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HomeMy WebLinkAboutCOUNCIL MINUTES 1979-08-29 18031 lam MINUTES OF THE NINE HUNDRED AND THIRTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 29, 1979, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:05 P. M.. Councilman Raymond delivered the invocation. Roll was called with the following result: Present--Robert E. McCann, Robert F. Nash, Gerald Taylor, Jerry Raymond, Robert R. Bishop and Peter A. Ventura. Absent-- Robert D. Bennett. Elected and appointed officials present: Addison W. Bacon, City Clerk; Frances S. Stem, Deputy City Clerk; Harry C. Tatigian, City Attorney; John Nagy, City Planner; Robert Turner, Police Chief; John Bunk, Fire Chief; Ronald Mardiros, City Assessor; Jack Dodge, Director of Finance; Theodor P. Krauss, Civil Service; and Michael Reiser of the Water and Sewer Board. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #830-79 RESOLVED, that the minutes of the 912th Regular Meeting of the Council of the City of Livonia, held August 15, 1979, are hereby approved, By Councilman Taylor, seconded by Councilman Nash, and unanimously adopted, it was #831-79 RESOLVED, that the minutes of the 176th Special Meeting of the Council of the City of Livonia, held August 23, 1979, are hereby approved. The President of the Council stated that the veto, received on August 13, 1979 from the Mayor, on Ordinance No. 1481, would be considered later in this meet- ing. eet-i g. The communication from the Department of Law, dated August 14, 1979, with Lrespect to Civil Action No. 75-084762-CZ (William H. McDonell and Marion I. McDonell, snd Kenneth J. Braithwaite and Sylvia J. Braithwaite vs City of Livonia) was received and filed for the information of the Council. The communication dated August 6, 1979 from the Department of Law,18032with respect to the cancellation of Certain 1973 Personal Property Taxes (CR-366-79), was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #832-79 RESOLVED, that having considered the report and recommendation of the Mayor, dated August 14, 1979, to which is attached a communication from the Personnel Director dated August 10, 1979, in connection with a request from the Police Officers Association of Michigan (FOAM) to act as the exclusive collective bargaining representative for the Livonia Police Officers Association, pursuant to the provisions of Act 336 of the Public Acts of 1947, as amended by Act 379 of the Public Acts of 1965, the Council does hereby determine to grant and approve the request of the Police Officers Association of Michigan as such bargaining agent; and all previous resolutions of the Council in connection herewith are hereby amended and revised to the extent necessary to be consistent with the action taken herein. By Councilman Nash, seconded by Councilman Bishop, it was #833-79 RESOLVED, that having considered communications from the Director of Finance, dated July ,31, 1979 and August 6, 1979, approved for submis- sion by the Mayor, the Council does hereby determine to authorize the purchase of gasoline from Texaco, Inc., at the following unit prices: A. Effective July 7, 1979 Regular - Less than 4,000 Gals. - From .687/Gal. to .712/Gal. Regular - More than 4,000 Gals. - From .635/Gal. to .660/Gal. Lead Free - Less than 4,000 Gals. - From .7345/Ga-l. to .7595/Gal. Lead Free - More than 4,000 Gals. - From .6775/Gal. to .7025/Gal. B. Effective August 1, 1979 Regular - Less than 4,000 Gals. - From .712/Gal. to .722/Gal. Regular - More than 4,000 Gals. - From .46Q/Gal. to .670/Gal. Lead Free - Less than 4,000 Gals. - From .7595/Gal. to .7695/Gal. Lead Free - More than 4,000 Gals. - From .7025/Gal. to .7125/Gal. said prices being made in accordance with Federal Government Regulations; further, the Council does hereby determine to 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 (d) (5) of the Livonia Code of Ordinances; and all prior resolutions in conflict herewith are hereby repealed, amended, or revised to the extent necessary to be consistent with the action taken herein. 18033 law A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilnnn Bishop, seconded by Councilman Taylor, it was #834-79 RESOLVED, that having considered a communication from the Director of Finance, dated August 6, 1979, approved for submission by the Mayor, with regard to the purchase of diesel fuel, the Council does hereby determine to authorize the purchase of said Diesel Fuel from the City's diesel fuel supplier, effective July 19, 1979, for the Unit Price of 68.2 cents/gallon, said price being made in accordance with Federal Government regulations; further, the Council does hereby deter- mine to authorize said purchase without competitive bidding for the reasons indicated in the aforesaid communication, such action being taken in accordance with the provisions set forth in Section 2-213 (d)(5) of the Livonia Code of Ordinances, and all prior resolutions in conflict herewith are hereby repealed, amended or revised to the extent necessary to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash„, Taylor and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #835-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated August 3, 1979, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Industrial Fence and Landscaping, Inc., 19364 Allen Road, Trenton, Michigan, for the fencing of Diamond No. 2 at Ford Field for the price of $8,122.00, the same having been in fact the lowest bid received and meets all specifications; further, the Council does hereby appropriate the sum of $8,122.00 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, and unanimously adopted, it was #836-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated August 3, 1979, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby determine to reject all bids received 18034 1410 with respect to the installation of three (3) Backstops at Bicentennial Park, and to authorize the taking of new bids on the basis of Alternate specifications in the manner recommended, the action herein being taken for the reasons indicated in the aforesaid communication. By Councilman Ventura, seconded by Councilman Bishop, it was #837-79 RESOLVED, that having considered a communication from the Water and Sewer Board, dated August 1, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits its resolution WS 2354 7/79, the Council does hereby determine to accept the bid of Wink Chevrolet, 10700 Ford Road, Dearborn, Michigan 48120, for supplying the City (Water Department) with one (1) new 1/2 ton truck - Pickup body, for the price of $5,761.49, the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #838-79 RESOLVED, that having considered a communication from the L Personnel Director, dated June 22, 1979, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on June 6, 1979, wherein a request is submitted for an additional appropriation for the Labor Relations Account to cover the cost of pending arbitrations, subscription to MERC Arbitration Decisions, payment of training costs and various other costs associated with obtaining information in preparation for negotiations, the Council does hereby determine to appropriate the sum of $7,500.00 from the Unexpended Fund Ballance Account to be transferred to Labor Relations Account No. 101-234-813.000.000 for this purpose. By Councilman Nash, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication from the Personnel Director dated June 22, 1979, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on June 6, 1979, wherein a request is submitted for an additional appropriation for the Labor Relations Account to cover the cost of pending arbitrations, subscription to MERC Arbitration Decisions, payment of training costs and various other costs associated with obtaining information in preparation for negotiations, the Council does hereby determine to refer the same to the next Study Session. L. A roll call vote was taken on the motion to refer, with the following result: AYES: Raymond, Nash and Taylor. NAYS: Bishop, Ventura and McCann. The President declared the motion to refer DENIED. 18035 A roll call vote was taken on the original resolution with the following result: AYES: Bishop, Ventura, Nash, Taylor and McCann. NAYS: Raymond. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bishop, it was #839-79 RESOLVED, that having considered communications dated July 12, 1979 and August 24, 1979 from the Personnel Director, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on June 21, 1979, wherein a request is submitted for an additional appropriation for Personnel Selection Accounts, the Council does hereby determine to appropriate the sum of $9,200.00 from the Unexpended Fluid Balance Account to the following Accounts in the following amounts: 236-756 Miscellaneous $ 200.00 236-765 Testing Supplies 1,000.00 236;825 Interview Board 1,500.00 236-905 Publishing 3,000.00 236-828 Medical Examiner 3,500.00 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: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, it was #840-79 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated July 13, 1979, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby determine to authorize the transfer of funds in the following manner: $500.00 from Account 709-933-310 - Equipment Maintenance - Athletic - Summer Activities $500.00 from Account 711-933-310 - Equipment Maintenance - Athletic - Winter Activities $1,000.00 to Account 709-760 -- Playground Supplies 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: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. 18036 By Counctim n Taylor, seconded by Councilman Nash, it was #841-79 RESOLVED, that having considered a communication from the City Engineer, dated July 25, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to increase the Engineering and Inspection Fees Account No. 618-030 in the amount of $14,650.00 as well as to approve increases in the follow- ing accounts by a like amount as follows: Account No. Item Amount 441-709 Salaries and Wages -- Overtime $13,000 441-756 Miscellaneous 50 441-765 Testing Supplies 200 441-766 Tools and Supplies 200 441-904 Printing and Publishing 1 200 $14,650. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash,Taylor and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #842-79 RESOLVED, that having considered a communication from the Chief of Police, dated July 30, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the following transfer of funds: Bureau Amount To From Administration $1,000 101-304-709 101-325-702 Communications 2,000 101-310-709 101-325-702 Youth Bureau 800 101-316-709 101-325-702 Central Records 500 101-321-709 101-325-702 Special Services 1,600 101-323-709 101-325-702 Patrol Bureau 15,000 101-325-709 101-325-702 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: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was 18037 #843-79 RESOLVED, that having considered a communication from the Chief of Police, dated August 16, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the following transfer of funds: Bureau Amount To From Gas & Oil $18,000 101-309-751 101-325-702 Auto Maintenance 10,000 101-309-939 101-325-702 Training Account 9,000 101-325-987 101-325-702 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: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Raymond, it was 0844-79 RESOLVED, that having considered a communication from the Acting Chief of Police, dated July 13, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to the action taken in Council Resolution 91-79, adopted on February 7, 1979, wherein the Council authorized the purchase of 1979 Police Depart- ment Vehicles, the Council does hereby determine to authorize the payment of the additional sum of $1,477.00 to Colony Chrysler Plymouth, Inc., 111 West Ann Arbor Road, Plymouth, Michigan 48170, from Budget Account for Capital Outlay - Vehicles, within the Police Department Budget to cover the following: State Tax (S.E.M.T.A.) $ 192.00 Vehicle totalled per accident 875.00 Engine destroyed 210.00 Vehicle retained in service ,�200.00 $ 1+477.00 Total: 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: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, it was 0845-79 RESOLVED, that having considered the report and recommendation of the Acting Chief of Police, dated July 12, 1979, which bears the signature of the Finance Director and is approved for submission by the 18038 Mayor, the Council does hereby determine to accept the quotation of Tennyson Rental Company, 32570 Plymouth Road, Livonia, Michigan 48150, for leasing four (4) 1979 Madel Year vehicles to the City for the use by the Police Department Saturation Patrol through November 30, 1979 for a total cost of $5,904.00; and the Council does hereby determine to authorize the said lease 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; and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute a Lease Agreement with Tennyson Rental Company for this purpose; and the City Clerk and City Treasurer are 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: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilmen Bishop, seconded by Councilman Raymond, it was #846-79 RESOLVED, that having considered a communication from the Historical Commission, dated July 25, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the installation of roofs by A & M Aluminum Siding, 5541 Richardson Road, Howell, Michigan 48843, at Greenmead, as follows: Building Type of Shingles Cost 1. Caretaker's House John Manville 225# Class A Fiberglass over 15# felt $ 1,765.00 2. Church Fire treated wood shingles over 15# felt 5,950.00 3. Kingsley House Fire treated wood shingles over 16# felt 5,770.00 4. Carriage House Johns Manville 225# Class A Fiberglass over 15# felt 2,750.00 5. Farm Hand's House John Manville 225# Class A Fiberglass over 15# felt 2,200.00 $18,435.00 The Council does hereby determine to authorize the aforesaid work with- out competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with provisions set forth in Section 2-213 (d)(5) of the Livonia Code of Ordinances, as amended; and the Council does hereby appropriate the additional sum of $6,715.00 from the Unexpended Fund Balance Account for this purpose, and the Council does hereby authorize the waiving of all permit fees in con- nection with this project; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. 18039 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Nash, Taylor and McCann. NAYS: *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement: My 'no' vote is cast because I believe that fiberglass over felt is not necessary. By Councilman Bishop, seconded by Councilman Nash, it was #8+7-79 RESOLVED, that having considered a communication from the Historical Commission, dated July 20, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to the restoration of the greenhouse attached to the Carriage House at Greenmead, the Council does hereby authorize D & G Heating and Cooling Company, 19140 Farmington Road, Livonia, Michigan 48152, to install a Boiler for a total price of $1,970.00 as well as to replace Fin Tube Heating elements in the manner indicated for the sum of $2,485.00; further, the Council does hereby determine to authorize the said installation 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) (4) and (5) of the Livonia Code of Ordinances, as amended, and the City Clerk and City Treasurer 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: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #848-79 RESOLVED, that having considered a communication from the Director of the Livonia Housing Commission, dated August 8, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $9,352.00 from the Silver Village Unexpended Fund Balance Account to be reflected in the following authorized budget transfers: Revenue Account Amount Increased Amount Decreased 296-831-719 Medical Payments $ 340.00 296-831-730 Postage $ 600.00 296-831-818-020 Contractual services (Maintenance) 500.00 296-831-853 Telephone 300.00 296-831-904 Printing & Publishing 100.00 296-831-921 Electric 1,500.00 296-831-923 Heat 1,300.00 296-831-933 Equipment Maintenance 1,900.00 296-831-938 Ground Maintenance 1,400.00 296-831-969-900 Payment in Lieu of Taxes7,212.00 $12,252.00 2,900.00 Silver Village Budget Increase of 9,352.00 (Net) 18040 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #849-79 RESOLVED, that having considered a communication from the Director of the Livonia Housing Commission, dated August 8, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to a proposed Cardio-Vascular Health Program to be conducted.,by the YMCA at the Jackson School for interested city employees at a price of $50.00 per person, which includes $25.00 for a health screening test and $25.00 for the twenty week course, and which communication requests an appropriation of $1,250.00 to pay 50% of the cost involved for fifty employees participating in this program, the Council does hereby determine to refer this item 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: Raymond, Ventura, Taylor and McCann. NAYS: Bishop and Nash. The President declared the resolution adopted. By Counci]man Nash, seconded by Councilman Taylor, and unanimously adopted, it was #850:79 RESOLVED, that having considered a communication from Commercial Removal, dated July 25, 1979, with regard to a proposed extension of a current contract between the City of Livonia and Commercial Removal, with regard to garbage and refuse collection, the Council does hereby deter- mine to refer the same to the Waste Disposal Study Committee for its report and recommendation. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #851-79 RESOLVED, that having considered a communication from Inventory- Sales Unit, Excess Property Section, Department of Transportation, State of Michigan, dated July 20, 1979, with regard to Excess Property- C/S 82125 - Parcel 102, the Council does hereby determine that for and in behalf of the City of Livonia that it is "interested" in the aforesaid parcel; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was 18041 #852-79 RESOLVED, that having consdidered a communication from Inventory- Sales Unit, Excess Property Section, Department of Transportation, State of Michigan, dated July 24, 1979, with regard to Excess Property - C/S 82293 - Parcel 267, the Council does hereby determine that for and in behalf of the City of Livonia that it is "interested" in the aforesaid parcel; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #853-79 RESOLVED, that having considered a communication from Inventory- Sales Unit, Excess Property Section, Department of Transportation, State of Michigan, dated July 23, 1979, with regard to Excess Property - C/S 82125 - Parcel 115 V-S, the Council does hereby determine that for and in beh if of the City of Livonia that it is "interested" in the aforesaid parcel; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #854-79 RESOLVED, that having considered a communication from the Mayor, dated July_.31, 1979, wherein it is suggested that an ordinance be considered which provides that any absentee landlord who rents or leases property in violation of the Zoning Ordinance is guilty of a misdemeanor, the Council does hereby determine to refer the same to the Department of Law for its report and recommendation. By Counciimgn Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #855-79 RESOLVED, that having considered a communication from the Mayor, dated July 31, 1979, with regard to a proposal to increase the Senior Citizen Golf Rate by $1.00 for 18 holes of golf so as to enable them to tee off at anytime from Monday through Friday, the Council does hereby determine to refer the same to the Parks and Recreation Commission for its report and recommendation. • °Imgr By Councilman Taylor, seconded by Councilman Nash, it was #856-79 RESOLVED, that having considered a communication from the City Treasurer, dated July 27, 1979, with regard to Special Assessment Districts No. 1q7 and No. 198, the Council does hereby determine to amend and revise Paragraphs 3 and 5 of Council Resolutions 637-79 and 639-79, adopted on June 20, 1979, so as to provide that "the first installment sb l l be due and payable December 1, 1980, and subsequent installments on December 1, of succeeding years" in lieu of "December 1, 1979"; and the City Treasurer and the City Clerk are hereby requested to do all things necessary or incidental to the full performance of this resolution. 18042 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilmen Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #857-79 RESOLVED, that having considered a communication from the Zoning Board of Appeals, dated August 10, 1979, wherein it is suggested that the matter of internal compaction units in order to eliminate outside refuse containers be considered in connection with the proposed construction of new commercial and professional developments in the community, the Council does hereby determine to refer this item to the City Planning Department for its report and recommendation. By Councilman Ventura, seconded by Councilman Bishop, it was #858-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated July 17, 1979, 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 determine to authorize the purchase of uniforms from Carhartt, Inc. , P. 0. Box 600, Dearborn, Michigan 48121, for the price of $5,255.50; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communica- tion, 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; Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #859-79 RESOLVED, that having considered a communication from the Planning Director, dated July 19, 1979, with regard to compliance or noncompliance with the conditions of approval as recommended by the Planning Commission and approved by the City Council in Council resolution 170-78, adopted on March 1, 1978, in connection with Petition 77-6-2-10 and Petition 77-6-2-11 with respect to the Class "C" Liquor License for Albert R. and Irma Lemieux, and the waiver use approval for the estab- lishment known as Ladd's Restaurant, located at 15231 Farmington Road, Livonia, Michigan, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. By Councilman Ventura, seconded by Councilman Nash, it was #860-79 RESOLVED, that having considered a communication dated July 17, 1979 from the City Planning Commission which transmits its resolution 7-106-79, adopted on July 10, 1979, with regard to Petition 79-6-2-15 18043 submitted by M Boggio Associates requesting waiver use approval to construct a general office on property zoned P-S located on the north side of Schoolcraft Road between Stark Road and Stamford in the Southeast 1/4 of Section 21, the Council does hereby determine to concur in the recommenda- tion made by the City Planning Commission and Petition 79-6-2-15 is hereby approved and granted, such approval to be based upon the same conditions as are set forth in the recommendation of the Planning Commission with the exception, however, that such approval be based upon revised plan dated August 17, 1979. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Taylor and McCann. NAYS: Raymond. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Ventura, it was #861-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 25, 1979, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the action taken in Council Resolution 1058-77, adopted on November 21, 1977, in connection with the proposed improvement of Wentworth Avenue, west of Middlebelt Road, in accordance with Condition No. 6 as required in the approved waiver use Petition 76-10-2-19 submitted by the Apostolic Christian Church, the Council does hereby determine to allow the said Apostolic Christian Church to comply with the said condition on the basis of providing 4" of asphalt on the existing roadway between Middlebelt and the entrance driveway to the church site subject to the following conditions: 1. That all materials and workmanship be in accordance with the City's specifications. 2. That the church assume all costs related to the construction of the roadway improvement. 3. That, in the event the proposed improvement does not hold up, the church and residents living on Wentworth realize that the asphalt pavement may have to be removed and the roadway restored to its present gravel condition. In other words, the City should not be expected to maintain a deteriorating asphalt pavement when the maintenance costs become excessive and unreasonable. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #862-79 RESOLVED, that having considered a letter from Fred J. Armour, dated July 19, 1979, in connection with Petition 78-6-8-20 for Philip Pisto Retail Stores, the site plan of which was approved in Council Resolu- 18044 tion 193-79, adopted on March 7, 1979, the Council does hereby determine to amend and revise the aforesaid action so as provide that as a condition of approval brick shall be required on the building elevation plans of the said site plan on all four sides in lieu of spectra-glaze block (brick scoring) as previously approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #863-79 RESOLVED, that having considered a communication from the City Planning Commission, dated July 20, 1979, which transmits its resolution 7-105-79, adopted on July 10, 1979, with regard to Petition 79-5-3-6 submitted by Fred J. Armour requesting the vacating of an easement on the southeast corner of Seven Mile Road and Stamford in the Northeast 1/4 of Section 9, the Council does hereby determine to concur in the recommenda- tion of the City Planning Commission and to grant and approve the said Petition 79-5-3-6; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Taylor, it was #864-79 RESOLVED, that having considered a communication from the City Planning Commission, dated July 20, 1979, which transmits its resolution 7-104-?9, adopted on July 10, 1979, with regard to Petition 79-5-3-5, submitted by William E. and Mary F. Seder, requesting the vacating of a portion of Wayne Road right-of-way, located on the east side of Wayne Road, north and south of Curtis in the West 1/2 of Section 9, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition 79-5-3-5; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #865-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 2, 1979, 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 1049-78, adopted on November 29, 1978, so as to reduce the financial assurances now on deposit with the City for the Wellington Woods Subdivision located in the Northeast 18045 1/4 of Section 33, with respect to the General Improvement Bond, to $72,600.00 of which at ].east $7,000.00 shall be in cash and to reduce the Landscaping Bond requirement to $15,000.00 of which $5,000.00 shall be in cash, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; further, 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 inciden- tal to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #866-?9 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 17, 1979, 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 1013-77, adopted on November 2, 1977, so as to reduce the financial assurances now on deposit with the City for General Improvements in the Ajluni Subdivision, located in the southwest 1/4 of Section 10, to $1,750.00, all of which is to be in cash, to cover the cost of remaining general improvements in said sub- division, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; further, 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 the City Treasurer are hereby authorized to do all things necessary or incidental to the f»» performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #867-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 20, 1979, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Biltmore Properties Company, 2900 W Maple Road, Troy, Michigan 48084, the proprietor of the Windridge Village Subdivision, located in the Southeast 1/4 of Section 4, the Financial Assurances previously deposited with respect to general improvements and greenbelt/ entrance markers, pursuant to Council Resolution 741-77, adopted on July 27, 1977 and subsequently amended in Council Resolution 74-78, adopted on February 1, 1978, Council Resolution 1047-78, adopted on November 29, 1978, and Council Resolution 53-79, adopted on January 24, 1979, which previously reduced such financial assurances to $2,000.00 cash (General Improvement Bond) and $14,000.00, of which $2,800.00 was cash (Greenbelt/Entrance Markers), respectively, to guaranty the satisfactory installation of such improvements in the Windridge Village Subdivision; and further, the financial assurances now on deposit with the City for 18046 all 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 that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized 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: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #868-79 RESOLVED, that Paragon Properties, 29200 Southfield, Suite 200, Southfield, Michigan, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Paragon Industrial Subdivision, located in the N W 1/4 of Section 29, City of Livonia, the said proposed preliminary plat being dated March 13, 1979; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on March 20, 1979; and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated August 3, 1979; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions: (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 9, Chapter 1 of the Livonia Code of Ordinances, as amended; the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such depart- ment; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended; (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 9-122 of the said Subdivision Control Ordinance, as amended: (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans; 18047 (5) That the following Cash Payments be made to the City Clerk and a Receipt obtained therefor: A. Trees Not Recommended B. Street Name Signs N.A C Traffic Control Signs $ 600.00 D. Street Light Notification Signs N A. E. Engineering Services (General Improvement) 1. Plan Review & Administration (1/2%) $ 261.00 2. Field Inspection (3-1/2%) 609.00 870.00 F. Engineering Service (Grading & Soil Erosion) 1. Plan Review 40.00 2. Permit & Inspection 200.00 240.00 TOTAL CASH PAYMENTS $1,710.00 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as shall be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts; such deposits to be deposited in the office of the City Clerk: General Improvement Bond - $19,000.00, of which at least 2,000 00 shall be in cash Sidewalk Bond - Not Recommended. Grading and Soil Erosion Control Bond - 2,500.00, of which at least 500.00 shall be in cash Monuments and Lot Markers 470.00, All Cash 18048 (9) That the requirement for underground wiring shall be applicable only to telephone, electric or similar utility service lateral conduits, cables or wires directly connecting new buildings to the overhead or underground supply system of the particular utility, and the proprietor shall be permitted to have primary distribution facilities installed overhead; further, ornamental street lights are to be provided throughout the subdivision, in accordance with City Ordinances. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #869-79 RESOLVED, that having considered a communication from the City Engineer, dated July 30, 1979, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution 542-79, adopted on June 6, 1979, in connection with the proposed road improvement of Westmore, Shadyside and all cross streets (Gable, Haldane and Carl), north of Seven Mile Road, the Council does hereby determine to proceed no further with respect to the proposed improvement. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated August 10, 1979, approved for submission by the Mayor, with regard to a request from Ms. Loretta M Stark, 15918 Southampton, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division and combination of Tax Item No. 46 053 01 0063 000 (14a63) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing and combining of the same into two (2) parcels, the legal descriptions of which shall read as follows: Parcel A The West 70.0 feet of Lot 63 of "Livrance Estates Sub." of part of the N.E. 1/4 of Section 14, T. 1 S , R. 9 E. , Livonia Township (Now the City of Livonia), Wayne County, Michigan, recorded in Liber 67 of Plats on Page 10, Wayne County Records, subject to all easements and restrictions of record. Parcel B The East 70.0 feet of Lot 63 of "Livrance Estates Sub." of part of the N.E 1/4 of Section 14, T 1 S. , R 9 E , Livonia Township (Now the City of Livonia), Wayne County, Michigan, recorded in Liber 67 of Plats on Page 10, Wayne County Records, subject to all easements and restrictions of record. as shown on the map attached to the aforesaid common{cation which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. 18049 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura and McCann. NAYS: Bishop, Nash and Taylor. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Nash, it was #870-79 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated August 10, 1979, approved for submission by the Mayor, with regard to a request from Ms. Loretta M. Stark, 15918 Southampton, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby determine to refer this matter to the next Study Session to be conducted on September 5, 1979. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Nash, Taylor and McCann. NAYS: Bishop. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #871-79 RESOLVED, that having considered a communication from Mr. David A. Soho, 32703 Meadowbrook, Livonia, Michigan 48154, received by the Office of the City Clerk on August 10, 1979, wherein it is requested that a guard rail or some other device be installed in front of Mr. Soho's home for reasons of safety, the Council does hereby determine to refer this item to the Traffic Commission for its report and recommendation. By Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #872-79 RESOLVED, that having considered a communication from the Executive Director of the Livonia Family "Y", dated July 30, 1979, wherein it is requested that the Elm School Bell currently located in front of the "Y" be declared a historical marker, the Council does hereby determine to refer this item to the Historical Preservation Commission for its report and recommendation. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, L t was #873-79 RESOLVED, that having considered a communication from Mr. Warren F. Griffin II, 257 Tuxedo No. 203, Highland Park, Michigan 48203, wherein it is indicated that Mr. Griffin desires to purchase City-owned property located 18050 at 11400 Merriman Road, No. 138 99 0013, for use by him in his personal business as a traffic and safety consultant, the Council does hereby refer this item to the Mayor and the Planning Department for their respective reports and recommendations. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #874-79 RESOLVED, that the Council does hereby request that the City Engineer submit his report and recommendation with respect to the proposed improvement and/or maintenance of the traffic island (boulevard), located at the southeast corner of Middlebelt and Plymouth Roads. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 3-702(2), 3-703, 3-704 AND 3-706 OF TITLE 3, CHAPTER 7 (FIRE PREVENTION CODE) OF THE LIVONIA CODE OF ORDINANCES AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. L The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Taylor, it was #875-79 RESOLVED, that having considered a communication from the Personnel Director, dated August 13, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on August 9, 1979, wherein it is recommended that the following maximum salary rate, effective March 1, 1979, be established for the classification of Assistant Superintendent of Public Service: Assistant Superintendent of Public Service $26,728.00 (includes cost-of-living) the Council does hereby determine to concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Nash, Taylor and McCann. NAYS: Bishop. L The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Taylor, it was #876-79 RESOLVED, that having considered a communication from the Personnel Director, dated August 7, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, which 18051 transmits a resolution adopted by the Civil Service Commission on July 19, 1979, wherein it is recommended that the following maximum salary rate, effective March 1, 1979, be established for the classification of Assistant City Attorney: Attorney III $28,412.80 (includes cost-of-living) the Council does hereby determine to concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Nash, Taylor and McCann. NAYS: Bishop. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Taylor, it was #877-79 RESOLVED, that having considered a communication from the Personnel Director, dated August 7, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on July 19, 1979, wherein it is recommended that the following maximum salary rate, effective March 1, 1979, be established for the classification of Assistant Planning Director: Assistant Planning Director $25,729.60 (includes cost of living) the Council does hereby determine to concur in and approve of ouch action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Nash, Taylor and McCann. NAYS: Bishop. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Taylor, it was #878-79 RESOLVED, that having considered a communication from the Personnel Director, dated August 7, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on July 19, 1979, wherein it is recommended that the following maximum salary rates, effective March 1, 1979, be established for the classifications of Civil Engineer: Assistant City Engineer 29,224.00 includes cost-of-living Civil Engineer III 27,414.40 includes cost-of-living (Assoc. City Eng.) Civil Engineer II $25,521.60 (includes cost-of-living) (Sr. Prof. Eng. ) Civil Engineer I $21,736.00 (iincludes cost-of-living) (Jr. Prof. Eng.) the Council does hereby determine to concur in and approve of such1acti8052 on. L A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Nash, Taylor and McCann. NAYS: Bishop. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Taylor, it was #879-79 RESOLVED, that having considered a communication from the Personnel Director, dated August 7, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on July 19, 1979, wherein it is recommended that the following maximum salary rates , effective March 1, 1979, be established for the classifications of Assistant Personnel Director and Personnel Analyst II: Assistant Personnel Director $25,480.00 (includes cost-of-living) Personnel Analyst II $23,566.40 (includes cost-of-living) the Council does hereby determine to concur in and approve of such action, and the Council does hereby appropriate the sum of $1,364.00 from the L Unexpended Fund Balance Account to be :,rancferred to Account No. 101-220-702 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Nash, Taylor and McCann. NAYS: Bishop. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Taylor, it was #880-79 RESOLVED, that having considered a communication from the CETA Program Administrator, dated August 1, 1979, approved by the Finance Director and approved for submission by the Mayor, to which is attached Livonia CETA FY 1979 Annual Plan Modification No. 004 concerning subparts for Titles II-B, II-D, IV SPEP, IV YETP, VI and the Administrative Cost Pool, the Council does hereby determine to authorize the said grant modification in the manner and form indicated in the aforesaid communica- tion; 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 incideetal to the full performance of this resolution. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura., Wash, Taylor and McCann. NAYS: None. 18053 By Councilman Ventura, seconded by Councilman Taylor, it was #881-79 RESOLVED, that having considered a communication from the CETA Program Administrator, approved by the Finance Director and approved for submission by the Mayor, wherein a request is submitted far authorization for expenditures for CETA PSE Training for FY 1979, the Council does hereby determine to authorize the said expenditure in the manner and form herein submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #882-79 WHEREAS, the Middle Belt Road bridge over Bell Creek which is under the jurisdiction of the Wayne County Road Commission is located in the City of Livonia; and WHEREAS, this bridge is of great importance to the citizens of this community for vehicular travel; and WHEREAS, the Wayne County Road Commission has determined that the bridge is in a deteriorated condition; and WHEREAS, the Road Commission has applied for financial assistance for the improvement of this structure through the State and Federal Critical Bridge Programs; NOW, THEREFORE, BE IT RESOLVED that the City of Livonia supports the renovation of this bridge. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was #883-79 RESOLVED, that having considered the report and recommendation of the City Clerk, dated August 1, 1979, in connection with certain bids received for the purchase of office furniture in the office of the City Clerk, the Council does hereby determine to reject all such bids; further, the Council does hereby authorize the purchase of said office furniture from Michigan State Industries, Lansing, Michigan, for the price of $3,755.55 freight prepaid, and for this purpose the Council does hereby authorize the transfer of the sum of $3,755.55 from Account No. 101-193-702.000.00 to Account No 101-111-983.000.000 (Capital Outlay); further, the Council does hereby determine to authorize the said purchase without any further 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) (4) and (5) of the Livonia Code of Ordinances, as amended. 18054 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #884-79 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated August 17, 1979, which bears the signature of the Fifsnce Director and is approved for submission by the Mayor, the Council does hereby determine to rescind and repeal Council Resolution 610-79, adopted on June 20, 1979. By Councilman Nash, seconded by Councilman Taylor, it was #885-79 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated August 17, 1979 , which bears the signature of the Finance Director and is approved for submission by the Mayor, in connection with a prior communication from the Water and Sewer Board dated May 23, 1979, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits its resolution WS 2345 5/79, the Council does hereby determine to accept the alternate bid of Tennyson Chevrolet, Inc., 32570 Plymouth Road, Livonia, Michigan for supplying the City (Water and Sewer) with a 6 Cylinder, 4-Door Citation in lieu of a 1979 Malibu, for the price of $5,007.91, the same having been in fact the lowest and only bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #886-79 RESOLVED, that having considered a communication from the Mayor dated August 16, 1979, with respect to costs which will be incurred in connection with the City Hall dedication activities, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $5,000 from the Unexpended Fund Balance Account for this purpose; and the City Clerk and City Treasurer 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: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was 18055 #887-79 RESOLVED, that having considered the report and recommendation of the Livonia Historical Commission, dated August 17, 1979, approved for submission by the Mayor, to which is attached a letter from Mr. John A Gargaro, of the Forest & Gargaro Investment Company, dated August 20, 1979, wherein an offer is submitted to donate as a gift to the City of Livonia a house located at 37+03 Ann Arbor Trail, Livonia, Michigan, the Council does hereby determine for and on behalf of the City of Livonia to accept the said gift in the manner herein described and takes this means to indicate its sincere appreciation to the Forest & Gargaro Investment Company for this fine and generous gift. A roll cal]. vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor and McCann. NAYS: Raymond and Bishop. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Nash, it was RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 17, 1979, pursuant to Council Resolution 1056-78, adopted on November 29, 1978, and in accordance with the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the improvement of Fitzgerald Avenue, north of Seven Mile Road (Seven Mile to Pembroke), in the S. E 1/4+ of Section 5, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on August 13, 1979, pursuant to Council Resolution 619-79, after due notice as required by Title 2, Chapter 5 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to refer this matter to the next Study Meeting. A roll call vote was taken on the motion to refer with the following result: AYES: Raymond and Nash. NAYS: Bishop, Ventura, Taylor and McCann. The President declared the motion to refer DENIED. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #888-79 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 17, 1979, pursuant to Council Resolution 1056-78, adopted on November 29, 1978, and in accordance with the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the improvement of Fitzgerald Avenue, north of Seven Mile Road (Seven Mile to Pembroke), in the S E 1/4 of Section 5, T 1 S , R. 9 E., City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on August 13, 1979, pursuant 18056 to Council Resolution 619-79, after due notice as required by Title 2, Chapter 5 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the special assessment proceeding heretofore commenced for the proposed improvement. By Councilman Bishop, seconded by Councilman Taylor, it was #889-79 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 205 for the proposed improvement consisting of 27' wide full-depth asphalt pavement with valley males (Alternate III) on Levan Road from Plymouth to Parkdale in the North 1/2 of Section 32, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, August 13, 1979 at 8:00 P.M. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvement to be constructed in Special Assessment District No. 205; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments: NOW, THEREFORE, BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated June 13, 1979, in the amount of $28,957.82, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 205 is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight (8%) percent per annum on the unpaid balance of the assessment from the date of confirmation. Said interest shall be payable on each installment due date; provided, however, that after the issuance of bonds to be issued in anticipation of the collection of the unpaid assessments on the said special assess- ment roll, said rate of interest shall be adjusted to a rate which is not more than 1% above the average rate of interest borne by said bonds. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1980 and subsequent installments on December 1st of succeeding years; 18057 (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roil shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty (60) days from December 1, 1980 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1980 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1980 and thereafter one (1) install- ment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; and (6) The City Council having determined to pay a portion of the cost (60%) of the said improvement within the said district in the sum of $43,436.74. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Taylor and McCann. NAYS: Ventura and *Nash. The President declared the resolution adopted. *Councilman Nash made the following statement: My 'nay' vote is cast because I feel that the entire cost of this improvement should be borne by City funds. By Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #890-79 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 15, 1979, pursuant to Council Resolution 740-78, adopted on August 16, 1978, and having also considered a communication from the City Assessor, dated May 23, 1979, which submits a revised assessment schedule, and in accordance with the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the improvement of Deering Avenue between Pembroke and Vassar in the S E 1/4 of Section 1, T. 1 S , R 9 E. , City of Livonia, Wayne County, Michigan, and a public hearing having been 18058 held thereon on August 13, 1979, pursuant to Council Resolution 620-79, after due notice as required by Title 2, Chapter 5 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the special assessment proceeding heretofore commenced for the proposed improvement. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #891-79 WHEREAS, pursuant to the direction of the City Council in its Resolution 373-79, adopted on April 25, 1979, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of August 9, 1979 an assessment roll dated August 9, 1979 for the proposed improvement consisting of the installation of street lighting with high pressure sodium lights (Colonial Design) with under- ground wiring in Quakertown Subdivision No. 1 in the N.W. 1/4 of Section 18, City of Livonia, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution No. 373-79. THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the Office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the Office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, October 22, 1979, at 8:00 P.M. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of October 22, 1979; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's Office. By Councilman Nash, seconded by Counci1mAn Taylor, it was 18059 #892-79 RESOLVED, that having considered a communication dated August 15, 1979 from the Department of Law transmitting for Council acceptance three Grants of Easements more particularly described as: 1. Grant of Easement dated July 28, 1979 executed by Thomas K. Allan and Margaret Allan, his wife, conveying: The West 8 feet of the following described parcel: The South 74.86 feet of the North 224.58 feet of Lot 408, Supervisor's Livonia Plat No. 7, as recorded in Liber 66, Page 58, Wayne County Records, said plat being of the West 1/2 of the S.W. 1/4 of Section 1, T. 1 S. , R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan. 2. Grant of Easement dated July 28, 1979 executed by Neil E. Nichols and Annie A. Nichols, his wife, conveying: The West 8 feet of the following described parcel: The North 74.86 feet of Lot 408, Supervisor's Livonia Plat No. 7, as recorded in Liber 66, Page 58, Wayne County Records, said plat being of the West 1/2 of the S.W. 1/4 of Section 1, T. 1 S., R. 9 E. , Livonia Township (now City of Livonia), Wayne County, Michigan. 3. Grant of Easement dated July 28, 1979 executed by Thomas K. Allan and Margaret Allan, his wife, conveying: The West 8 feet of the following described parcel: The South 74.86 feet of the North 149.72 feet of Lot 408, Supervisor's Livonia Plat No. 7, as recorded in Liber 66, Page 58, Wayne County Records, said plat being of the West 1/2 of the S.W. 1/4 of Section 1, T. 1 S , R. 9 E. , Livonia Township (now City of Livonia), Wayne County, Michigan. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easements 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 resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. The communication from the Department of Law dated August 15, 1979, with respect to appraisal of right-of-way on Deering between Pembroke and Vassar in Section 1, was received and placed on file for the information of the Council. (CR-520-78) 18060 Councilman Bishop gave first reading to the following Ordinance: LAN ORDINANCE AMENDING TITLE 8 CHAPTER 2 (MISDEMEANORS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 8-262 THERETO. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #893-79 RESOLVED, that the proposed ordinance amendment prohibiting use of medians, boulevards, etc. for recreational activities, where posted, transmitted by the Department of Law under date of August 1 , 1979, and given its first reading by Councilman Bishop on August 29, 1979, is hereby referred to the Committee of the Whole for its consideration. CouncilmAn Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2-219 OF CHAPTER 2 (FINANCIAL ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 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 Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 3-407 AND SECTION 3-1+09 OF ARTICLE 2, CHAPTER 4 (ANIMALS AND FOWL) OF TITLE 3 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. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was L #894-79 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Bishop, seconded by Councilman Raymond, it was 18o61 #895-79 RESOLVED, that having considered a communication from the Livonia Arts Commission, dated August 21, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, and to which is attached a proposed contract between the City of Livonia (Arts Commission) and the Smithsonian Institution Traveling Exhibition Service, for a City Hall Lobby Exhibition highlighting the "Posters for Victory" display, the total cost of which is estimated to be $950.00, the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute the the said contract in the manner and form submitted, as well as to do all other things necessary or incidental to the full performance of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #896-79 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated August 21, 1979, submitted pursuant to Council Resolution 415-79, in connection with a communication from the Superintendent of Public Service, dated April 12, 1979, with regard to building maintenance services required for the Civic Center Municipal Building, the Council does hereby request that the Mayor submit his report and recommendation with respect to A) Establishing four (4) additional custodial positions in the Public Service Division and B) Contracting for a window washing and elevator maintenance service; further, the Council does hereby determine to establish an additional Building Mechanic II position, effective September 1, 1979 in the current buriget of the Public Service Division, in order to provide various building maintenance needs in the Civic Center Municipal Building, and for this purpose, the Council does hereby appropriate the sum of $4,900.00 from the Unexpended Fund Balance Account to be transferred to the following accounts in the following amounts: Account Number Description Amount 101-447-702.000.000 Salaries and Wages $ 4,000.00 101-447-715.000.000 Employee's Social Security 250.00 101-447-719.000.000 Medical Payments 250.00 101-447-722.000.000 Retirement Fund Contribution 400.00 $ 4,900.00 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was 18062 #897-79 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated August 21, 1979, and submitted L pursuant to Council Resolution 732-79, in connection with a communication from Mr. Hugh A. Leavell, dated June 25, 1979, wherein space at Pierson School is offered for use by Alcohol Awareness, the Council does hereby refer this matter to the Director of Public Works for his report and recommendation, including therein the amount of rent to be paid by the City for the use of said space. By Councilman Nash, seconded by Councilman Taylor, it was #898-79 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated August 21, 1979, submitted pursuant to Council Resolution 731-79, in connection with a letter from Mr. Hugh A. Leavell, dated June 25, 1979, wherein an offer is submitted to rent, for use by the Civil Service Commission, certain offices at the Pierson School to the City of Livonia, for the period May 15, 1979 through September 30, 1979 for the total amount of $9,000.00 or, in lieu thereof, to lease the said offices rent free in consideration of the City conveying its improvements at Pierson School to Mr. Leaven., as well as the City assuming the obligation of cutting the grass, paying electric and heating costs and doing their own janitorial work, the Council does hereby determine to refer this item to the Director of Public Works for his report and recommendation. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #899-79 RESOLVED, that having considered a communication from the Department of Law, dated August 20, 1979, which transmits an agreement for the employment of the firm of Kamp-De Como Associates, P.C. , 33200 Schoolcraft Road, Livonia, Michigan, for architectural services to be performed in connection with the proposed roofing repairs at the Devon-Aire Ice Arena and the Eddie Edgar Ice Arena which agreement has been approved by the Director of Public Works, approved as to form by the Department of Law and approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk to execute the aforesaid agreement for and in behalf of the City of Livonia, as submitted, for the purpose of employing the said architectural firm; further the Council does hereby appropriate and authorize the expenditure of the sum of $7,500.00 from the Unexpended Fund Balance Account for the purpose of making payments to the aforesaid architectural firm in accordance with the schedule of payments set forth in Article 6 of the aforesaid agreement; and the Mayor, City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. 18063 By Councilman Nash, seconded by Councilman Taylor, it was Lim #900-79 RESOLVED, that having considered the report and recommendation of the City Engineer dated August 15, 1979, 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 copy of a letter dated August 10, 1979 from R. E. Dailey- 86 Company, Construction Manager, concurred in by Ralls-Hamill Architects, Inc., the Council does hereby accept the bid of Isaac Sunamoto, Inc. , 5191 Lumley, Detroit, Michigan 48210, for the Phase III, Part 36 Contract (Miscellaneous Caulking and Sealant Work) construction work of the new Civic Center Municipal Building in the amount of $1,200.00, the same having been in fact the lowest bid received for this item and meets all specifications; and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $1,200.00 from Federal Economic Development Administration Funds for this purpose; and the Director of Public Works is authorized to approve all minor adjustments in the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. law NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #901-79 RESOLVED, that having considered a communication from the City Planning Commission, dated July 12, 1979, which transmits its resolution 7-110-79 adopted on July 10, 1979, with regard to Petition 79-6-8-14 submitted by Adriana Liberatore, requesting site plan approval in connect- ion with a proposal to construct retail stores on the east side of Farmington Road, south of Eight Mile Road in Section 3, pursuant to the 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 City Planning Commission and to approve Petition No. 79-6-8-14, such approval to be based upon the same conditions as are set forth in the action taken by the City Planning Commission, as well as subject to compliance to a revised Building Elevation Drawing dated August 13, 1979. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None By Councilman Ventura, seconded by Councilman Nash, it was RESOLVED, that having considered the veto by the Mayor, dated August 13, 1979 of Ordinance No. 1481, with attached map, adopted by the Council on July 25, 1979, the Council does hereby readopt said Ordinance No. 1481, and attached map, the same as if it were word for word repeated herein. 1806+ LA roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Nash and Taylor. NAYS: Bishop and McCann. The President declared the resolution DENIED for the lack of five affirmative votes, and the Mayor's veto sustained. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, this 913th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:35 P. M. , August 29, 1979. ‘-60e--tL—ei..) 1.7--- ' —,c,dig... ADDISON W. CITY CLERK