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HomeMy WebLinkAboutCOUNCIL MINUTES 1981-05-27 19309 L MINUTES OF THE NINE HUNDRED AND FIFTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 27, 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. . Councilwoman Gundersen delivered the invocation. Roll was called with the following result: Robert D. Bennett, Robert F. Nash, Gerald Taylor, Alice Gundersen, Robert R. Bishop, Robert E. McCann and Peter A. Ventura. Elected and appointed officials present: Edward H. McNamara, Mayor; Frances S. Stem, Deputy City Clerk; Harry C. Tatigian, City Attorney; Edith Davis, Director of Administrative Services; Stanley Bien, Chief Librarian; James P. Andres, CETA Program Administrator; John Nagy, City Planner; Richard 0. Jones, Public LUtility Manager; Frank Kerby, Chief Building Inspector; G. E. Siemert, City Engineer, Daniel R. Andrew, Planning Commission; Russell Gronevelt, Superintendent of Public Service; Michael Reiser, Emergency Preparedness Coordinator; Jack Dodge, Finance Director; Robert E. Osborn, Director of Public Works and Joan Duggan, Director, Department of Community Resources. By Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #465-81 RESOLVED, that the minutes of the 955th Regular Meeting of the Council of the City of Livonia, held May 13, 1981, are hereby approved. The communication from the CETA Program Administrator dated April 30, 1981 transmitting copies of the March 31, 1981 federally required Quarterly Reports relative to the City of Livonia CETA Program, was received and placed on file for the information of the Council. By Councilman Bishop, seconded by Councilwoman Gundersen, it was #466-81 RESOLVED, that having considered the report and recommendation of the Public Utility Manager, dated April 21., 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 19310 authorize the Mayor and City Clerk to execute a full service maintenance contract for and on behalf of the City of Livonia with Zelda Elevator Company, 313 East Baltimore, Detroit, Michigan 48202, based on a monthly fee of $598.00, and with the provision that said contract may be ter- minated at the end of a service year upon a 90-day notice, and the Agreement shall be subject to approval as to form by the Department of Law; FURTHER, the Council does hereby appropriate and authorize the transfer of the sum of $5,000.00 from the Unexpended Fund Balance Account to Account #101-447-818.020.000, for this purpose; and the Council does hereby determine to authorize the said contract 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(d) (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 Bishop, seconded by Councilman Ventura, it was #467-81 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated May 1, 1981, approved by the Director of Finance and the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Plymouth Oil Company, 13777 Plymouth Road, Detroit, Michigan 48227, for supplying the Public Service Division (Equipment Maintenance Section) with regular and unleaded gasoline, the same having been in fact the lowest bid received and meets specifications. 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 #468-81 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated April 29, 1981, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Allie Brothers, 20331 Middlebelt Road, Livonia, Michigan 48152, for supplying the Division of Fire with 155 Shirts for $2,867.50 and 155 Pants for $2,790.00, for a total of $5,657.50, the same having been in fact the lowest bid received and meets specifications. 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 19311 #469-81 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated April 29, 1981, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of the Horton Company, 500 Industrial Mile Road, Columbus, Ohio 43228, for supplying the Fire Division with two (2) Module Type Ambulance Vehicles (1981 Horton 450 MR) for the total price of $84,698.00, the same having been in fact the lowest and only bid received and meets specifica- tions; FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $84,698.00 from the 1968 Fire Department General Obligation Bond Issue, for this purpose. 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 Bishop, seconded by Councilwoman Gundersen, it was #470-81 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated May 5, 1981, approved by the Director of Public Works and the Director of Finance and approved for submission by the Mayor, the Council does hereby determine as follows: 1. to authorize final payment in the amount of $2,005.93 to Firebaugh & Reynolds Roofing Co., 45240 Grand River, low Novi, Michigan 48050, which sumincludes the full and complete balance due on a contract dated August 27, 1980, in the amount of $13,834.00, in connection with Noble Library Roof Repairs; and 2. to authorize final payment in the amount of $200.00 to Detroit Roofing Inspection Service, Inc., 3560 E. Nine Mile Road, Warren, Michigan 48091, in accordance with an invoice dated April 3, 1981 for the preparation of specifications and on-site inspection in connection with roof repairs at Noble Library; it appearing from the aforementioned report that all work under the aforesaid contract has been completed in accordance with City standards and specifications, and that the necessary Contractor's Affidavit, Maintenance and Guarantee Bond have been filed; and the City Clerk is 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: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. By Councilman Nash, seconded by Councilwoman Gundersen, it was #471-81 RESOLVED, that having considered a communication from the City Engineer, dated April 24, 1981, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for 19312 100 submission by the Mayor, to which is attached a request dated April 16, 1981 from R. E. Dailey and Company, Construction Manager for the Civic Center Municipal Building, for a payment in the amount of $4,726.08 for reimbursables (Waterproofer), the Council does hereby authorize payment of the aforesaid amount to R. E. Dailey and Company, as submitted; FURTHER, the Council does hereby appropriate and authorize the expenditure of an additional $4,726.08 from Federal Economic Development Funds, for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash and Bennett. NAYS: Taylor. The President declared the resolution adopted. By Councilman McCann, seconded by Councilwoman Gundersen, it was #472-81 RESOLVED, that having considered a communication from the Chief Librarian, dated April 28, 1981, approved by the Director of Finance and approved for submission by the Mayor, and to which is attached a copy of a communication from the Wayne Oakland Library Federation, dated February 23, 1981, the Council does hereby determine to increase the Budget Revenue Account #101-000-686.010 in the amount of $18,500.00 and then to there- after transfer a like amount from the aforesaid account to Account #101-737-827 in order to provide the funds needed for Wayne County Cooperative Services for the balance of this fiscal year, the action herein being taken for the reasons indicated in the aforesaid communications. 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 #473-81 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 24, 1981, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Vacri Land Development Company, 26431 Meadowview, Farmington Hills, Michigan 1+8024, the proprietor of Hidden Pines Subdivi- sion #3, situated in the N. E. 1/1. of Section 10, of the Soil Erosion and Sedimentation Bond in the amount of $8,400.00, deposited with the City in accordance with Council Resolution 101-79, and thereafter amended by Council Resolution 1099-79 and 27-80; and further, all other financial assurances now on deposit with the City for other improvements shall remain the same and unchanged, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer. 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. 19313 By Councilman Taylor, seconded by Councilman Bishop, it was #474-81 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 29, 1981, approved by the Director of Publi Works and approved for submission by the Mayor, the Council does hereby authorize the release to Curtis Building Company, 25950 Five Mile Road, Detroit, Michigan 48239, the proprietor of the Nottingham Woods Subdivi- sion #2, located in the south 1/2 of Sections 8 and 9, the financial assurances previously deposited with respect to general improvements and the cash payment for survey monuments and lot markers in the amount of $3,695.00, pursuant to Council Resolution 330-72, and subsequently amended by Council Resolutions 882-72, 18-73, 147-73, 708-73 and 80-75; FURTHER, all other financial assurances now on deposit with the City, with respect to this subdivision shall remain the same and unchanged; 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. 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 imp #475-81 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 29, 1981, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Curtis Building Company, 25950 Five Mile Road, Detroit, Michigan 48239, the proprietor of the Nottingham Woods West Subdivision #3, located in the S.W. 1/4 of Section 9, the financial assurances previously deposited with respect to general improvements and sidewalk improvements and the cash payment for survey monuments and lot markers in the amount of $300.00, pursuant to Council Resolution 707-73 and subsequently amended by Council Resolution 81-75; further, all other financial assurances now on deposit with the City, with respect to this subdivision shall remain the same and unchanged, and the action herein being taken for the reasons indicated in the aforementioned reports 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. 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 Councilman McCann, it was #476-81 RESOLVED, that having considered a communication from Richard D. Rattner, Law Firm of Williams, Schaefer, Ruby & Williams, dated April 24, 1981, wherein it is indicated that his client, Resteel Center Corporation intends to transfer its facilities from 29423 West Six Mile Road, Livonia, Michigan, to the Walton-Opdyke Industrial Park, located in Pontiac 1931+ Township, Michigan, and which indicates that Restoel Center Corporation desires to obtain 197+ PA 198 exemption for the township facility, the Council does hereby consent to the granting of the said certificate in the manner and form requested; and the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #477-81 RESOLVED, that having considered a letter, dated May 6, 1981, from Vincent J. Moceri, 30056 Bobrich, Livonia, Michigan, requesting permission to close Bobrich, between Louise and Stamwich in Section 11, on August 2, 1981, from Noon to 10:00 P.M. for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, the action herein being made subject to approval of the Police Department. By Councilman Nash, seconded by Councilman Bishop, it was #478-81 RESOLVED, that having considered a communication from the Livonia Woodcarvers, dated May 4+, 1981, with respect to the Livonia Woodcarvers, Annual Show to be held on August 1st and 2nd, 1981, at the Eddie Edgar Sports Arena, the Council does hereby determine to authorize the waiver of all Transient Merchants License Fees for exhibitors at the aforesaid event, and the City Clerk is 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: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, it was #479-81 RESOLVED, that having considered a communication from the City Planning Commission, dated April 20, 1981, which sets forth its resolution 4+-70-81, adopted on April 7, 1981, with regard to a request from James Blain Associates for an extension of the approval of Petition 79-5-2-14+, relative to a waiver use approval to construct a building for general office uses on the northeast corner of Levan and Schoolcraft Service Drive in the Southeast 1/4+ of Section 20, previously granted in Council Resolution 785-79, adopted on August 15, 1979, the Council does hereby determine to concur in the recommendation of the Planning Commission and grant the requested extension for a one (1) year period, subject to compliance with all of the conditions attached to the original waiver use approval. A roll call vote was taken on the foregoing resolution with the following result: 19315 AYES: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #480-81 RESOLVED, that having considered a communication from the Superintendent of Public Service, dated April 23, 1981, approved by the Director of Public 1:orks and approved for submission by the Aayor Pro Tem, which recommends the establishment of a policy with respect to allocation of costs involved in the installation of "Blind or Deaf Child in Neighborhood" signs, the Council does hereby refer the same to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, McCann, Nash, Taylor and Bennett. NAYS: *Bishop and Ventura. The President declared the resolution adopted. *Councilman Bishop made the following statement: 'I think the installatioi should be at City expense and should be given no further consideration' . By Councilman Ventura, seconded by Councilman Bishop, it was #481-81 RESOLVED, that having considered a communication from the Livonia Housing Commission, dated April 29, 1981, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby determine to adjust and establish a salary for the Executive Director of the Livonia Housing Commission, as follows: McNamara Towers - $18,200.00 (Retroactive to January 1, 1981) Silver Village - 6,000.00 (Retroactive to April 1, 1981) Brashear Tower - 4,000 00 (Retroactive to January 27, 1981) $28,200.00 A roll call vote was taken on the foregoing resolution with the following result. AYES: Gundersen, Bishop, Ventura, Nash, Taylor and Bennett. NAYS: McCann. The President declared the resolution adopted. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE ADDING SECTION 19.03 OF ARTICLE XIX, SECTION 21.10 OF ARTICLE XXI, SECTION 22.04 OF ARTICLE X�:II, AND SECTION 23.03 OF ARTICLE XXIII OF OR- DINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." 19316 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Nash, seconded by Councilwoman Gundersen, it was ,x482-81 RESOLVED, that having considered a communication from the Lepartment of Law, dated May 8, 1981, approved for submission by the Mayor, to which is attached a copy of an Offer to Purchase Real Estate dated April 9, 1981 from T,idia D. Veri, 35762 Veri, Livonia, Michigan, with regard to certain City-owned property located on the north side of Seven Mile Road, west of Farmington Road, the Council does hereby refer the same to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilwoman Gundersen, it was ;1483-81 RESOLVED, that having considered a communication from the CETA Program Administrator, dated May 6, 1981, approved by the Finance Director and approved for submission by the Mayor, to which is attached Grant Modification #5 to the City of Livonia's CETA Annual Plan for Fiscal Year 1981, the Council does hereby authorize the said Grant Modification in the manner and form indicated in the aforesaid communication; and the Mayor and City Clerk are hereby requested to execute the same 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: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilman Ventura, it was #f484-81 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 30, 1981, approved by the Director of Public Works and approved for submission by the Mayor Pro Tem, to which is attached a letter from Tony Angelo Cement Construction Company, 24768 Lahser Road, Suite 3, Southfield, Michigan 48034, dated April 24, 1981, wherein the said contractor requests the use of a portion of the Greenmead Historical site for erecting and operating a temporary concrete batch plant in connection with the Newburgh Road Paving Project, and having alsc considered a communication from the Historical Commission, dated May 18, 1981, the Council does hereby authorize the Tony Angelo Cement Constructicon 19317 Company to use the portion of the Greeninead Historical Site shown on the attachment for the purpose of erecting and operating the requested temporary concrete batch plant, subject to compliance with the conditions listed in their letter of April 24, 1981. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, AcCann, Ventura, Hash, Taylor and Bennett. NAYS: None. By Councilman AcCann, seconded by Councilman Taylor, it was #485-81 RESOLVED, that having considered a communication from the Council President, dated April 22, 1981, which proposes certain amendments to the "Rules of the Council", as set forth in Title 2, Chapter 1 of the Livonia Code of Ordinances, as amended, including the utilization of a Consent Agenda" and the elimination of the "rise" requirement set forth in Section 2-109, the Council does hereby refer the same to the Department of Law for the purpose of an ordinance amendment, in order to implement these recommendations, and to thereafter be submitted to Council for its consideration. 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 Ventura was excused at 8:31 P. 4. By Councilman McCann, seconded by Councilman Taylor, it was ;486-81 RESOLVED, that having considered a communication from the City Planning Commission, dated May 14, 1981, which transmits its resolution 5-89-81, adopted on May 12, 1981, with regard to Petition 81-4-8-14, submitted by Livonia Professional Pavilion requesting site-plan approval in connection with a proposal to construct a medical office building on the south side of Six Mile Road, between South Laurel Park Drive and Newburgh Road in Section 18, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby determine to concur in the recommendation of the Planning Commission and Petition 81-4-8-14 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, as well as the additional condition that the petitioner shall provide internal storage of trash and related items and that no outside storage of same shall be permitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Nish, Taylor and Bennett. NAYS: None. *Councilman Ventura returned at 8:32 P. M. 19318 lbw By Councilman Bishop, seconded by Councilman Ventura, it was 7'1+87-81 RESOLVED, that having considered a communication from the Livonia Jaycees, dated April 23, 1981, with regard to the action taken by the City Council in Council Resolution 51-81 which accepted a gift from the Livonia Jaycees in the amount of $2,500.00, the Council does hereby determine to amend and revise Council Resolution 51-81 so as to indicate that the money accepted therein is for use in the promotion of the First Step Program, in lieu of the Youth Assistance Program. 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 #1+88-81 RESOLVED, that having considered a communication from the Mayor, dated May 15, 1981, the Council does hereby approve of and concur in the reappointment of Mrs. Carol Sobolewski, 9200 Montana, Livonia, Michigan, to the City Planning Commission for a term which will expire on June 9, 1984, provided that Mrs. Sobolewski takes the oath of office as required in Section 3, Chapter X of the City Charter, to be administered by the City Clerk. 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 Bishop, seconded by Councilman Ventura, it was #1+89-81 RESOLVED, that having considered a communication from the Mayor,, dated May 15, 1981, the Council does hereby approve of and concur in the reappointment of Mrs. Judith A. Scurto, 1561+2 Stonehouse, Livonia, Michigan to the City Planning Commission for a term which will expire on June 9, 1984, provided that Mrs. Scurto takes the oath of office as required in Section 3, Chapter X of the City Charter, to be administered by the City Clerk. 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 #1+90-81 RESOLVED, that having consilered a communication from the Mayor, dated May 15, 1981, the Council does hereby approve of and concur in the reappointment of Mr. Daniel R. Andrew, 16728 Park Lane, Livonia, Michigan, to the City Planning Commission for a term which will expire on June 9, 1981 , provided that Mr. Andrew takes the oath of office as reruired in Section 3, Chapter X of the City Charter, to be administered by the City Clerk. 19319 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 McCann, seconded by Councilwoman Gundersen, it was #491-81 RESOLVED, that having considered a communication from the Depart- ment of Law, dated May 18, 1981, submitted pursuant to Council Resolution 298-81, transmitting for Council acceptance a Warranty Deed dated May 15, 1981, executed by Edward Jowski and Bernadine Jowski, his wife, conveying to the City certain property described as follows: Land in the City of Livonia, County of Wayne, State of Michigan, described as: The East 60 feet of the following parcel of land: Being a part of the East 1/2 of Section 6, Town 1 South, Range 9 East, more particularly described as: The N ,rth 125 feet of the South 1780 feet of the East 228 feet of the Southeast 1/4+ of Section 6, Town 1 South, Range 9 East, except the North 25 feet thereof. (Part of Bureau of Taxation Parcel 06J38a1a - Newburgh Road Right-of-Tray) the Council does hereby determine, for and on behalf of the City of Livonia to accept the aforesaid Warranty Deed and the City Clerk is hereby requested to have the same recorded with the ?Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; FURTHER, the City .,\ssessor is hereby requested to have this property removed from the tax rolls and to show the same as City-owned and tax-exempt. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #492-81 RESOLVED, that having considered the report and recommendation of the Department of Law, dated May 13, 1981, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to the matter of the condemnation of certain private property owned by the Shell Oil Company, located on Six Mile Road between Newburgh Road and Fitzgerald Avenue, Wayne County Circait Court Civil Action No. 76-618823-CC the Council does hereby appropriate and authorize the expenditure of the sum of $14,416.9+ for the purpose of making a statutory interest payment to Shell Oil Company, as well as to make payments to Gerald L. Anderson, Howard E. Krohner and the law firm of Mason, Steinhardt 4. Jacobs, in the amounts and for the reasons indicated in the aforesaid communication; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution 19320 A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventu2a, Nash, Taylor and Bennett. NAYS: None. By Councilman Nash, seconded by Councilwoman Gundersen, and unanimously adopted, it was #493-81 RESOLVED, that having considered a communication dated May 15, 1981, from Hugh Leavell, 32625 Seven i-lile Road, Livonia, Michigan 48152, which in accordance with the provisions of Section 19.08 of Ordinance No. 54+3, as amended, the Zoning Ordinance, takes an appeal from a determination made on May 12, 1981 by the City Planning Commission in its resolution 5-90-81, with regard to a revised site plan submitted in connection with Petition 80-1-2-1, by Hugh Leavell, requesting waiver use approval to use an existing building located on the south side of Seven Mile Road between Loveland and Mayfield in the Northwest 1/4+ of Section 10 for general office purposes, the Council does hereby designate Monday, June 22, 1981 at 7:00 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 Bishop, seconded by Councilman Ventura, it was #494-81 RESOLVED, that having considered a communication from the Director of Finance, dated April 10, 1981, approved for submission by the Mayor and submitted pursuant to Council Resolution 264-81 with regard to an alleged error in the interest rate charged on a 1975 Special Assessment sent to Mr. H. Rennolds, Jr. , 36111 Five Mile Road, Livonia, achigan 48154, regarding the paving of a sidewalk, the Council does hereby authorize and approve the credit on the outstanding balance of the difference between what was required to be paid as special assessment installments at an interest rate of 8%, as compared to what would otherwise have been paid in the event that a 6% rate had been levied, the same to be computed from the commencement of the subject Special Assessment to the current date, the action herein being made subject to and conditioned upon the payment by Mr. Rennolds of the remaining balance due on the outstanding assessment, which shall be paid in full forthwith. 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 19321 14.95-81 RESOLVED, that having considered a communication from the City Planning Commission, dated February 13, 1981, which sets forth its resolu- tion 2-20-81, adopted on February 10, 1981, with regard to Petition 81-1-1-1 submitted by Leo I. Stein for a change of zoning on property located south of Plymouth Road, west of Farmington Road in the Northeast 1/4 of Section 33, from R-7 and C-2 to R-9, and the Council having conducted a public hearing with regard to this matter on April 6, 1981, pursuant to Council Resolution 179-81, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 81-1-1-1 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of subject map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, LIcCann, Ventura, Nash and Taylor. NAYS: Bennett. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilwoman Gundersen, it was ;#496-81 RESOLVED, that having considered a communication from the Depart- ment of Community Resources, dated April 28, 1981, which bears the sig- nature of the Finance Director and is approved for submission by the ,.payor the Council does hereby determine for and on behalf of the City of Livonia to accept a donation in the amount of 4+0.00 from the Livonia Towne Club for the purchase of blood pressure equipment to be used in the Livonia Senior Citizen Program; and the Council does hereby take this means to express its appreciation to the Livonia Towne Club for its fine and generous gesture; and, further, the Council does hereby determine that said amount be deposited into Account #101-174+-931.010, for this purpose. 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 Councilwoman Gundersen, it was #497-81 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated May 14, 1981, approved for submission by the Mayor and submitted in behalf of the Livonia Anniversary Committee, Inc. , the Council does hereby authorize the issuance of a permit for the Wade Amusement Company to hold a Carnival, Amusement Rides and Circus at Ford Field, without the payment of any fees, for the period June 23 - 28, 1981, in connection with the Spree "31" Celebration; the hours of operation for amusement rides being limited on June 23, 24, and 25, from 4:30 P.M. to Midnight and on June 26, 27, and 28, from Noon to Midnight; FURTHER, the Council does hereby grant permission to the said Livonia Spree "31" Committee and the Parks and Recreation Division of the Department of 19322 Iftm Public Service to transport and fire aerial fire works on Sunday, June 28, 1981 at 10:00 P.M., at Veterans Park, adjacent to Ford Field, provided, however, that this fireworks display shall be conducted in an area approved by it; FURTHER, that the permission herein granted is conditioned upon full compliance and adherence to the provisions set forth in 1968 PA 358; and the Bureau of Inspection and the City Clerk are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, it was #498-81 RESOLVED, that having considered a communication from the Mayor, dated May 5, 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 neighborhood residents with respect to the George F. Valassis EDC Project, who are as follows Mr. Dale F. Bowlin Mr. Alex V. Fedrigo, L Plant Manager Owner FMC Corporation Alex & Company 35750 Industrial Road 35950 Industrial Road Livonia, Michigan 48150 Livonia, Michigan 48150 the Council does hereby approve of and concur in the aforesaid action, 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: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 24 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3.--THERETO. RE' PETITION 81-1-1-2 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Loffice of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Nash gave first reading to the following Ordinance' 19323 AN ORDINANCE AMENDING SECTION 18.45 lop OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (RE: PETITION 81-1-6-1) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4-407 OF TITLE 4, CHAPTER 4 (ENTERTAINMENTS AND AMUSEMENTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance• AN ORDINANCE AMENDING TITLE 5, CHAPTER 5 (SEWERS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTION 5-510 THEREOF. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Taylor, seconded by Councilman Ventura, it was #499-81 RESOLVED, that having considered the report and recommendation of the Water and Sewage Committee, dated May 20, 1981, and submitted pursuant to Council Resolution 371-81, in connection with a communication from the Water and Sewer Board, dated March 25, 1981, with regard to sewage disposal rate increases which have been established by the Wayne County Board of Public Works and which will take effect on all bills rendered after July 1 1981, the Council does hereby take this means to protest the foregoing action on the basis that it represents an excessive increase in sewage disposal rates and to request that the Wayne County Board of Public Works reconsider the action they have taken in this regard. 1932+ A roll call vote was taken on the foregoing resolution with the following result. IND AYES: Gundersen, Bishop, McCann, Ventura, Nash, Taylor and Bennett. NAYS: None. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING THERETO CHAPTER ENTITLED "INDUSTRIAL WASTE SURCHARGE ORDINANCE." The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Bishop, seconded by Councilman McCann, it was #500-81 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 12, 1981, submitted pursuant to Council Resolution 249-80, in connection with a communication from the City Planning Commission, dated December 11, 1979, which sets forth its resolution 12-24+0-79, adopted on December 14, 1979, with regard to Petition 79-10-6-5 submitted by the City Planning Commission on its own motion to establish new regulations for the control of the use of S.D.D. licenses in the waiver use section of the C-1 and C-2 Districts, and the Council having conducted a public hearing with regard to this matter on February 25, 1980, pursuant to Council Resolution 58-80, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 79-10-6-5 is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 54+3, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Gundersen, Bishop, McCann, Nash, Taylor and Bennett. NAYS: Ventura. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Taylor, it was RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 12, 1981, submitted pursuant to Council Resolution 955-80 in connection with a communication from the City Planning Commission, dated August 1, 1980, which sets forth its resolution 7-186-80, adopted on July 22, 1980, with regard to Petition 80-6-6-8 initiated by Council Resolution 363-80, to amend Section 11.03 of Or- dinance 54+3, so as to require waiver use approval for SDM licensed 19325 establishments in C-2 zoning districts, and the Council having conducted a public hearing with regard to this matter on September 22, 1980 pursuant to Council Resolution 791-80, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 80-6-6-8 is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance #543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Taylor and Bennett. NAYS: Gundersen, McCann, Ventura and Nash. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Nash, it was #501-81 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 12, 1981, submitted pursuant to Council Resolution 955-80 in connection with a communication from the City Planning Commission, dated August 1, 1980, which sets forth its resolution 7-186-80, adopted on July 22, 1980, with regard to Petition 8o-6-6-8 initiated by Council Resolution 363-80, to amend Section 11.03 of Or- dinance 5i3, so as to require waiver use approval for SDM licensed estab- L lishments in C-2 zoning districts, and the Council having conducted a public hearing with regard to this matter on September 22, 1980 pursuant to Council Resolution 791-80, the Council does hereby concur in the recommends tion of the Planning Commission and the said Petition 80-6-6-8 is hereby denied for the same reasons as those set forth in the aforesaid recommenda- tion of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, McCann, Ventura and Nash. NAYS: Bishop, Taylor and Bennett. The President declared the resolution adopted. Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 1 (BUILDING CODES) OF TITLE 7 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, TO READOPT BY REFERENCE THE BOCA BUILDING CODE AND TO PROVIDE THE CERTAIN MODIFICATIONS THEREIN AND ITS APPLICATION TO THE CITY OF LIVONIA. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 19326 By Councilman Bishop, seconded by Councilman McCann, it was #502-81 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 19, 1981, submitted pursuant to Council Resolution 406-81, the Council does hereby approve of the assign- ment of the tenant's interest in the sub-lease Agreement between the City of Livonia and Idyl Wyld Catering, Inc. to Konstantin Catsambas and Nikolaos Moutafis based upon the same terms and conditions as those which are set forth in the sub-lease Agreement dated May 3, 1976, which was authorized by CR 39+-76 and which was thereafter amended by CR 675-76, CR 702-76 and CR 338-77; FURTHER, the Council does hereby authorize the submission of a joint application for the transfer of the Class C License for the subject establishment from the City of Livonia and Idyl Wyld Catering, Inc. to the City of Livonia and Konstantin Catsambas and Nikolaos Moutafis; and the Mayor, City Clerk and the Department of Law are hereby requested to do all things necessary or incidental to the full performance of this resolution; FURTHER, the Council does hereby take this means to indicate that it would be willing to enter into discussions at a time approximately one year from now with regard to the possibility of granting an additional three year option of renewal, the action taken in this regard being merely an expression of intent and not a legal commit- ment. 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 Councilman Ventura, it was #503-81 RESOLVED, that having considered the report of the Committee of the Whole, dated May 7, 1981, submitted pursuant to Council Resolution 166-81 in connection with a communication from the City Planning Commis- sion, dated January 22, 1981, which transmits its resolution 1-7-81 adopted on January 13, 1981 with regard to Petition 80-12-8-26, submitted by Michigan National Bank Corporation, requesting site plan approval in connection with a proposal to renovate an existing gas station located on the east side of Farmington Road between Eight Mile Road and Norfolk in the Northwest 1/4 of Section 3, for use as a banking facility, pursuant to the provisions set forth in Section 18.47 of Ordinance No. 54+3, as amended, the Council does hereby determine to concur in the recommendation of the Planning Commission and Petition 80-12-8-26 is hereby approved and granted, conditioned on the elimination of parking spaces #20 and #21 per the Planning Department plan and the following additional conditions: a. That the drive-in hours presently are limited to the hours of 9:30 A.M. to 4:30 P.M., five days a week and to 6:00 P.M. on Friday. b. That the Bank shall provide written documentation that they will cease drive-in facilities at this location if at the end of a eighteen-month period, it is determined that there is a traffic problem at this location. Such determination shall be made according to Paragraph c. 19327 c. That there will be a staggered review of the traffic condi- tions at this intersection made by the Traffic Bureau of the City of Livonia at the end of six, twelve and eighteen months. (1) At the end of the six-month period if it is determined that there is a traffic problem, the hours of the drive-in facility shall be limited to 10.00 A.M. to 3:00 P.M., six days a week. (2) That at the end of the twelve-month period, if there is another negative review as far as a traffic problem is concerned, representatives of the Bank and the City Planning Commission will review the situation allowing for the Bank to provide some other means of preventing those problems from occurring. (3) That at the end of the eighteen-month period, should the City Planning Commission determine that a traffic problem does exist, the Bank will cease drive-in facilities at this location. d. That the staggered review time shall start at the time the kiosks are opened for business. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, McCann, Ventura, Nash, Taylor and Bennett. NAYS: Bishop. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Taylor, it was #504-81 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 11, 1981, and submitted pursuant to Council Resolution 275-81 in connection with a communication from the Mayor, dated October 211, 1980, to which is attached a report from the Community Resources Department relative to the fee structure established for the rental of the City Hall Auditorium and the effectiveness of application forms used for this purpose, the Council does hereby determine to incorporate by reference the rental policy as recommended in the afore- said communications, with the inclusion of the waiver of fees by the Mayor with the right of appeal of such decision to the City Council. 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. 19328 By Councilman Nash, seconded by Councilman Taylor, it was #505-81 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 11, 1981, and submitted pursuant to Council Resolution 79-81, in connection with the matter of the site plan submitted by the firm of Hoyem-Basso Associates, Inc., Ralls-Hsmill Group, for the proposed addition and renovation of the Livonia Police Headquarters the Council does hereby request that the City Planning Department submit its report and recommendation with respect to the same. 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 McCann, seconded by Councilwoman Gundersen, and unanimously adopted, this 956th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:25 P. M. , May 27, 1981. LC- ADDI ON W. SITY CLERK