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HomeMy WebLinkAboutCOUNCIL MINUTES 1979-11-19 18207 MINUTES OF THE NINE HUNDRED AND NINETEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 19, 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 8:25 P M. . Councilman Bennett delivered the invoca- tion. Roll was called with the following result: Present: Robert E. McCann, Robert F. Nash, Gerald Taylor, Jerry Raymond, Robert D Bennett, Robert R Bishop and Peter A. Ventura. Elected and appointed officials present: Edward H McNamara, Mayor; Addison W. Bacon, City Clerk; Harry C Tatigian, City Attorney; Frances S. Stem, Deputy City Clerk; John Nagy, City Planner; G E. Siemert, City Engineer; Michael Reiser, Director of Civil Defense; Jack Dodge, Director of Finance; Robert Turner, Police Chief; Ronald R. Reinke, Superintendent of Parks and Recreation, Daniel Gilmartin, Industrial Coordinator; Joan Duggan, Director, Dept. of Community Resources and Ronald Mardiros, City Assessor. By Councilman Ventura, seconded by Councilman Bishop, and *unanimously adopted, it was #1128-79 RESOLVED, that the minutes of the 918th Regular Meeting of the Council of the City of Livonia, held November 8, 1979, are hereby approved *Councilman Raymond abstained from voting, which is recorded as a "yes" vote under the provisions of Section 2-119 of the Livonia Code of Ordinances, as amended. The communication dated November 2, 1979 from the CETA Program Administrator transmitting Quarterly Reports relative to the CETA Program, was received and placed on file for the information of the Council. The communication dated November 1, 1979 from the Traffic Commission with respect to request for Guard Rail or Other Safety Device at 32703 Meadowbrook, was received and placed on file for the information of the Council. 18208 Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND 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 79-5-1-15 FOR CHANGE OF ZONING FROM RUF TO R-1. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 18 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 79-6-1-16 FOR CHANGE OF ZONING FROM P.L. TO R-3-B AND FROM R-3-B TO P.L. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Nash, seconded by Councilman Bennett, it was #1129-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated October 24, 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 accept the bid of Allen Fence Company, 14927 W. Warren, Dearborn, Michigan 48120, for supplying the City (Parks and Recreation Division) with two (2) Heavy Duty Softball Backstops and one (1) Heavy Duty Hardball Backstop, to be installed at Bicentennial Park, for the 18209 total price of $8378.00, the same having been in fact the lowest bid received which meets all specifications, and, FURTHER, the Council does hereby determine to appropriate an additional sum of $878.00 from the Unexpended Fund Balance Account which amount represents the difference between the actual contract cost and the $7500.00 previously appropriated for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #1130-79 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated October 24, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of Wate-Man Sales, Incorporated, 29123 W. Eight Mile Road, Livonia, Michigan 48152, for supplying the City (Police Division) with weights and related equipment for the Police Physical Exercise Room for the price of $5371.08, and, FURTHER, the Council does hereby determine to accept the bid of H G. Ziegler & Associates, 28165 Greenfield, Southfield, Michigan 48075, for supplying the City (Police Division) with matting for weights for the price of $1788.98, each of the same having been in fact the lowest bid received which meets all specifications for these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Bennett , seconded by Councilman Taylor, it was #1131-79 RESOLVED, that having considered a communication from the Public Utility Manager, dated November 1, 1979, and having also considered a communication from the Water and Sewer Board, dated October 24, 1979, which bears the signature of the Director of Finance, is approved for submission by the Mayor, and which transmits its resolution WS 2369 10/79, the Council does hereby determine to accept the bid of Tennyson Chevrolet, 32570 Plymouth Road, Livonia, Michigan 48150, for supplying the City (Water Department) with one (1) Hi Cube Carry Van for the price of $9043.00, 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilmrn Taylor, it was 18210 #1132-79 RESOLVED, that having considered a communication from the Director of Finance, dated October 24, 1979, approved for submission by the Mayor, the Council does hereby determine to transfer the sum of $3000 00 to Postage Account #101-263-730 from Electric Expense Account #101-263-921 and the sum of $20,000.00 to the Telephone Expense Account #101-263-853 from the Heating Expense Account #101-263-923, 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #1133-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 26, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, with respect to a contract previously awarded to Rohn Fireproofing Company in Council Resolution 926-77 adopted on October 12, 1977, for the Phase III, Part 15 (Exterior Stone Veneer Work' construction of the Civic Center Municipal Building, and certain change orders which provided for additional items which have now resulted in a total value of work completed or approved for completion to date in the amount of $221,594.00, the Council does hereby determine to appropriate and authorize the expenditure of an additional sum in the amount of $2244.00 from Federal Economic Development Administration Funds 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Ventura, it was #1134-79 RESOLVED, that having considered a communication from the Chief of Police, dated October 25, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby determine to transfer funds as follows: $74.33 from Account #101-310-756 to Account #101-310-984 and $600.00 from Account #101-310-960 to Account #101-310-851 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. 18211 By Councilman Taylor, seconded by Councilman Nash, it was ifto #1135-79 RESOLVED, that having considered a communication from the Fire Chief, dated October 25, 1979, which is approved by the Finance Director and approved for submission by the Mayor, the Council does hereby determine to transfer funds as follows: $3500.00 from Account #101-338-960.010.000 (Education and Training) to Account #101-338-751.000.000 (Gas and Oil) and $550.00 from Account #101-338-768.000.000 (Uniforms) to Account #101-338-779.000.000 (Laundry) A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #1.136-79 RESOLVED, that having considered a communication from the Chair- person of the Livonia Commission on Aging, dated October 25, 1979, which ibe bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby determine to transfer the sum of $250.00 from Account #101-913-861.015 000 and the sum of $250.00 from Account #101-913-904.000.000 to Account #101-913.882.010.000, 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #1137-79 RESOLVED, that having considered a communication from the Director of Finance, dated October 29, 1979, approved for submission by the Mayor, and the attachment thereto, the Council does hereby determine that the individual revenue accounts, as detailed on said attachment, be increased by $600,900.00, and that this amount be transferred to the Unexpended Fund Balance Account. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was 18212 imp #1138-79 WHEREAS, the City of Livonia has issued its City of Livonia, Michigan, Revenue Bonds (Allied Supermarkets, Inc. ) Series A - 6% - due April 1, 1997; and WHEREAS, State of Michigan Public Act No. 354 of the Public Acts of 1972, as amended, provides for the replacement or payment without presentation of lost, destroyed or wrongfully taken bonds or other evidence of indebtedness issued by public corporations; and WHEREAS, the City Clerk has been advised by Bradford Trust Company of New York, New York that Bond No. 2416, at the principal amount of $5,000.00 each, due April 1, 1997, Bond and Coupon due 4/1/97, in the name of Thomas M. Kennedy have been lost or destroyed in error; and WHEREAS, subject to the provisions of this resolution the City Council deems it advisable and necessary to make provisions for payment of said Bond and Coupon; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Clerk shall provide for the payment of said Bond and Coupon without the surrender thereof and without issuing duplicate Bond and Coupon to the Bradford Trust Company, said payment to be made only, however, from funds in the Bond Redemption Fund Account, established for this purpose. in. 2. The said Bond and Coupon shall not be paid until there shall have been provided proof of ownership and proof of loss of said Bond and Coupon satisfactory to the City Clerk and City Attorney a lost security bond or other bond of indemnity indemnifying the City of Livonia, Allied Supermarkets, Inc. and Bradford Trust Company against any loss that may be occasioned from the payment of said Bond and Coupon. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 23, 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 449-79 adopted on May 9, 1979, and as subsequently amended by Council Resolution 962-79 adopted on September 26, 1979, so as to reduce the financial assurances now on deposit with the City for general improvements in Windridge Village Subdivision No. 3 located in the N.E. 1/4 of Section 4, to $126,000 00, of which at least $10,000.00 shall be in cash, to cover the cost of remaining general improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, 18213 all other financial assurances now on deposit with the City with respect to remaining improvements in said subdivision shall remain the same and unchanged; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Bishop, Ventura, Raymond and McCann. NAYS: Nash and Taylor. *Although the above resolution was adopted at this time, it was reconsidered in CR-1139-79 and subsequently referred to the next Study Session to be conducted on December 3, 1979, in CR-1140-79. By Councilman Raymond, seconded by Councilman Nash, it was #1139-79 RESOLVED, that the Council does hereby determine to reconsider its action taken in the foregoing resolution which would have reduced the financial assurances now on deposit with the City for General Improvements in Windridge Village Subdivision No. 3. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Bishop, Ventura, Nash, Taylor and Raymond. NAYS: McCann. The President declared the motion to reconsider adopted. By Councilman Bennett, seconded by Councilman Taylor, it was #1140-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 23, 1979, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the reduction of the Financial Assurances now on deposit with the City for General Improvements in Windridge Village Subdivision No. 3, located in the N. E. 1/4 of Section 4, the Council does hereby determine to refer the same to the next Study Session, to be conducted on December 3, 1979. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Nash, Taylor, Raymond and McCann NAYS: Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Taylor, it was 41141-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 26, 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 825-79 adopted 1821.4 on August 15, 1979, so as to reduce the financial assurances now on deposit with the City for general improvements in Laurel Park Subdivision No. 2, located in the East 1/2 of Section 18, to $800,000.00, of which at least $10,000.00 shall be in cash, to cover the cost of remaining general improve. meats in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, all other finan- cial assurances now on deposit with the City with respect to remaining improvements in said subdivision shall remain the same and unchanged; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #1142-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 29, 1979, 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 Sheffield Subdivision, located in the N.W. 1/4 of Section 9, the financial assurances previously deposited with respect to the general improvements, grading and soil erosion and sidewalk improvements, pursuant to Council Resolution 792-75 adopted on September 24, 1975, and subsequently amended in Council Resolutions 178-76 and 969-76 which previously reduced such financial assurances to $48,690.00 to guarantee the satisfactory installation of improvements in Sheffield Subdivision, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer that all of 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 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. *Councilman Ventura was excused at 8.42 P M By Councilman Nash, seconded by Councilman Taylor, it was #1143-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 13, 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 56-79 adopted on January 24, 1979, so as to reduce the financial assurances now on deposit with the City for general improvements in Quakertown Subdivision No. 2, located in the N W. 1/4 of Section 18, to $7,000.00, all of which 18215 shall be in cash, to cover the cost of remaining general improvements in said subdivision; and, FURTHER, the Council does hereby determine to release to Republic Development Corporation, 31275 Northwestern Highway, Farmington Hills, Michigan 48018, the proprietor of said subdivision, the sum of $3,955.00 heretofore deposited to guarantee the installation of survey monuments and markers, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, all other financial assurances on deposit with the City with respect to remaining improvements in said subdivision shall remain the same and unchanged; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the f101 performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Nash, Taylor, Raymond and McCann. NAYS: None. *Councilman Ventura returned at 8:43 P. M. By Councilman Ventura, seconded by Councilman Bishop, it was RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 24, 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 West Maple Road, Troy, Michigan 48084, the proprietor of Windridge Village Subdivision No. 2, located in the S E. 1/4 of Section 4, of the cash escrow deposit in the amount of $32,800.00 to insure the installation of a half-width pavement adjoining said subdivision, deposited with the City in accordance with Council Resolution 678-78 adopted on July 26, 1978; and, FURTHER, the financial assurances now on deposit with the City for general improvements and sidewalk improvements shall remain the same and unchanged the action herein being taken for the reasons indicated in the aforementionc report of the City Engineer; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura and McCann NAYS: Bishop, Nash, Taylor and Raymond. The President declared the resolution DENIED. At the direction of the Chair, the item on the agenda with respect to the release of the Cash Payment made by the proprietor of Windridge Village Subdivision No. 2 to insure the installation of a half-width pavement adjoining said subdivision, was referred to the next Study Session to be conducted on December 3, 1979. 18216 By Councilman Nash, seconded by Councilman Taylor, it was #1144-79 RESOLVED, that having considered a communication from the City Engineer, dated October 22, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and approved for submission by the Mayor, with respect to certain improvements of the parking facilities at the Jackson Center, the Council does hereby determine to authorize the Public Service Division to enlarge the driveway approach at the Lyndon Avenue entrance, in accordance with the plan attached to said communication; and, FURTHER, the Council does hereby refer this matter back to the Engineering Division for further study, with particular reference to the possibility of constructing additional parking facilities at the west side of Jackson Center, and thereafter the submissior of its report and recommendation to Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #1145-79 RESOLVED, that having considered a communication from the City Engineer, dated October 26, 1979, approved by the City Attorney and the Director of Public Works, and approved for submission by the Mayor, to which is attached a "Revocable Permit to Maintain Encroachment within a County Road," which covers the sprinkler system to be installed in the Six Mile Road Boulevard Area, the Council does hereby determine to authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the aforesaid agreement in the manner and form submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #1146-79 RESOLVED, that having considered a communication from the City Engineer, dated October 29, 1979, approved by the City Attorney and the Director of Public Works and approved for submission by the Mayor, with respect to a claim submitted by Electrical Maintenance Service, Inc. of Walled Lake, Michigan, in the sum of $30,000.00 for certain electrical work performed in Part 7 of Phase III of the Civic Center Municipal Building, the Council does hereby determine to take no further action with respect to this matter. By Councilman Nash, seconded by Councilman Bishop, it was 18217 #1147-79 RESOLVED, that having considered a communication from the City Engineer, dated October 18, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a sketch showing the route of a proposed storm sewer within the Civic Center Site, the Council does hereby determine to authorize the Engineering Division to finalize plans and specifications and arrange for the taking of bids for the proposed storm sewer. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #1148-79 WHEREAS, there exists in the City of Livonia (the "Municipality") the need for certain programs to alleviate and prevent conditions of un- employment, to assist and retain local industries and commercial en- terprises in order to strengthen and revitalize the Municipality's economy and to encourage the location and expansion of industries and commercial enterprises to provide needed services and facilities to the Municipality and its residents; and WHEREAS, as one of its programs to alleviate the aforesaid conditions and accomplish said purposes, The Economic Development Corporation of the City of Livonia (the "Corporation") in conformity with Act 338, Michigan Public Acts, 1974, as amended ("Act 338"), has initiated proceedings with respect to the potential issuance of its limited obliga- tion economic development revenue bonds to assist in the financing of the Project captioned in the title of this resolution and in this regard, has designated the "Project Area" (as defined in Section 8(1) of Act 338) described in Exhibit A hereto (the "Project Area"), and has recommended to this governing body of the Municipality for establishment by it of the "Project District Area" (referred to in Section 12(1) of Act 338) described in Exhibit B hereto (the "Project District Area"); and WHEREAS, under Act 338 it is necessary that this governing body of the Municipality approve the Project Area and establish the boundaries of the Project District Area, and WHEREAS, it is also necessary that this governing body of the Municipality advise and consent to the appointment by the chief executive of the Municipality of two additional directors of the Corporation who shall serve with respect to the proposed Project, and WHEREAS, the Project Area designated by the Corporation and the Project District Area recommended by the Local Public Agency have been reviewed and approved by the Local Public Agency as defined under Act 338 (i.e. , "the official body of a municipality authorized to plan and im- plement the development and redevelopment of the municipality"); and NOW, THEREFORE, BE IT RESOLVED THAT: 18218 1. The Project Area designated by the corporation and described in Exhibit A is approved. 2. The Project District Area, i.e. , the territory surrounding the Project which will be significantly affected by the Project, shall be as recommended by the Local Public Agency and as described in Exhibit B 3. There being less than 18 residents, real property owners, or representatives of establishments located in the Project District Area, it is hereby determined that the requirements of Section 20 of Act 338 have been met and that the formation of a citizens project district council is not required 4. The chief executive officer of the Municipality, with the advice and consent of the governing body of the Municipality, does hereby appoint Mr. Norman A. Horowitz, 18411 University Park Drive, Livonia, Michigan 48152 and Mr. Daniel J. Kelley, 36719 Bobrich, Livonia, Michigan. 48152, as directors of the Corporation, to serve in respect to the Project, as representatives of neighborhood residents and business interests likely to be affected by the Project. 5. The clerk of the Municipality shall deliver a certified copy of this resolution to the Secretary of the Board of the Corporation. 6. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #1149-79 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 5, 1978, and the report and recommendation of the Chief of Police, dated August 29, 1978, in connection therewith, the Council does hereby determine to notify the Police Department that the waiver use approval for an SDD liquor license to be used at an existing party store rwned by Jacob J V+elfing, located at 19191 Merriman Road, has heretofore been granted by Council Resolution 784-79 adopted on August 15, 1979, and the department is hereby requested to continue its investigation at the subject premises and thereafter submit its report and recommendation to Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Nash and Raymond. NAYS: Bishop, Taylor and McCann. The President declared the resolution adopted. 18219 By Councilman Ventura, seconded by Councilman Taylor, it was #1150-79 RESOLVED, that having considered a letter from the Michigan Liquo Control Commission, dated August 8, 1979, and the report and recommendation of the Chief of Police, dated October 24, 1979, in connection therewith, with respect to a request from Edgar P. Willis for transfer of ownership of 1979 Class C licensed business located at 15231 Farmington Road, Livonia Michigan 48154, from Albert R. Lemieux and Irma Lemieux, the Council does hereby determine to refer this matter to the Committee of the Whole for further consideration A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #1151-79 RESOLVED, that having considered a communication from the Planning Director, the City Engineer and the City Attorney, dated October 30, 1979, submitted pursuant to Council Resolution 968-79, in connection with a communication dated September 10, 1979 from Mr. John Breejen, P 0 Box 435, Brighton, Michigan 48116, wherein Mr. Breejen offers for sale to the City of Livonia Lot No. 92 in the Garden Farms Subdivision, the Council does hereby determine to take no further action with respect to this item. By Councilman Bennett, seconded by Councilman Ventura, it was #1152-79 RESOLVED, that having considered a communication from the City Planning Commission, dated October 19, 1979, which transmits its resolution #10-204-79 adopted on October 9, 1979, with regard to Petition 79-8-8-27 submitted by Michael S. Downes requesting site plan approval in connection with a proposal to remodel an abandoned gas station located on the south- east corner of Seven Mile Road and Middlebelt Road in Section 12, 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 Planning Commission and Petition 79-8-8-27 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the recommendation of the Planning Commission and in accordance with Site Plan No 9111, Revision No. 5, dated November 15, 1979, and the additional condition that the Easterly wall be paneled with rough sawn cedar similar to the other three walls, subject to approval by the adjoining property owner, Burger King, Inc , to encroach upon their property for the installation of same. A roll ceJ1 vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura and McCann. NAYS: Nash, Taylor and Raymond. The President declared the resolution adopted. 18220 By Councilman Taylor, seconded by Councilman Nash, it was #1153-79 RESOLVED, that having considered a communication from Elliott C. Schubiner, General Properties Company, Suite 714, 3000 Town Center, Southfield, Michigan 48075, dated November 2, 1979, with respect to the proposed Elliott Industrial Park Subdivision to be located in the N. E. 1/4 of Section 27, to which is attached a preliminary plat, revised as of September 7, 1979, wherein it is requested that certain City-owned property be dedicated as part of a proposed road improvement in said subdivision, the Council does hereby determine to dedicate right-of-way which shall form a part of a proposed industrial road to be constructed westerly from Merriman Road to a point west of the proposed Glendale Court, lying north of the C & 0 Railroad Company right-of-way, the description of which dedicated property is as follows: A parcel of land in the N.E. 1/4 of Sec. 27, T. 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, described as follows: Beginning at the center 1/4 corner of Sec. 27, T. 1 S. , R. 9 E., and proceeding thence N. 0° 26' 20" E. , 49.50' ; thence along the N. line of the C & 0 Railroad right-of-way, S. 89° 29' 50" E. , 860.88' ; thence N. 0° 07' 33" W. , 494.93' to the point of beginning of the parcel herein described; thence S 89° 29' 50" E. , 977.36' ; thence N. 0° 07' 30" W. , 30.00' ; thence N 89° 29' 50" W , 977.36' ; thence S. 0° lbw 07' 30" E. , 30.00' to the point of beginning, containing 0.673 acres. the aforedescribed dedication to be made in consideration of an agreement on the part of the proprietor to construct, at his sole cost and expense, a full-width industrial road, as delineated on said preliminary plat, of 9" reinforced concrete pavement which road shall meet all City standards and specifications. FURTHER, the Council does hereby request that the Wayne County Bureau of Taxation record such right-of-way dedication on all maps issued by that office; and further, the City Clerk is hereby requested to have a certified copy of this resolution recorded at the Wayne County Register of Deed's office. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #1154-79 RESOLVED, that having considered a communication from Lynn Swift of 15019 Blue Skies, Livonia, Michigan 48154, received in the office of the City Clerk on November 1, 1979, with respect to establishing a public library in the Webster Elementary School, the Council does hereby determine to refer this matter to the School Board and Council Joint Committee for its report and recommendation. 18221 By Councilman Taylor, seconded by Councilman Bishop, it was #1155-79 RESOLVED, that having considered a communication from the Chief Librarian, dated October 30, 1979, approved for submission by the Mayor, to which is attached a communication from the Detroit-Wayne County Area Agency on Aging, dated September 17, 1979, with respect to a Title III Grant for the City of Livonia for the Senior Citizens Vest Pocket Library in the amount of $9354.00 from the Detroit-Wayne County Area Agency on Aging, the Council does hereby determine to accept said grant, pending submission of an additional report from the Chief Librarian with respect to said grant. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Taylor, it was #1156-79 RESOLVED, that having considered a communication from the Treasurer of the Livonia Commission on Children and Youth, dated October 22, 1979, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby determine to appropriate the sum of $1037.00 to the Youth Commission Printing Account, such amount to be transferred IL. from the appropriate Revenue Account in which the funds from the sale of youth passbooks were deposited, pending a report from the Director of Finance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, it was #1157-79 RESOLVED, that having considered a communication from Communica- tions Systems (a Division of ITT), 24225 West Nine Mile Road, Southfield, Michigan 48034, dated November 7, 1979, and the attachment thereto, and a communication from the Mayor, dated November 16, 1979, to which is attached a communication from Communications Systems (a Division of ITT), dated November 16, 1979, which transmits a proposed amendment to the Sales and Maintenance Contracts for a telephone system with ITT heretofore approved in Council Resolution 712-79, executed July 20,1979 between ITT Communica- tions Systems and the City of Livonia, the Council does hereby determine to amend the aforesaid Agreement in accordance with the following conditions: 1. The equipment as set forth in Schedule II and Maintenance Agreement of said sales agreement is amended in accordance with the terms of contract Change Order No. 1. 18222 2. As a result of the changes in the equipment set forth in the CCO'S listed above, the terms set forth in Paragraph 6 of the Agreement shall change as follows: The total purchase price shall be increased by $20,590.00, from $248,744.00 to $269,334.00. (Financed Sale) A Total purchase price (excluding interest) $269,331+ 00 B. (Less) down payment 0 C Unpaid time balance (excluding interest) $269,331+.00 D. (Add) interest 6-3/1+% per annum $102,014.00 E. Total unpaid time balance (including interest) $371,358.00 The total unpaid time balance (including interest) shall be paid in 120 consecutive monthly installments of $3,0911..65 beginning on the first day of the month following cutover and a like amount on the first day of each month thereafter until paid in full. Said installments shall be paid to ITT at 60 Washington Street, Hartford, Connecticut 06106, or at such other address as ITT shall furnish customer. 3. Except as hereinbefore expressly amended, the Agree- ment will continue in full force and effect in accordance with its terms. Provided, however, that said amendment to the Agreement shall be contingent upon acceptance by the City of the additional equipment and approval of said amendment by the Department of Law; FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the aforesaid amendment in the manner and form submitted; 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #1158-79 RESOLVED, that having considered a communication dated October 29, 1979 from the Department of Law transmitting for Council acceptance three Grants of Easements more particularly described as: 1. Grant ref Easement dated August 25, 1978 executed by Angelo DiPonio, President of the Greenfield Construction Company, Inc. , conveying. 18223 L The northerly 18 ft. of the S.E. 1/4 of Section 7, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, except the westerly 1308 feet thereof. 2. Grant of Easement dated October 1, 1979 executed by Angelo DiPonio, President of the Greenfield Construction Company, Inc , conveying: An easement for water main purposes over, under and across a part of the S.E. 1/4 of Section 7, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as: Commencing at the center 1/4 corner of said Section 7, T. 1 S. , R. 9 E. , thence N. 89° 58, 20" E 85.52 ft. along the East and West 1/4 line of said. Section 7; thence S 0° 00' 43" W. 20.00 ft. ; thence S. 89° 58' 20" W. Ito.00 ft. ; thence S. 0° 00' 43" W. 520.62 ft. ; thence N. 89° 58' E. 502.49 ft. to the N.W. corner and the point of beginning of the easement herein described; thence N. 89° 58' E. 2 05 ft. ; thence S. 0° 02' E. 830 00 ft. ; thence S 89° 58' W 2.05 ft. ' thence N. 0° 02' W. along the East line of a 12.00 ft. utility easement granted to the City of Livonia and recorded in Liber 20284 on Page 720, Wayne County Records, 830.00 Lft. to the point of beginning. 3. Grant of Easement dated October 1, 1979 executed by Angelo DiPonio, President of the Greenfield Construction Company, Inc., conveying: A parcel of land being a part of the S.E. 1/4 of Section 7, T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as: Commencing at the S.E. corner of said Section 7, T 1 S , R 9 E. ; thence S. 89° 58' W. along the South line of said Section 7, 2018.07 ft. ; thence N. 30° 02' W. 155 88 ft. to a point on the North line of the Six Mile Road, said point being the S.E. corner and the point of beginning of the easement herein described, thence S. 89° 58' W along said North line, 13.86 ft. , thence N. 30° 02' W. 610.70 ft. ; thence N. 22° 48' 30" W. 256.11 ft. ; thence N 67° 11 30" E 12.00 ft. ; thence S 22° 48' 30" E. 255.35 ft. ; thence S 30° 02' E. 616.87 ft. to the point of beginning the Council does hereby for and on 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 resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. 18224 By Councilman Ventura, seconded by Councilman Bishop, it was #1159-79 RESOLVED, that having considered a communication from the Department of Law, dated October 29, 1979, to which is attached a proposed Release and Termination of certain easements for sanitary sewer lines, the Council does hereby authorize the Mayor and City Clerk to execute the said Release and Termination of Easements for and on behalf of the City of Livonia which are described as follows (a) Grant of Easement for sanitary sewer line dated April 13, 1965 and recorded February 9, 1966 in Liber 15899, Page 894, Wayne County Records, granting an easement described as follows: An easement in the following described parcel being described as the North 10 feet of the East 10 feet thereof. A parcel of land in the S E. 1/4 of Section 7, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the N. line of Six Mile Road distant N 89° 58' E. 130.28 feet and N 0° 03' 44" E 60 feet from the S. 1/4 corner of Sec. 7 and proceeding thence N. 0° 03' 44" E 2574.40 feet; thence S 89° 59' 27" E. along the E and W 1/4 section line, 1186.68 feet, thence S. 0° 04' 49" W. 2417.53 feet, thence S 89° 58' W 205 feet; thence S. 0° 04' 49" W. 156 feet; thence S 89° 58' W. along the N line of Six Mile Road, 980.87 feet to the point of beginning. and (b) Grant of Easement for sanitary sewer line dated April 13, 1965 and recorded February 9, 1966 in Liber 15899, Page 893, Wayne County Records, granting an easement described as follows: An easement in the following described parcel being described as the West 27 feet of the East 60 feet thereof, also the North 10 feet thereof. A parcel of land in the S E. 1/4 of Section 7, T. 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as: The E. 1/2 of the S E 1/4 of Section 7, except the South 60.0 feet thereof, also except the North 924 feet of the South 984 feet of the West 707.15 feet of the E. 1/2 of the S E. 1/4 of Section 7 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bennett, it was #1160-79 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated October 23, 1979, approved by the Finance Director and approved for submission by the Mayor, and which transmits a resolution adopted by the Parks and Recreation 18225 Commission on September 17, 1979, wherein the Commission recommends that the following amount be kept when an individual withdraws from a class: 1. $2.00 prior to beginning the class. 2. 50% after first class 3. No refund after second class. 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was #1161-79 RESOLVED, that having considered a communication from the Personnel Director, dated October 24, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on October 18, 1979 wherein it is recommended that salary adjustments be established, effective January 1, 1980, for certain Parks and Recreation classifications in order to comply with the minimum wage requirements, according to the following schedule: CLASSIFICATION PROPOSED RAThC A. YEAR-ROUND Recreation Aide $ 3.10 Co-op Trainee (High School) 3 10 Winter Recreation Supervisor 3.90 Athletic Supervisor 4.50 Program Supervisor 4.50 B. CONCESSIONS Senior Concession Aide 3.40 Junior Concession Aide 3.10 C. ICE RINKS Rink Attendant 3.10 Recreation Cashier 3.40 Rink Manager 4.00 D. PLAYGROUNDS Assistant Playleader 3 10 Playleader 3.50 Supervisor 3.90 18226 E. SPECIALISTS A Instructors 1. Tennis $ 3.50 2. Arts and Crafts 3.50 3. Drama 3.50 4+. Baton 3.50 5. Archery 3.50 6. Piano Accompanist 10.00/wk 7. Choral Director 16.00/wk B. Mentally Handicapped Supervisor 3.90 F. SWIMMING FOOLS Lifeguard I 3.10 Lifeguard II (W.S.I ) 3.50 Assistant Manager 3.70 Pool Manager 3.90 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #1162-79 RESOLVED, that having considered a communication from the Personnel Director, dated October 24, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on October 18, 1979, wherein it is recommended that salary adjustments be established, effective January 1, 1980, for certain miscellaneous classifications in order to comply with the minimum wage requirements, according to the following schedule: CLASSIFICATION PROPOSED RATE Co-Op Trainee (High School) $ 3.10 Co-Op Trainee (College) (Up to 89 calendar days) 3.20* (From 90 through 179 calendar days) 3.35 (From 180 calendar days) 3.50 (Upon completion of one calendar year of service) 3.75 (Upon completion of two calendar years of service) 4.00 *A Co-Op trainee (High School) who has completed at least 180 days in this position may be employed at the second step in the Co-Op Trainee (College) salary range upon graduation from High School. 18227 Student Page $ 3.10 Library Page 3 20 (After 6 calendar months) 3 30 (After 1 calendar year) 3.40 School Crossing Guard 3 10 Auxiliary Police: Patrolman 3 10 Corporal 3.15 Sergeant 3.20 Lieutenant 3.25 Captain 3.30 Inspector 3.35 Sr. Inspector 3.40 Deputy Chief 3.45 Chief 3.50 CETA: Work Experience, Co-Op I 3.10 Work Experience, Co-Op II 3.48 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: ims AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from the Personnel Director, dated October 24, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on October 18, 1979, wherein it is recommended that salary rates be adjusted for certain Food Service Classifications, effective January 1, 1980, in order to comply with the minimum wage requirements and to reflect salary improve- ments necessary to recruit and retain qualified persons, according to the following schedule: CLASSIFICATION Step 1 Step 1-1/2 Step 2 Step 3 Step 4 Step 5 Food Service Supervisor $5.85 $5.97 $6.07 $6.33 $6.58 $6.85 Cook 4.98 5 07 5.17 5.37 5.58 5.80 Assistant Cook 4 00 4 08 4.16 4.32 4.49 4.66 Site Manager 3.66 3 73 3.81 3.96 4.11 4.28 Food Service Aide 3.10 3.16 3.22 3.35 3.48 3.62 Home Service Worker - $3.50 (flat rate) the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. 18228 ihme A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Raymond and McCann. NAYS: Bennett, Bishop, Ventura and Taylor. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Bennett, it was #1163-79 RESOLVED, that having considered a communication from the Personnel Director, dated October 24, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on October 18, 1979, wherein it is recommended that salary rates be adjusted for certain Food Service Classifications, effective January 1, 1980, in order to comply with the minimum wage requirements and to reflect salary improve• ments necessary to recruit and retain qualified persons, according to the following schedule: CLASSIFICATION Step 1 Step 1-1/2 Step 2 Step 3 Step 4 Step 5 Food Service Supervisor $5.85 $5.97 $6.07 $6.33 $6.58 $6.85 Cook 4 98 5.07 5.17 5.37 5.58 5.8o ilmAssistant Cook 4.00 4.08 4.16 4.32 4.49 4.66 Site Manager 3.66 3.73 3.81 3.96 4.11 4.28 Food Service Aide 3.10 3.16 3.22 3.35 3.48 3.62 Home Service Worker - $3.50 (flat rate) the Council does hereby determine to concur in and approve of such action; provided, however, that the Home Service Worker rate only shall be made effective as of October 1, 1979. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #1164-79 RESOLVED, that having considered a communication from the Personnel Director, dated October 24, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on October 18, 1979, wherein it is recommended that the following temporary classifica L tions and wage rates be established as of October 1, 1979: Minor Home Repair Worker $4.50 per hour (flat rate) Senior Citizen Aide $3.90 per hour (flat rate) 18229 Kitchen Assistant. Step 1 Step 1-1/2 Step 2 Step 3 Step 4 Step 5 $3.85 $3.92 $4.00 $4.16 $4.33 $4.50 and wherein it is further recommended that the foregoing rates represent full compensation for all services rendered with no other compensation or benefits to be paid to employees in said classifications, except that they shall be eligible for Holiday Pay, after having been continuously employed for at least 480 scheduled hours, the Council does hereby determine to concur in and approve of such action. By Councilman Bennett, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the Personnel Director, dated October 24, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on October 18, 1979, wherein it is recommended that the following temporary classifiea. tions and wage rates be established as of October 1, 1979: Minor Home Repair Worker $4.50 per hour (flat rate) Senior Citizen Aide $3.90 per hour (flat rate) Kitchen Assistant: Step 1 Step 1-1/2 Step 2 Step 3 Step 4 Step 5 $3.85 $3.92 $4.00 $4.16 $4.33 $4.50 and wherein it is further recommended that the foregoing rates represent full compensation for all services rendered with no other compensation or benefits to be paid to employees in said classifications, except that they shall be eligible for Holiday Pay, after having been continuously employed for at least 480 scheduled hours, the Council does hereby determine to 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: Ventura. NAYS: Bennett, Bishop, Nash, Taylor, Raymond and McCann. The President declared the resolution DENIED. A roll call vote was taken on the original resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. 18230 By Councilman Nash, seconded by Councilman Taylor, it was #1165-79 RESOLVED, that having considered a communication from the Superintendent of Public Service and the Director of Public Works, dated November 5, 1979, approved for submission by the Mayor, wherein it is recommended that the City-owned Livonia Aid Center Building located at 33110 Five Mile Road be demolished inasmuch as it is vacant, in a poor state of repair and represents a potential nuisance, the Council does hereby determine to concur in this recommendation and the Public Service Division is hereby authorized to demolish and remove said building and all appurtenances thereto. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #1166-79 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and the Superintendent of Public Service, dated November 2, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the installation of boiler tube replacements at the Jefferson Center which replacement is to be made by Purvis & Foster, Inc. , 6440 Wight Street, Detroit, Michigan 48207, for the total sum of $3507.00, the same to be appropriated and expended from the Unexpended Fund Balance Account; FURTHER, the Council does hereby authorize the said work 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) (1) and (4) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Nash, it was #1167-79 RESOLVED, that having considered a communication from the City Engineer and the City Attorney, dated October 31, 1979, approved by the Director of Public Works and approved for submission by the Mayor and submitted pursuant to Council Resolution 133-79, with regard to a proposed exchange of property between the City of Livonia and the Ager Building Company, in the S W 1/4 of Section 3, the Council does hereby determine to authorize the conveyance to Ager Building, 27620 Farmington Road, L. Farmington Hills, Michigan 48024, of the following described property: Part of the S.W. 1/4 of Section 3, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as follows: 18231 Commencing at the S.W. corner of Section 3, T. 1 S , R. 9 E , and proceeding N. 89° 38' 30" E. , along the South line of said Section 3, 1323.75 feet; and con- tinuing N. 00° 00' 58" E. , 885.45 feet to the Point of Beginning of the Parcel herein described; thence N. 89° 47' 39" E. , 56.65 feet; thence N. 80° 14' 34" E. , 60.56 feet; thence N. 75° 27' 07" E. , 159.44 feet; thence N. 84° 57' 04" E. , 169.86 feet; thence S. 73° 58' 47" E. , 146.55 feet; thence S 85° 59' 27" E. , 58.98 feet; thence N. 65° 01' 39" E , 177.43 feet; thence S. 74° 25' 21" E. , 56.49 feet; thence S. 50° 19' 06" E. , 125.52 feet; thence S. 23° 56' 25" E. , 98 61 feet; thence S. 00° 09' 47" E. , 189.60 feet; thence S. 89° 38' 30" W. , 992.06 feet; thence N. 00° 00' 58" E , 285.45 feet to the Point of Beginning, containing 7.320 acres, said Parcel being subject to the rights of the public on the Tarabusi Drain. which conveyance shall be made concurrent with a conveyance to the City of Livonia from Ager Building Company of the following described property: Part of the S.W. 1/4 of Section 3, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as follows: Commencing at the S.W. corner of Section 3, T.1 S. , R. 9 E. , and proceeding N 89° 38' 30" E. along the South line of said Section 3, 665.51 feet and continuing N. 00° 02' 00" W along the East line of Westmore Sub- division (recorded in Liber 48 of Plats, Page 85, W.0 R. ), 1586.58 feet to the Point of Beginning of the Parcel herein described; thence S. 59° 10' 00" E , 60 58 feet; thence S 51° 41' 35" E. , 201.44 feet; thence S. 51° 20' 47" E. , 64 06 feet; thence S. 00° 02' 00" E. , 120.79 feet, thence S. 34° 12' 28" E , 211.59 feet; thence S. 24° 45' 20" E. , 132.51 feet; thence S. 45° 20' 08" E. 58.90 feet; thence S. 67° 57' 04" E. , 116.79 feet; thence N. 89° 47' 39" E. , 74.63 feet; thence N. 00° 00' 58" E. , 1090.34 feet; thence S. 89° 52' 47" W , 659.09 feet; thence S. 00° 05' 27" W. , 391.94 feet to the Point of Beginning, containing 11.793 acres, said. Parcel being subject to the rights of the public in the Tarabusi Drain. It being understood that the transaction herein described shall be subject to: 1. Ager Building Company providing the City of Livonia with title insurance in an amount of not less than $100,000.00; 2. Ager Building Company bearing all costs of current and future property taxes until such time as the property being conveyed to the City has been re- moved from the tax rolls and is designated as being tax exempt; 18232 3. The deposit in escrow by Ager Building Company of an amount sufficient to guarantee compliance with the terms of subparagraph 2 herein, and the Mayor and City Clerk, for and on behalf of the City of Livonia, are hereby authorized to execute an appropriate deed of conveyance, as prepared by the Department of Law, to the aforementioned Ager Building Company. A roll call vote was taken on the foregoing resolution with the following result• AYES: Bennett, Bishop, Nash, Taylor, Raymond and McCann. NAYS: Ventura. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Nash, it was #1168-79 RESOLVED, that having considered a communication from the Mayor, dated November 7, 1979, wherein it is indicated that the following persons have been appointed to the Board of Directors of the Economic Development Corporation of the City of Livonia for terms which shall expire upon either the completion or the abandonment of the Topeka Inn Management Motel Project Plan. imp Mr. Norman A. Horowitz 18411 University Park Drive Livonia, Michigan 48152 and Mr. Daniel J. Kelley 36719 Bobrich Livonia, Michigan 48152 the Council does hereby approve of and concur in the aforesaid action, provided that the aforesaid persons take the oath of office as required by Section 3, Chapter X of the City Charter, to be administered by the •ffice of the City Clerk. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None By Councilman Bishop, seconded by Councilman Ventura, it was #1169-79 RESOLVED, that having considered a communication from the Mayor, dated November 7, 1979, wherein it is indicated that the following persons have been appointed to the Board of Directors of the Economic Development Corporation of the City of Livonia for terms which shall expire upon either the completion or the abandonment of the Jacobson's Department Store Project Plan: 18233 Mr. Michael P. O'Connor 15338 Susanna Circle Livonia, Michigan 48154 and Mr. Bernard R. Pickard 18453 University Park Livonia, Michigan 48152 the Council does hereby approve of and concur in the aforesaid action, provided that the aforesaid persons take the oath of office as required by 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #1170-79 RESOLVED, that having considered a communication from the Department of Law, dated November 2, 1979, submitted pursuant to Council Resolution 972-79, which transmits for Council acceptance a warranty deed dated November 1, 1979, executed by Irving F Harris and Kathryn V. Harris, his wife, individually and d/b/a Harris Tool Products Company, conveying to the City certain property which is more particularly described as: Lots 243 and 244, The Argonne Subdivision, as recorded in Liber 40, Page 5 of Plats, Wayne County Records the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid warranty deed, and the City Clerk is hereby requested to have the same recorded and to do all other things necessary or incidental to the full performance of this resolution; further, the office of the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being City-owned and exempt A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, it was #1171-79 RESOLVED, that the Council having considered a communication from the City Engineer, dated October 29, 1979, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution 967-79, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of ornamental street lighting with underground 18234 wiring in the New Joy Subdivision and New Joy Subdivision No. 2 area in the S.E 1/4 of Section 32, T. 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by publio authoritiet,, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of November 5, 1979, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, January 14, 1980, at 8.00 P.M as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code L A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor and McCann. NAYS: *Raymond. The President declared the resolution adopted. *Councilman Raymond made the following statement: My 'no' vote is cast because I believe that this is not the proper way to finance street lights. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. RE: PETITION NO. 79-7-3-8 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. LCouncilman Taylor gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. RE: PETITION NO. 79-7-3-9 18235 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 Bishop, and unanimously adopted, it was #1172-79 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 Raymond, seconded by Councilman Bishop, it was #1173-79 RESOLVED, that having considered a communication from the Livonia Arts Commission, dated November 16, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which indicates that a 1979-1980 Grant in the amount of $16,380 00, Arts Grant No. 80B 015A, has been awarded by the Michigan Council for the Arts to the City of Livonia, the Council does hereby authorize the Arts Commission, for and on behalf of the City of Livonia, to accept the said Grant, 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #1171+-79 RESOLVED, that having considered a communication from the President of the City Council, dated November 19, 1979, which bears the signature of the Finance Director, the Council does hereby authorize the purchase of the following equipment from Miles Fox Company, 5775 E Thirteen Mile Road, Warren, Michigan: 7 Jofco No. CR3466 Credenzas - 66" x 18" with box file drawer on each end and sliding door in the middle Lock on drawers Oiled Walnut/Plastic top. $ 31+7.75 ea. $2,434.25 1 Special Conference Table - 42" deep and based on an outside diameter of 150". Maximum out- side dimension is 216" Top is in 2 pcs. with 1+" drop edge on ends and inside diameter edge. Finish in Walnut Plastic laminate w/12-3" vinyl clad legs. $1,969 80 18236 2 Special Conference Tables - 42" deep and based on a 234" outside diameter and a 150" inside diameter. Maximum outside dimension is 78" 4" drop edge 3 sides w/4-3" vinyl clad legs. $525.00 ea. $1,050.00 FURTHER, the Council does hereby authorize the said purchases 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, this 919th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:45 P. M. , November 19, 1979. �f / A' ADDISON W. rz i •iN, CI`,t'Y CLERK