 338 this Council has conducted a public hearing on said project plan; and NOW, THEREFORE, BE IT RESOLVED: 1. The project plan, as submitted and approved by the Corporation, meets those requirements set forth in Section 8 of Act No. 338 and the same is hereby approved. (Hercules Drawn Steel Corp. Project) 2. The persons who will be active in the management of the project for not less than one year after approval of the project plan have sufficient ability and experience to manage the project properly 3. The proposed methods of financing the project as outlined in the project plan are feasible and the Corporation has the ability to arrange or cause to be arranged, the financing. fit. The project as submitted is reasonable and necessary to carry out the purposes of Act No 338. 5. Based upon the information submitted and information obtained at public hearings, the project plan as submitted and the project to which it relates, serves to alleviate and prevent conditions of unemployment, strengthen and revitalize the City's economy, encourage the 19633 location and expansion of enterprises in the City, and, therefore, constitutes an essential, vital and necessary public purpose. 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 roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. By Councilman Ventura, seconded by Councilman Taylor, it was #1013-81 RESOLVED, that pursuant to the provisions of Section 38, Act 65 of the Public Acts of Michigan of 1973, as amended, the Council does hereby appoint Mr. Arthur F. Sippola, 14444 Melvin, Livonia, Michigan 48154 as the Republican member to the Board of Canvassers of the City of Livonia for a term expiring December 31, 1987. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. By Councilman Ventura, seconded by Councilman Taylor, it was #1014-81 RESOLVED, that pursuant to the provisions of Section 38, Act 65 of the Public Acts of Michigan of 1973, as amended, the Council does hereby appoint Mr. Nick J. Iatrow, 14753 Fairway Drive, Livonia, Michigar 48154 as the Democratic member to the Board of Canvassers of the City of Livonia for a term expiring December 31, 1987. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adcpted, it was #1015-81 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 Nash, seconded by Councilman Bishop, it was #1016-81 RESOLVED, that having considered the report and recommendation Df the City Engineer, dated November 9, 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 final construction estimate, dated November 9, 1981, the Council does hereby 19634 authorize final payment in the amount of $350.00 to Allen Fence Company, 14297 West Warren Avenue, Dearborn, Michigan 48126, which sum includes the full and complete balance due on a contract dated June 10, 1981, in the amount of $2,890.00, the actual contract amount completed to date being $3,240.00, in connection with the Idyl Wyld Parking Lot fence installation, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifica- tions; and for this purpose the Council does hereby appropriate and au- thorize the expenditure of an additional $350.00 from the $4.4 Million Dollar General Obligation Parks and Recreation Bond Issue. A roll, call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash and Bennett. NAYS: Ventura and Taylor. The President declared the resolution adopted. By Councilman Nash, seconded by Councilwoman Gundersen, it was #1017-81. RESOLVED, that having considered a communication from the Department of Law, dated November 17, 1981, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the matter of Dwyer v Robert Turner, Bobby L. Duren, et al. , U. S. District Court Civil Action #79-71254, the Council does hereby authorize the payment of the sum of $47,000 in damages, the payment to Emanuel Tanay, M.D. in the amount of $1575, the payment to Harvey Ager, M.D. in the amount of $1650, and the payment to the law firm of Edwards & Edwards in the amount of $19,500; further, the Council does hereby appropriate and authorize the expenditure of the sum of $69,725 from the Unexpended Fund Balance Account for these purposes; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, Nash and Bennett. NAYS: McCann, Ventura and Taylor. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, this 969th Regular Meeting of the Council of the City of Livonia was duly adjourned at 8:30 P. M., November 23, 1981. i ADDISON W. cm CI'I" '+' 19635 MINUTES OF THE NINE HUNDRED AND SEVENTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 7, 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 8:00 P. M. . Councilman Bishop delivered the invocation. Roll was called with the following result: Robert D. Bennett, Robert F. Nash, Gerald Taylor, Alice Gnndersen, Robert R. Bishop, Robert E. McCann and Peter A. Ventura. Absent: None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Trances S. Stem, Deputy City Clerk; Harry C. Tatigian, City Attorney; Jack Dodge, Finance Director; G. E. Siemert, City Engineer; John Nagy, City Planner and Ronald Mardiros, City Assessor. By Counciim+n Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #1018-81 RESOLVED, that the minutes of the 969th Regular Meeting of the Council of the City of Livonia, held November 23, 1981, are hereby approved. The communication from the Director of Finance dated November 19, 1981 transmitting financial statements for the month ending October 31, 1981, was received and placed on file for the information of the Council. By Councilman McCann, seconded by Councilman Bishop, and unanimously adopted, it was #1019-81 RESOLVED, that having considered the communication from the Cit; Engineer, dated November 10, 1981, approved by the Director of Public Works and approved for submission by the Mayor and submitted pursuant to Council Resolution 892-81, with respect to the proposed installation of sidewalks on Merriman Road from the C & 0 Railroad Grade Crossing to Schoolcraft, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman McCann, seconded by CouncilmAn Bishop, and unanimously adopted, it was 19636 #1020-81 RESOLVED, that having considered a communication from the City Planning Commission, dated November 13, 1981, submitted pursuant to Council Resolution 847-81 and which transmits a proposed amendment to the Livonia Code of Ordinances, Sections 3-537 and 3-544, in connection with the screening of trash dumpsters in C-1, C-2, C-3, C-4, P.S., P.O. and P.L. districts, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman McCann, seconded by Councilman Bishop, it was #1021-81 RESOLVED, that having considered a communication from the Chief Building Inspector and the Director of Public Works, dated November 19, 1981, approved for submission by the Mayor, and which transmits proposed garage sale sign regulations, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, and unanimously adopted, it was #1022-81 RESOLVED, that having considered a communication from the Director of Finance, dated November 18, 1981, approved for submission by the Mayor, to which is attached a communication from the Director of Secondary Education of the Livonia Public Schools, dated October 21, 1981, which submits a copy of the Budget of the Livonia Youth Committee Employment Office for the fiscal year 1980-81, as well as projections of costs for the fiscal year 1981-82, the Council does hereby refer the same to the Finance and Insurance Committee for its report and recommendation. By Councilman McCann, seconded by Councilman Bishop, it was #1023-81 RESOLVED, that having considered a communication from the CETA Program Administrator, dated November 23, 1981, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $1,100.00 from CETA funds, in order to provide skilled training at University Hospital Orthodic School in Ann Arbor, the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, it was #1024-81 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 11, 1981, and the report and recommendation of the Chief of Police, dated November 12, 1981, in 19637 connection therewith, the Council does hereby approve of the request from Jule R. Famularo and Pauline E. Famularo for a transfer of ownership of 1981 Class "C" and SDM licensed business with Dance Permit, located at 1+950 Middlebelt Road, Livonia, Michigan 48151, Wayne County, from Donald G. Burek, Incoxp orated; 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: Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None By Councilman McCann, seconded by Councilman Bishop, it was #1025-81 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated November 6, 1981, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby concur in the recommendations set forth therein, that the tenants of the City's buildings at Greenmead be required to pay the cost of utilities commencing from July 1, 1981, and that all utility charges incurred by the City of Livonia in this respect prior to July 1, 1981 are hereby waived and released; the action herein being taken for the reasons indicated in the aforesaid communication. lurA roll call vote was taken on the foregoing resolution with the following result AYES: Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, it was #1026-81 RESOLVED, that having considered the communication from the City Engineer, dated November 20, 1981, approved by the City Attorney and the Director of Public Works and approved for submission by the Mayor with regard to certain right-of-way located on the east side of Middlebelt Road in the Southwest 1/4 of Section 24, the Council does hereby accept for and on behalf of the City of Livonia the following Quit Claim Deeds from the following persons which convey the said right-of-way: 1. Quit Claim Deed from Thelma W. Brain, Stanley L. Wilson, Elaine T. Wilson, his wife, Ira Wilson II, Marybeth Dean Wilson, his wife and Charles L. Wilson, Jr. and Diane W. Wilson, his wife, as Joint Tenants in Common: That part of the S.W. 1/4 of Section 24+, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as commencing at a point on the East line of Middlebelt Road (130 feet wide), distant due North 117.0 feet and S. 89° 34' 1,8" E., 60.0 feet and due North 221 40 feet from the S.W. corner of said Section 24; proceeding thence N. 07° 41' 17" W., 65.63 feet, thence S. 89° 28' 12" E., 8.78 feet; thence S. 0° 00' 05" E., 64.96 feet to the Point of Beginning. (Middlebelt Road 19638 imp Right-of-Way) Part of Bureau of Taxation Parcel 24AAle. and 2. Quit Claim Deed from Thelma W. Brain, Stanley L. Wilson, Elaine T. Wilson, his wife, Ira Wilson II, Marybeth Dean Wilson, his wife and Charles L. Wilson, Jr. and Diane W. Wilson, his wife, as Joint Tenants in Common. That part of the S.W. 1/4 of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as commencing at a point on the West line of said Section 24, distant Due North, 538.00 feet from the Southwest corner of Section 24; proceeding thence Due North along said West line, 365.37 feet; thence N. 88° 53' 08" E., 60.0 feet; thence S. 0° 00' 05" E. ; 501.62 feet; thence N. 89° 28' 12" W., 8.78 feet; thence N. 07° 41' 17" W. , 136.22 feet; thence Due West, 33.0 feet to the West line of Section 24 and the Point of Beginning. (Middlebelt Road Right-of-Way) Part of Bureau of Taxation Parcel 24AAla. and the City Clerk is hereby requested to have the aforesaid Quit Claim Deeds recorded at the Wayne County Register of Deeds Office; and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute quit claim deeds conveying the aforesaid Middlebelt right-of-way to the Wayne County Road Commission, 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: Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, it was #1027-81 RESOLVED, that having considered a communication from the City Engineer, dated November 17, 1981, approved by the Director of Public Works and approved for submission by the Mayor, in connection with the proposed Bob Evans Restaurant development on the west side of Middlebelt Road at Schoolcraft Road, the Council does hereby take this means to advise the Board of County Road Commissioners (Permit Division) of the City's willingness to accept jurisdiction and maintenance of approximately 110.0 l.f. of 18" storm sewer within the Middlebelt Road right-of-way (commencing at a point approximately 305 feet north of the north line of Schoolcraft Road and continuing north approximately 110 feet) which is to be constructed in connection with a proposed Bob Evans restaurant in the S.E. 1/4 of Section 23; FURTHER, the Council does hereby authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the aforesaid storm sewer construction. 19639 iiirA roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, it was #1028-81 RESOLVED, that having considered a communication from the Water and Sewer Board, dated November 12, 1981, approved by the Finance Director and approved for submission by the Mayor and which transmits its resolu- tion WS 2479 9/81 wherein it is recommended that Section 5-413 of the Livonia Code of Ordinances be amended so as to increase the service charge established for water turn-offand turn-on, the Council does hereby refer the same to the Water and Sewer Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, and unanimously L adopted, it was #1029-81 RESOLVED, that the Councildoes hereby revise the starting time of the regular meeting of the Council scheduled for Wednesday, December 16, 1981, from 8:00 P.M. to 7:00 P.M. ; and the City Clerk is hereby requested to do all things necessary to comply with legally prescribed posting and publication requirements in this regard. By Councilman McCann, seconded by Councilman Bishop, and unanimously adopted, it was #1030-81 RESOLVED, that having considered a communication from Robert D Bennett, Council President, dated November 16, 1981, which sets forth a proposed schedule of council meetings for the month of January 1982, which is as follows: 7:00 F.M. January 4 Regular Meeting (Organizational) 8:00 P.M. January 4 Study Meeting 8:00 P.M. January 13 Regular Meeting 8.00 P.M. January 18 Study Meeting L8:00 P.M. January 27 Regular Meeting the Council does hereby determine to approve and adopt such schedule of meetings, subject to change withproper notice. 1961+0 By Councilman McCann, seconded by Councilman Bishop, it was #1031-81 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City") the need for certain programs to alleviate and prevent conditions of unemployment and revitalize the City's economy, and to encourage the location and expansion of industrial and commercial enterprises to provide needed services and facilities to the City and its residents; and WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation"); and WHEREAS, the Corporation in conformity with Act No. 338 Public Acts of Michigan, 1974, as amended ("Act No. 338"), has prepared and submitted a project plan for Pittsburgh Testing Laboratory; and WHEREAS, pursuant to Act No. 338 it is necessary to hold a public hearing concerning said project plan prior to taking legislative action relating to it; NOW, THEREFORE, BE IT RESOLVED THAT: 1. Pursuant to the aforesaid Act No. 338 the City Council shall meet on January 11, 1982, at 8:00 o'clock p.m. , at which time it shall conduct a public hearing on the Corporation's submission of the project plan. 2. The Clerk be and is hereby directed to give notice of such public hearing by (1) publishing a notice thereof in the Livonia Observer Newspaper, a newspaper of general circulation in the City; (2) posting in at least ten (10) conspicuous and public places in the project district area; and (3) mailing to the last known owner of each parcel of real property in the project district area at the last known address of the owner as shown by the tax assessment records, which notices shall be published and given at least ten (10) full days prior to the date set for said hearing. 3. Said notice shall be in substantially the following form: OFFICIAL NOTICE TO THE CITIZENS OF THE CITY OF LIVONIA OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROJECT PLAN AS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF LIVONIA BY THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF LIVONIA FOR PITTSBURGH TESTING LABORATORY PROJECT PLEASE TAKE NOTICE that pursuant to Act 338 of the Public Act^ lw. of Michigan of 1974, as amended, The Economic Development Corporation of the City of Livonia has submitted a project plan to the City Council for its approval. Said project plan deals with the acquisition and construction of a single story office/shop building, machinery and equipment and the site thereof and details all information required by law relative to said 196+1 project and its impact on the community. The project will not require the displacement and relocating of any persons. The location of the project plan area is 110 ft. north of the north service drive for 1-96, Livonia, Michigan and is comprised of approximately .4545 acres. The City Council will meet at 8 o'clock p.m. , Eastern Standard Time, on Monday, the eleventh day of January, 1982, at the City Hall located at 33000 Civic Center Drive, Livonia, Michigan, and will conduct a public hearing on the advisability of approving by resolution the project plan. The City Council may approve, modify or reject said project plan. THIS NOTICE is given pursuant to the requirements of Sections 10 and 17 of Act No. 338, Public Acts of Michigan, 1974, as amended. Further information, including maps, plats and a description of the proposed project plan, are available for public inspection at the City Clerk's office. All interested citizens are encouraged and will be offered ar opportunity at said hearing to address the City Council concerning any aspect of said project plan. City Clerk 4. The City Council does hereby determine that the foregoing form of notice and the manner of publication directed is adequate notice to the citizens of the City and is well calculated to inform them of the intention of the City Council to hold a public hearing and the purpose of the public hearing. 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, and unanimously adopted, it was #1032-81 RESOLVED, that having considered a communication, received by the Office of the City Clerk on November 20, 1981, which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on November 10, 1981 by the City Planning Commission in its resolution 11-200-81 with regard to Petition 81-10-2-24 submitted by Advance Truck Maintenance Service requesting a waiver use approval to operate a light truck maintenance facility within an existing building located on the 19642 south side of Schoolcraft between Inkster and Middlebelt Roads in the Northeast 1/4 of Section 25, the Council does hereby designate Monday, January 11, 1982 at 8:00 P.M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of. the City of Livonia. By Councilman McCann, seconded by Councilman Bishop, it was unanimously adopted, #1033-81 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, the City Zoning Act (MSA 5.2934; MCLA 125.584), as well as Article }DCIII 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, January 11, 1982 at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 81-9-1-20, submitted by Farley Building Company, Inc. for a change of zoning of property located on the east side of Middlebelt between Clarita and Pickford in the Northwest 1/4 of Section 12, from RUF to C-2, the City Planning Commission in its resolution 10-179-81 having recommended to the City Council that Petition 81-9-1-20 be denied; (2) Petition 81-7-6-6 submitted by the City Planning Commission to amend Section 2.10 and 11.02, and Article XVIII by adding Section 18.59 of Zoning Ordinance #543, to incorporate regulations relating to mechanical and electronic amusement devices, the City Planning Commission in its resolution 11-202-81 having recommended to the City Council that Petition 81-7-6-6 be approved; EURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each 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 19643 do all other things necessary or incidental to the full performance of Imr this resolution. By Councilman McCann, seconded by Councilman Bishop, it was unanimously adopted, #1034-81. 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, 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, January 25, 1982 at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 81-9-1-22 submitted by the City Planning Commission for a. change of zoning of property located on the southwest corner of Seven Mile Road and Shadyside in the Northwest 1/4 of Section 10, from P.L. and C-2 to P.S., the City Planning Commission in its resolution 11-193-81 having recommended to the City Council that Petition 81-9-1-22 be approved; (2) Petition 81-10-1-23 submitted by Boron Oil Company for a change of zoning of property located on the northwest corner of Schoolcraft Service Drive and Merriman Road in the Southeast 1/4 of Section 22, from C-1 to C-2, the City Planning Commission in its resolution itur 11-194-81 having recommended to the City Council that Petition 81-10-1-23 be approved; (3) Petition 81-9-6-7 submitted by the City Planning Commission to amend Section 18.58 of Ordinance #543 so as to incorporate regulations requiring site plan approval in connection with office buildings located in industrial districts, the City Planning Commission in its resolution 11-196-81 having recommended to the City Council that Petition 81-9-6-7 be approved; (4) Petition 81-9-6-8 submitted by the City Planning Commission to amend Article II, Definitions, by adding Section 2.11, Flood Plain Terms, and Article XXVIII, Flood Plain District Regulations, by incorporating language pertaining to flood hazard district regulations, the City Planning Commission in its resolution 11-197-81 having recommended to the City Council that Petition 81-9-6-8 be approved; (5) Petition 81-10-6-9 submitted by the City Planning Commission to amend Section 18.47(a), Requirements of Ordinance #543, so as to incorporate regulations to control the location of signs in Special Area Development Control Areas, the City Planning Commission in its resolu- tion 11-198-81 having recommended to the City Council that Petition. 81-10-6-9 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 amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, 1961+1+ 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. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 8-261 OF CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become fir effective on. publication. By Councilman Nash, seconded by Councilman Ventura, it was #1035-81 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 5, 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 installation of Water and Sewer facilities at Bicentennial Park, the Council does hereby determine as follows: (1) Authorize the Engineering Division to prepare plans and specifications and thereafter to arrange for the taking of bids for a 6-inch sanitary sewer between Lots 58 and 59 of the Bicentennial Subdivision to the east line of the Bicentennial Park, the cost of which is estimated at $2,300.00. (2) Authorize the Department of Law and the Fngineering Division to acquire an appropriate easement from the owners of Lot 58 in order to accommodate the proposed sanitary sewer extension. 4 roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None. *Councilman McCann was excused at 8:07 P. M. 19645 imp By Councilwoman Gundersen, seconded by Councilman Bishop, it was #1036-81 RESOLVED, that having considered a communication from the Director of Finance, dated November 18, 1981, approved for submission by the Mayor, and to which is attached a communication from the Assistant Superintendent for Operational Services for the Livonia Public Schools, dated September 16, 1981, the Council does hereby authorize a rate increase from $12,744.00 to $14,331.00 per month for data processing services furnished to the City of Livonia by the Livonia Public Schools, which rate increase shall take effect commencing on and after December 1, 1981, the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS. None. *Councilman McCann returned at 8.13 P. M By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #1037-81 RESOLVED, that the Council does hereby request that the Finance Director submit a report which sets forth a detailed list of all computer costs incurred by the City for use or lease of such computer equipment, and a report as to when it is anticipated that the City will provide its own computer services in this regard. By Councilman Nash, seconded by Councilwoman Gundersen, it was #1038-81 WHEREAS, It is recognized that a computer malfunction on any Election night is a possibility, thereby preventing ballots to be tabulated, and WHEREAS, Dearborn has tabulation equipment which is compatible with the City of Livonia, and WHEREAS, A reciprocal agreement between these two communities Is desirable in the event of equipment failure so that any one of the two could use the other's facilities; be it RESOLVED, That this Body hereby authorizes the City Clerk to enter into a mutual aid agreement with the City of Dearborn for the processing of ballots on any Election night. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None. 19646 By Councilman Taylor, seconded by Councilwoman Gundersen, it was #1039-81 RESOLVED, that having considered a communication from the Cizy Assessor, dated November 2.0., .1.9.81$,1 which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the Department of Assessment to enter into a Rental Agreement with Tab Products Company for the installation of one (1) Model 701-00, Key-to-Diskette Single Station Computer for a four (4) month period commencing December 1, 1981; and for this purpose the Council does hereby authorize the following transfer of funds: FROM ACCOUNT NO. AMOUNT TO ACCOUNT NO. 101 202 702 000 000 $ 614.00 101 202 943 000 000 Salaries/Wages/Assessment Equipment Rental 101 202 715 000 000 200.00 101 202 943 000 000 Employees S.S./Assessment 101 202 719 000 000 100.00 101 202 943 000 000 Medical Payments/Assmt. 101 202 722 000 000 300.00 101 202 943 000 000 Retirement Fund/Assmt. TOTAL. . . . . . ,214.00 L A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, it was #1040-81 RESOLVED, that having considered the report and recommendation: of the City Engineer, dated November 8, 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 Certificate for Payment, dated October 23, 1981, the Council does hereby authorize final payment in the amount of $2,720.21 to Howe-Martz Glass Company, 14291 Meyers Road, Detroit, Michigan 48227, which sum includes the full and complete balance due on a contract dated January 10, 1979 in the amount of $84,132.00, the actual contract amount completed to date being $86,852.21, in connection with the exterior metal siding contract (Phase III, Part 27) of the Civic Center Municipal Building, it appearing from the aforementioned report that all work under the said contract has been completed in accord- ance with City standards and specifications; and for this purpose the Council does hereby appropriate and authorize the expenditure of an additional $2,720.21 from Federal Economic Development Administration lim Funds. A roll call vote was taken on the foregoing resolution with the following result: AYES* Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None. 19647 By Councilman Ventura, seconded by Councilman Bishop, it was #1041-81 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated November 13, 1981, which bears the signature of the Director of Finance, is approved by the Chair- man of the Water and Sewer Board, and the Director of Public Works and is approved for submission by the Mayor, and the attached Architect's Certificate of Payment #6 (Final), dated November 12, 1981, the Council does hereby authorize final payment in the amount of $1,000.00 to Edington Construction Company, 15670 Edington, Livonia, Michigan 48154, which sum includes the full and complete balance due on a contract dated June 5, 1980, in the amount of $57,620.00, the actual contract amount completed to date being $58,334.00, in connection with the construction of an addition to the DPW Office Building, it appearing from the afore- mentioned report that all work under the said Contract has been completed in accordance with City standards and specifications and appropriate waivers and warranties have been provided by the Contractor as required, FURTHER, the Council does hereby authorize final payment in the amount of $750.00 to Kamp DiComo Associates, P.C., 33200 Schoolcraft Road, Livonia, Michigan for architectural services rendered in connection with this item; and for this purpose the Council does hereby appropriate and authorize the expenditure of the sum of $1,750.00 from the Unexpended Fund Balance Account of the Water and Sewer Budget. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, McCann, Ventura., Nash, Taylor, Gundersen and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #1042-81 RESOLVED, that having considered a communication from the Director of Finance, dated November 9, 1981, and approved for submission by the Mayor, with regard to the City securing the services of a product information network, the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute a Service Agreement with McGraw-Hill Information Systems Company for a one (1) year period commencing December 1, 1981, for the price of $2,795.00; FURTHER, the Council does hereby request that the Director of Finance submit a report at the end of the said one (1) year period relative to the value received by the City in obtaining this service. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, McCann, Nash, Taylor, Gundersen and Bennett. NAYS: Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, it was #1043-81 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 30, 1981, and the report and recommendation of the Chief of Police, dated November 12, 1981 in 19648 connection therewith, the Council does hereby approve the request from Dominic Soave for a new SDM licensed business to be located at 33521 W. Seven Mile Road, Livonia, Michigan 48152, County of Wayne; 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: Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #1044-81 RESOLVED, that having considered the communication from the City Planning Commission, dated November 17, 1981, which transmits its resolution 11-195-81 adopted on November 10, 1981, with regard to Petition 81-9-2-22, submitted by Ramon Castaneda requesting waiver use approval to operate a sit-down restaurant within an existing carry-out restaurant located on the southwest corner of Five Mile Road and Harrison in the Northwest 1/4 of Section 24, which property is zoned C-2, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 81-9-2-22 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: Bishop, Ventura, Nash, Gundersen and Bennett. NAYS: McCann and Taylor. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #1045-81 RESOLVED, that having considered a communication from the Water. and Sewer Board, dated November 12, 1981, approved by the Finance Director and approved for submission by the Mayor and which transmits its resolu- tion WS 2478 9/81 wherein it is recommended that an amendment to Section 5-510 of the Livonia Code of Ordinances be adopted, which pertains to providing an exemption to certain users with respect to sewage disposal charges, the Council does hereby determine to take no further action. The communication from the City Assessor dated November 24, 1981 with respect to the Tax Status of Rosedale Gardens Civic Association Clubhouse, was received and placed on file for the information of the Council. By Councilman Ventura, seconded by Councilman Taylor, it was 19649 #1046-81 RESOLVED, that having considered a communication from the Mayor, dated November 30, 1981, to which is attached a communication from Dimitrios Gotsis and Sylvia Gotsis, his wife, dated October 19, 1981, requesting an additional five (5) years extension to the lease between the City of Livonia and Mr. and Mrs. Gotsis with respect to the Golden Lantern Restaurant, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonlavvo execute Amendment No. 3, which would provide that the tenant shall/the option to extend the present lease for an additional five (5) year period, the said Amendment to be prepared by the Department of Law and to be based on the same terms and conditions which are set forth in Amendment No. 2. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None. *Councilman McCann was excused at 8.25 P. M. By Councilman Nash, seconded by Councilman Bishop, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 24, 1981, in connection with a communication from the Assistant Superintendent for Operational Services for the Livonia Public Schools, dated June 17, 1980, which transmits a resolution adopted by the Livonia Board of Education on June 2, 1980, with respect to the School District's request relative to a summer tax collection, and having also considered a communication from the Superintendent of the Clarenceville School District, dated July 24, 1981 which transmits a resolution adopted by the Clarenceville Board of Education, which requests the summer tax collection of certified school taxes beginning July 1, 1982, and having also considered a communication from the Livonia Board of Education, dated July 21, 1981, wherein a similar request is submitted requesting the levy and collection of 1/2 of the taxes for the Livonia Public Schools School District, effective the summer of 1982, and the Council having conducted a public hearing with respect to this matter on November 19, 1981, pursuant to Council Resolu- tion 890-81, and in accordance with the provisions set forth in Section 16.11 of 1976 PA 451, as amended by 1981 PA 87 (MCIA 380.1611), the Council does hereby determine to approve the levy and collection, commencing July 1, 1982, of 1/2 of the school taxes on the taxable property situated in the City of Livonia portion of the Livonia Public Schools School District and 1/2 of the school taxes on the taxable property situated in the City of Livonia portion of the Clarenceville School District, as certified by the aforesaid school districts, in the amount of the total levy of school taxes due; FURTHER, the Council does hereby request that the City Assessor and the City Treasurer submit their respective reports and recommendations relative to the implementation of the foregoing action insofar as the preparation and format of tax bills, a determination of the costs that will be incurred by the City in the implementation of the action authorized herein, and the method and timing of billing to the respective school districts for the costs so determined, and the aforesaid action shall be conditioned on agreement between the respective school districts and the City on the question of cost and billing for same. 19650 By Councilman Bishop, seconded by Councilman Taylor, it was #1047-81 RESOLVED, that having considered the report and recommendation. of the Committee of the Whole, dated August 24, 1981, in connection with a communication from the Assistant Superintendent for Operational Services for the Livonia Public Schools, dated June 17, 1980, which transmits a resolution adopted by the Livonia Board of Education on June 2, 1980, with respect to the School District's request relative to a summer tax collection, and having also considered a communication from the Superintendent of the Clarenceville School District, dated July 24, 1981 which transmits a resolution adopted by the Clarenceville Board of Education, which requests the summer tax collection of certified school taxes beginning July 1, 1982, and having also considered a communication from the Livonia Board of Education, dated July 21, 1981, wherein a similar request is submitted requesting the levy and collection of 1/2 of the taxes for the Livonia Public Schools School District, effective the summer of 1982, and the Council having conducted a public hearing with respect to this matter on November 19, 1981, pursuant to Council Resolu- tion 890-81, and in accordance with the provisions set forth in Section 16.11 of 1976 PA 451, as amended by 1981 PA 87 (MCLA 380.1611), the Council does hereby refer this matter to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Taylor'and`Gundersen. NAYS: Bennett. .The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #1048-81 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 24, 1981, in connection with a communication from the Assistant Superintendent for Operational Services for the Livonia Public Schools, dated June 17, 1980, which transmits a resolution adopted by the Livonia Board of Education on June 2, 1980, with respect to the School District's request relative to a summer tax collection, and having also considered a communication from the Superintendent of the Clarenceville School District, dated July 24, 1981 which transmits a resolution adopted by the Clarenceville Board of Education, which requests the summer tax collection of certified school taxes beginning July 1, 1982, and having also considered a communication from the Livonia Board of Education, dated July 21, 1981, wherein a similar request is submitted requesting the levy and collection of 1/2 of the taxes for the Livonia Public Schools School District, effective the summer of 1982, the Council does hereby request that the City Assessor and the City Treasurer submit their respective reports and recommendations relative to the implementation of the foregoing action insofar as the preparation and format of tax bills, a determination of the costs that will be incurred by the City in the implementation of the action au- thorized herein, and the method and timing of billing to the respective school districts for the costs so determined; further, the Council hereby 19651 requests that the Finance Director submit a report relative to the manner in which general lending institutions would adjust escrow accounts if the foregoing action were approved; and the Council does hereby request that the aforesaid reports of the City Assessor, City Treasurer and Finance Director be submitted no later than January 15, 1982. P roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None. *Councilman McCann returned at 8:47 P. M. By Councilman McCann, seconded by Councilman Bishop, end unanimously adopted, it was #1049-81 RESOLVED, that having considered a communication from the Personnel Director, dated November 24, 1981, approved by the Finance Director and approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on November 19, 1981 which recommends approval of the following salary adjustments for the positions of Assistant City Assessor and Property Appraiser, effective December 1, 1981; PROPOSED INCREASE INCLUDING 4.5% POSITION CURRENT MAXIMUM PROPOSED INCREASE PLUS 25¢ PER HOUR Assistant City $ 26,187.20 $ 27,747.20 $ 29,515.20 Assessor Property $ 20,217.60 $ 21,424.00 $ 22,900.80 Appraiser the Council does hereby refer this item to the Committee of the Whole for further consideration. By Councilman Ventura, seconded by Councilman Taylor, it was #1050-81 RESOLVED, that having considered a communication dated November 30, 1981, from the Department of Law transmitting for Council acceptance three Grants of Easement more particularly described as: One Grant of Easement, dated November 11, 1981, executed by Lidia Veri, President of Rest in the Son, Inc. and Angelo D'Orazio, Secretary of Rest in the Son, Inc. for: Land in the City of Livonia, Wayne County, Michigan, described as follow: Beginning at a point distant N. 00° 10' 55" E. , 1980 00 feet along the North and South 1/4 line of Section 4, T. 1 S., R. 9 E., and the center- line of Gill Road (76 feet wide) , thence S. 89° 59' 37" W., 193.00 feet from the South 1/4 corner of Section 4, T. 1 S., R. 9 E., thence S. 89° 59' 37" W., 90.00 feet; thence N. 00° 10' 55" E., 12.00 feet; thence N. 19652 89° 59' 37" E., 90.00 feet; thence S. 00° 55" W., 12.00 feet to the point of beginning; and Two Grant of Easement, dated November 11, 1981, executed by Lidia Veri, President of Rest in the Son, Inc. and Angelo D'Orazio, Secretary of Rest in the Son, Inc. for: Land in the City of Livonia, Wayne County, Michigan, described as follows: A parcel of land six feet (6.0' ) wide lying west of and adjacent to the following described parcel: Part of the Southwest 1/4 of Section 4, Town 1 South, Range 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 North 00° 10' 55" E. 1980.00 feet along the North and South 1/4 line of Section 4; thence South 89° 59' 37" W., 43.00 feet to the west line of Gill Road (76 feet wide) and the Point of Beginning; thence South 89° 59' 37" W. , 150.00 feet; thence North 00° 10' 55" E., 82.50 feet; thence North 89° 59' 37" E. , 150.00 feet to the West line of said Gill Road; thence South 00° 10' 55" West 82.50 feet along said line to the Point of beginning. Containing 0.284 acres of land; and Three Grant of Easement, dated November 11, 1981, executed by Orlando Bruni and Faith H. Bruni, his wife, for: The West 12.00 feet of the following described parcel: 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 North 00° 10' 55" E. , 1980.00 feet along the North and South 1/4 line of Section 4; thence South 89° 59' 37" W., 43.00 feet to the west line of Gill Road (76 feet wide) and the Point of Beginning; thence South 89° 59' 37" W., 150.00 feet; thence North 00° 10' 55" E. , 82.50 feet; thence North 89° 59' 37" E., 150.00 feet to the West line of said Gill Road; thence South 00° 10' 55" West 82.50 feet along said line to the point of beginning. Containing 0.284 acres of land. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants 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 iunidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, McCann, Ventura, Nash, Taylor, Gundersen. and Bennett. NAYS: None. 19653 By Councilman Nash, seconded by Councilman Taylor, it was #1051-81 RESOLVED, that having considered a communication dated November 23, 1981, from the Department of Law transmitting for Council acceptance four Grants of Easement more particularly described as: Grant of Easement, dated August 14, 1981, executed by National Bank of Detroit and Irene M. Klopp, Co-Trustees of Mogens C. Klopp Trust, and Peter R. Klopp, Jr. and Virginia Klopp, his wife for: A triangular parcel of land measuring 45 feet along the North lot line (also known as the South line of the I-96 Expressway) and 20 feet along the East lot line of the following parcel of land: That part of the N.E. 1/4 of Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning S. 0° 26' 13" West, 102 feet and N. 89° 25' 10" West 579.00 feet and S. 0° 26' 13" West, 146.00 feet from the N.E. corner of said Section 29; thence S. 0° 26' 13" W., 479.92 feet; thence N. 89° 25' 10" W. , 153.76 feet; thence N. 0° 30' 57" E., 479.92 feet; thence S. 89° 25' 10" E., 153.1 feet to point of beginning (Part of Bureau of Taxation Parcel 29A4a1. ) and Grant of Easement, dated November 3, 1981, executed by Alex V. Fedrigo and Gwen W. Fedrigo, his wife, for: The West 12 feet of the East 25 feet of the following parcel of land: That part of the N.E. 1/4 of Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant N. 89° 25' 10" W., 315.00 feet and S. 00° 26' 13" W., 248.00 feet from the N.E. corner of Section 29, T. 1 S., R. 9 E., and proceeding thence S. 00° 26' 13" W., 1072.00 feet; thence N. 89° 25' 10" W., 264.00 feet; thence N. 00° 26' 13" E., 1072.00 feet; thence S. 89° 25' 10" E. , 264.00 feet to the point of beginning except the North 400.00 feet thereof. (Part of Bureau of Taxation No. 29A6a,A7a1) and Grant of Easement, dated July 22, 1981, executed by Richard S. Garard, President of Froude Engineering, Inc. for: The North 20 feet of the West 20 feet of the following parcel of land: That part of the N.E. 1/4 of Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant North 89° 25' 10" West 315.00 feet and South 00° 26' 13" West 248.00 feet and North 89° 25' 10" West 132.00 feet from the N.E. corner of Section 29, T. 1 S., R. 9 E., and proceeding thence South 00° 26' 13" West 400.00 feet; thence North 89° 25' 10" West 132.00 feet; thence North 00° 26' 13" East, 400.00 feet; thence South 89° 23' 10" East 132.00 feet to the point of beginning. (Part of Bureau of Taxation Parcel 29A5a) . and 19654 Grant of Easement, dated November 3, 1981, executed by Richard S. Gerard, President of Froude Engineering, Inc. for: The West 12 feet of the East 25 feet of the South 180 feet of the following parcel of land: That part of the N.E. 1/4 of Section 29, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant North 89° 25' 10" West 315.00 feet and South 00° 26'13" West 2+8.00 feet from the N.E. corner of Section 29, T. 1 S., R. 9 E. , and proceeding thence South 00° 26' 13" West 400.00 feet; thence North 89° 25' 10" West 132.00 feet; thence North 00° 26' 13" East 400.00 feet; thence South 89° 25' 10" East 132.00 feet to the point of beginning. (Part of Bureau of Taxation Parcel 29A6a, A7a1) . The Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants 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: Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS: None. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (PETITION 81-8-3-6) 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. r"he above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Taylor, seconded by Councilman Nash, and unanimously adopted, J.t was #1052-81 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 355-80 adopted on April 23, 1980 (United States District Court Case No. 77-1725+ re: William Michael Dwyer v Robert Turner, et al) . By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was 19655 #1053-81 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 Nash, seconded by Councilman Taylor, it was #1054-81 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 24, 1981, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Item No. 8 of Council Resolution 866-78, adopted on September 27, 1978, as amended by Council Resolutions 229-79, 1101-79 and 26-80, so as to reduce the financial assurances now on deposit with the City for general improvements to $10,000.00 of which $3,000.00 shall be in cash and to reduce the financial assurances now on deposit with the City for sidewalks to $2,200.00 of which $1,100.00 shall be in cash and to reduce the Landscaping Bond to $2,500.00 for the Woodcreek Farms Subdivision No. 3, located in the S.E. 1/4 of Section 15, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, the Council does hereby authorize the release to United Homes, 24801 Five Mile Road, Detroit, Michigan 48239, the proprietor of the Woodcreek Farms Subdivision No. 3 of the financial assurances previously deposited with the City with respect to Grading and Soil Erosion Bond in the amount of $1,500.00, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia; and all other financial assurances now on deposit with the City with respect to remaining improvements in said subdivision, shall remain the same and unchanged; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, McCann, Ventura, Nash, Taylor, Gundersen and Bennett. NAYS. None, By Councilwoman Gundersen, seconded by Councilman Taylor, and unanimously adopted, this 970th Regular Meeting of tha c',unci.1 of the City of Livonia was duly adjourned at 9:30 P. M., December 7; 1981. (-L/:Le ADDISON W. BA 0y) CI CLERK