HomeMy WebLinkAboutCOUNCIL MINUTES 1979-12-12 18241
MINUTES OF THE NINE HUNDRED AND TWENTIETH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On December 12, 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 8:10 P. M. . Councilman Ventura delivered the invocation.
Roll was called with the following result: Present--Robert E. McCann, Robert F. Nash,
Gerald Taylor, Jerry Raymond, Robert D. Bennett and Peter A. Ventura. Absent--
Robert R. Bishop.
Elected and appointed officials present: Addison W. Bacon, City Clerk;
Frances S. Stem, Deputy City Clerk; Harry C. Tatigian, City Attorney; G. E Siemert,
City Engineer; H. Shane, Planning Department; Frank Kerby, Chief Building Inspector;
Joseph J. Falk, Planning Commission, Jack Dodge, Finance Director and Ronald R.
Reinke, Superintendent of Parks and Recreation.
By Councilman Ventura, seconded by Councilman Bennett, and*unanimously
adopted, it was
#1175-79 RESOLVED, that the minutes of the 919th Regular Meeting of the
Council of the City of Livonia, held November 19, 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 following resolution was unanimously introduced, supported and
adopted:
#1176-79 WHEREAS, after 14 years of loyal and devoted service to the
people of this community, Jerry Raymond is departing from the ranks of the
Livonia City Council; and
WHEREAS, during his tenure on the Council he has served as
Chairman of the Legislative Committee, the Capital Improvement Committee,
the Streets, Roads and Plats Committee, the Joint School Board/Council
Committee; as a member of the Waste Disposal Committee and the Finance and
Insurance Committee; and as a member of the Board of Trustees of the
Livonia Employees Retirement System; and
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lipWHEREAS, in addition to his duties as a Councilman, he has in
years past rendered outstanding service to the community at large as the
City's delegate to the Southeast Michigan Council of Governments; and
WHEREAS, he is a past member of the Lions Club and the Livonia
Rotary Club and served as Chairman of the Wayne County 19th Congressional
District for the Democratic Party; and
WHEREAS, during the course of his public service and participa-
tion in community affairs, Jerry Raymond has given unstintingly of himself
to promote the welfare of the public and has exhibited those qualities of
intelligence, tenacity and integrity which best personify a dedicated
public servant,
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council
of the City of Livonia do hereby take this means to publicly commend and
congratulate Jerry Raymond for his years of devoted service to this City,
to extend our best wishes for success in his future endeavors, and to
express the sincere hope that he will remain in our midst for years to
come as a friend, neighbor and counselor.
The following resolution was unanimously introduced, supported and adopted:
#1177-79 WHEREAS, after 35 years of loyal and devoted service to the people
of this community, Carl J Wagenschutz is departing as Treasurer of the
City of Livonia; and
WHEREAS, he was Treasurer of Livonia Township for six years and
has served the City of Livonia continuously as Treasurer from the date of
its incorporation in 1950, and
WHEREAS, he served on the Charter Commission of the City of
Livonia; and
WHEREAS, in addition to his duties as City Treasurer, he has in
years past rendered outstanding service to the community at large as a
charter member of the Rotary Club and as its president in 1961-1962; and
as Treasurer of the Livonia Goodfellows since it was first organized; and
WHEREAS, he has served this City through the years of its infancy
and growth to its present state of maturity and has exhibited those
qualities of intelligence, loyalty and integrity which best personify a
dedicated public servant,
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of
the City of Livonia do hereby take this means to publicly commend and
congratulate Carl J Wagenschutz for his years of devoted service to this
City, to extend our best wishes for success in his future endeavors, and
to express the sincere hope that he will remain in our midst for years to
come as a friend, neighbor and counselor.
The communication from the Finance Director dated November 20, 1979
transmitting various financial statements of the City for the month ending October
31, 1979, was received and placed on file for the information of the Council.
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The communication from the Department of Law dated November 19, 1979 with
respect to Wayne County Circuit Court No 77-706030-AS (Michigan Court of Appeals
Na. 7$-1245) Owens, Snilivan and L.P.O.A vs. City of Livonia, was received and
placed on file for the information of the Council.
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (PETITION 79-7-3-8)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. PETITION 79-7-3-9)
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
By Councilman Ventura, seconded by Councilman Taylor, it was
#1178-79 RESOLVED, that having considered communications from the Director
of Finance, dated November 7, 1979 and November 20, 1979, approved for
submission by the Mayor, the Council does hereby determine to authorize the
purchase of gasoline from Texaco, Inc. at the following unit prices.
a) Effective October 5, 1979
Regular - Less than 4,000 Gals. - .774/Gal.
Regular - More than 4,000 Gals. - .720/Gal.
Lead Free - Less than 4,000 Gals. - 8195/Gal.
Lead Free - More than 4,000 Gals. - .7625/Gal.
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and
b) Effective November 8, 1979
Regular - Less than 4,000 Gals. - .794/Gal.
Regular - More than 4,000 Gals - 740/Gal.
Lead Free - Less than 4,000 Gals. - .8395/Gal.
Lead Free - More than 4,000 Gals. - .7825/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.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Taylor, and unanimously
adopted, it was
#1179-79 RESOLVED, that the Council does hereby request that the
Superintendent of Public Service investigate the possibility of converting
City vehicles to the use of propane and thereafter submit his report and
recommendation to the Council.
By Councilman Nash, seconded by Councilman Raymond, it was
#1180-79 RESOLVED, that having considered a communication from the
Director of Finance, dated November 20, 1979, approved for submission by
the Mayor, the Council does hereby authorize the transfer of the sum of
$200,000.00 from the Civic Center Improvement Fund to the Economic
Development Authority Grant Fund in order to complete the construction of
the Civic Center facility.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Taylor, it was
#1181-79 RESOLVED, that having considered a communication from the City
Engineer, dated November 19, 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, with regard to the action taken in
Council Resolution 419-78, adopted on May 3, 1978, wherein a contract in
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the amount of $149,000.00 was awarded to the Nelson Mill Company for
Phase III, Part 19 (Carpentry and Millwork) construction of the new Civic
Center Municipal Building, the Council does hereby appropriate and
authorize the expenditure of an additional $24,461.92 from the Federal
Economic Development Administration Funds for this purpose, 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: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None
By Councilman Ventura, seconded by Councilman Nash, it was
#1182-79 RESOLVED, that having considered a communication from the
Director of Finance, dated November 7, 1979, approved for submission by the
Mayor, with respect to the action taken in Council Resolution 683-77,
adopted on July 13, 1977, wherein the Livonia Public Schools School
District was authorized to furnish the City with certain computer services
for a three year period through June 30, 1980, the Council does hereby
authorize an increase in the monthly charge of the school district from
$10,977.00 to $12,744 00 commencing on and after October 1, 1979, the
action herein being taken for the reasons indicated in an attachment to the
aforesaid communication from the Assistant Superintendent for Operational
Services of the School District, dated August 27, 1979; 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: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Bennett, seconded by Councilman Taylor, it was
#1183-79 RESOLVED, that having considered the report and recommendation of
the Director of Finance, dated November 20, 1979, approved for submission
by the Mayor, to which is attached a communication from R. L Jones &
Associates, Inc. , dated November 19, 1979, with respect to a proposed
Workers' Compensation Insurance Renewal Program, the Council does hereby
determine to authorize the Mayor and City Clerk for and on behalf of the
City of Livonia to execute a two year contract with Corporate Services,
Inc. for loss prevention service and for the aggregate excess policy of
$3,000,000.00 Workers' Compensation from Employees Reinsurance Corporation
at the rates and in the manner detailed and set forth in the aforesaid
communication with attachments, further, the Council does hereby authorize
the payment of the sum of $141,990.00 to Corporate Services, Inc. for the
current fiscal year of which 60% is to be paid forthwith on the effective
date of this resolution and the balance within a six month period; 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
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AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann
NAYS: None.
By Councilman Taylor, seconded by Councilman Nash, it was
#1184-79 RESOLVED, that having considered a communication from the Mayor,
dated November 8, 1979, wherein a request is submitted for additional funds
for the Arts Commission, the Council does hereby appropriate the sum of
$9,700.00 from the Unexpended Fund Balance Account to be allocated in the
1979-80 budget of the Arts Commission for the following purposes:
1. Eight winter performances in the new City Hall $5,200.00
2. Free-standing display units for City Hall lobby $3,000.00
3. One console piano for use in new City Hall. $1,500.00
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Nash, it was
#1185-79 RESOLVED, that having considered a communication from the City
Engineer, dated November 8, 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, with regard to a drainage problem which exists on
the driveway running along the north side of the Old City Hall Building,
the Council does hereby determine to refer this item to the City Engineer
and the City Planner for an evaluation and their report and recommendation
on the question of whether or not the said Old City Hall driveway should
be discontinued in view of the new development which has now taken place.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS. None.
By Councilman Nash, seconded by Councilman Taylor, it was
#1186-79 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated November 19, 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 the attached Construction EstimatE
dated November 7, 1979, the Council does hereby authorize final payment in
the amount of $4,481.25 to Jamesco, Inc., Box 27062, Lansing, Michigan
48909, which sum includes the full and complete balance due on a contract
dated May 29, 1979, in the amount of $97,872.50, the actual contract amount
completed to date being $102,353 75, in connection with the 1979 Concrete
Pavement Joint and Crack Sealing Program (Contract No 79-F), it appearing
from the aforementioned report that all work under the said contract has
been completed in accordance with City standards and specifications, and
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that the necessary contractor's affidavit, maintenance and guarantee bond
have been filed; and for this purpose the Council does hereby appropriate
an additional $4,481.25 from the City's Motor Vehicle Highway Fund Receipts
(Major and Local Road Accounts); 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: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Nash, it was
#1187-79 RESOLVED, that having considered a communication from the City
Engineer, dated November 19, 1979, which bears the signature of the Finance
Director, is approved by the City Attorney and the Director of Public Works,
and is approved for submission by the Mayor, with regard to the need for
additional right-of-way on Levan Road, south of Lyndon (Parcel 20J1a1), the
Council does hereby authorize the employment, by the Engineering Division,
of Mr. Leo Buffa, an expert real estate appraiser, A.S.A , for the sum of
$150.00 in order to prepare the said appraisal, and the Council does hereby
appropriate and authorize the expenditure of the sum of $150.00 from the
$7.9 Million General Obligation Road Improvement Bond Issue for this purpose
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: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Ventura, it was
#1188-79 RESOLVED, that having considered a communication from the City
Assessor, dated November 19, 1979, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, the Council does
hereby authorize the Mayor and City Clerk to execute for and on behalf of
the City of Livonia a one year lease with Computers Diversified, Inc , 3031
Airpark Drive North, Flint, Michigan 48507, of data processing equipment to
assist with assessment information in direct contact with the Wayne County
Bureau of Taxation, the configuration of which equipment is as follows:
3 CRT - 1920 character; screen - green background and black characters;
shading and blinking ability as well as Burroughs protocol.
LEASE PRICE PER MONTH: $102.20 each - 12 months
1 PRINTER - 150 characters per second print speed including bi-directional
and individual addressing capabilities. Will print 132
character print lines, if required, for report output.
LEASE PRICE PER MONTH: $90.00 each - 12 months
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FURTHER, 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) (4) and (5) of the Livonia Code of
Ordinances, as amended.
By Councilman Ventura, seconded by Councilman Raymond, it was
RESOLVED, that having considered a communication from the City
Assessor, dated November 19, 1979, which bears the signature of the Directo
of Finance and is approved for submission by the Mayor, with respect to the
leasing of certain data processing equipment, the Council does hereby
determine to refer the same to the Committee of the Whole for further
consideration.
A roll call vote was taken on the motion to refer, with the following result:
AYES. Ventura and Raymond
NAYS: Nash, Taylor, Bennett and McCann.
The President declared the motion to refer DENIED.
A roll call vote was taken on the original resolution with the following result:
AYES: Nash, Taylor, Raymond, Bennett and McCann.
NAYS: Ventura.
The President declared the resolution adopted
By Councilman Ventura, seconded by Councilman Taylor, it was
#1189-79 RESOLVED, that having considered a communication from the Mayor,
dated November 7, 1979, wherein it is indicated that Angelo A. Plakas,
36702 Whitcomb, Livonia, Michigan, has been appointed to the Board of
Directors of the Economic Development Corporation of the City of Livonia
to fill the unexpired two year term of Addison W. Bacon, the Council does
hereby approve of and concur in the aforesaid action, provided that the
aforesaid person takes the oath of office as required in Section 3, Chapter
X of the City Charter, to be administered by the office of the City Clerk.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Taylor, it was
#1190-79 RESOLVED, that having considered a communication from the Mayor,
dated November 15, 1979, wherein it is indicated that notice has been
received that requires the appointment of two additional Directors to the
Economic Development Corporation who shall be representative of neighbor-
hood residents with respect to the American Community Mutual Life Project
Plan, who are as follows:
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Mr. Edward V. McNally
34357 Munger
Livonia, Michigan 48154
Mr. Fernon Feenstra
35234 Elmira
Livonia, Michigan 48150
the Council does hereby approve of and concur in the aforesaid action,
provided that the aforesaid persons take the oath of office as required in
Section 3, Chapter X of the City Charter, to be administered by the office
of the City Clerk.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Ventura, it was
#1191-79 RESOLVED, that having considered a communication from the City
Assessor, dated November 10, 1979, approved for submission by the Mayor,
with regard to a request from Mr. Dennis A Redick, 34442 West Nine Mile
Road, Farmington, Michigan 48024, 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 46 002 01 0392
000 (01e392) would not be contrary to the spirit and purpose of the afore-
said Ordinance and does, accordingly, approve of dividing and combining of
the same into three (3) parcels, the legal descriptions of which shall read
as follows:
PARCEL A
The South 75.50 feet of Lot 392
PARCEL B
The North 75.50 feet of the South 151.00 feet of Lot 392
PARCEL C
The North 112.92 feet of Lot 392
as shown on the map attached to the aforesaid communication 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.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Taylor, it was
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#1192-79 RESOLVED, that having considered a communication from the Michigan
Liquor Control Commission, dated November 26, 1979, which indicates that
the application for a transfer of ownership to Ching Lim, Inc. for a 1979
Class C Licensed business with official permit (food), two (2) bars and
Sunday Sales located at 29703 W. Seven Mile Road, Livonia, Michigan 48150,
has been cancelled, the Council does hereby determine to rescind and repeal
Council Resolution 929-79; and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor Control
Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted
it was
#1193-79 RESOLVED, that having considered a communication from the St.
Andrew's Episcopal Church, 16360 Hubbard Road, Livonia, Michigan 48154,
dated November 19, 1979, the Council does hereby grant permission to the
said church to place two (2) signs, one on Five Mile Road and Hubbard and
one on Six Mile Road and Hubbard, with respect to the following activities
and on the dates indicated:
1. Antique Show on April 25th and April 26th, 1980.
2. Bazaar on November 6th, 1980
By Councilman Ventura, seconded by Councilman Taylor, it was
#1194-79 RESOLVED, that having considered a communication from Lecture
Series Chairman of the Livonia Family "Y", dated November 16, 1979, wherein
permission is requested to use the City Hall auditorium on January 25, 1980,
February 29, 1980, March 28, 1980 and April 25, 1980, in connection with
the 1980 Lecture Series, the Council does hereby determine to authorize the
use of the said auditorium on the basis of an interim rental of $100.00 per
session, which fee shall be subject to revision and which approval is
herein granted subject to the auditorium being available for such use.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Taylor, and unanimously
adopted, it was
#1195-79 RESOLVED, that having considered a communication from the Director
of Public Works, dated December 12, 1979, which proposes a rate schedule
for the use of the City Hall Auditorium by private groups and other
organizations, the Council does hereby determine to refer this item to the
18251
Finance and Insurance Committee for its report and recommendation on the
overall question of establishing a permanent policy in this regard.
By Councilman Nash, seconded by Councilman Raymond, and unanimously
adopted, it was
#1196-79 RESOLVED, that having considered a communication from Mrs.
Ellen Pietruszka, 25168 Pamela, Taylor, Michigan 48180, dated November 7,
1979, wherein Mrs. Pietruszka has offered for sale to the City of Livonia
1.5 acres of vacant wooded land located near the intersection of Hix Road
and Northfield Street in the Southwest 1/4 of Section 31, the Council does
hereby request that the Parks and Recreation Commission and the City
Planner submit their respective reports and recommendations with respect
to this item.
By Councilman Ventura, seconded by Councilman Bennett, it was
#1197-79 RESOLVED, that having considered a communication from Daykin
Electric Corporation, 11721 Levan Road, Livonia, Michigan48150, dated
November 15, 1979, wherein it is indicated that it intends to transfer its
facilities from the aforesaid location in Livonia, Michigan, to the Town-
ship of Canton, and it further indicates that Daykin Electric Corporation
desires to obtain a 1974 PA 198 Exemption for the Township Facility, the
Council does hereby consent to the granting of said certificate in the
manner and form requested, and the City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Nash, it was
#1198-79 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, 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,
all other financial assurances now on deposit with the City with respect to
remaining improvements in said subdivision shall remain the same and un-
changed; 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:
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AYES. Ventura, Nash, Taylor, Raymond, Bennett and McCann
NAYS: None.
By Councilman Nash, seconded by Councilman Taylor, it was
#1199-79 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 pave-
ment 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 aforementioned 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• Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None
By Councilman Nash, seconded by Councilman Ventura, it was
#1200-79 RESOLVED, that having considered a communication from Angelo
DiPonio, 13040 Merriman Road, Post Office Box 2185, Livonia, Michigan 48151,
dated November 14, 1979, wherein a request is submitted to accept a Personal
Bond of Angelo DiPonio, Gabriele Paciocco and Irwin Ager, joint venturers
of G.V.A. Associates, in lieu of the various financial assurances required
in Item No. 8 of Council Resolution 825-79, adopted on August 15, 1979,
wherein the preliminary plat of Laurel Park South Subdivision No. 2 was
approved and certain bonds and financial assurances were established in
order to assure the completion of various public improvements and which
resolution was amended by Council Resolution 1141-79, adopted on November
19, 1979, the Council does hereby determine to approve and accept the
request herein submitted and to the extent required to be consistent with
the action taken herein, Council Resolution 825-79 is hereby amended and
revised; further, the Council does hereby condition the acceptance herein
granted upon approval as to form of the said Personal Bond by the Depart-
ment of Law; and the City Clerk and City Treasurer are hereby requested 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. Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None
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By Councilman Taylor, seconded by Councilman Nash, and unanimously
adopted, it was
#1201-79 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated November 5, 1979, on all matters required by
Section 2-506 of the Livonia Code of Ordinances, as amended, and all
owners of record of property subject to the proposed special assessment
district having submitted in writing a "waiver of notice and proceedings"
in accordance with Section 2-531 of said Code, and after careful considera-
tion having been given to all such matters, the Council does hereby,
pursuant to Section 2-508 of said Code:
(1) accept and approve said statement in all respects;
(2) determine to make the improvement consisting of 31-foot wide
full-depth asphalt pavement with concrete curbs and gutters on
Clarita Avenue, east of Middlebelt in the N.W 1/4 of Section 12,
T. 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, as
described in said statement; and to defray the cost of such improve-
ment by special assessment upon the property especially benefited in
proportion to the benefits derived or to be derived;
(3) approve the plans and specifications for said improvement as set forth
in said statement dated November 5, 1979,
(4) determine that the estimated cost of such improvement is $44,411.00;
(5) determine that the cost of said improvement shall be paid for in part
by special assessments on the property benefitedthereby and in part
by the City at large, in proportions hereafter established;
(6) that the proportion of the cost and expense of said improvement to be
borne and paid by the City shall be 50% ($22,205.50) and that the
balance of said cost and expense of said public improvement amounting
to $22,205.50 shall be borne and paid by special assessments on all
lands and premises in the special assessment district as herein
established in proportion to the benefits to be derived therefrom;
(7) determine that assessments made for such improvement may be paid in
ten (10) annual installments together with interest thereon on the
unpaid balance;
(8) designate the assessment district, describing the land and premises
upon which special assessments shall be levied as follows:
A special assessment district in the N W. 1/4 of Section 12, T. 1 S. , R.
9 E. , City of Livonia, Wayne County, Michigan described as containing the
following described property:
Wayne County Bureau of Taxation Parcels 12B39a,40 and 12B38b1.
(9) that the City Assessor is hereby directed to prepare a special
assessment roll including all lots and parcels of land within the
above district designated by the Council and to assess to each such
lot or parcel of land such relative portions of the whole sum to be
18254
levied against all lands in the special assessment district as the
special benefits to such lots or parcels of land bear to the total
benefit of all land and also to enter upon such roll the amount which
has been assessed to the City at large, all in accordance with the
determination of the City Council, and
(10) that upon the completion of said roll the City Assessor shall attach
thereto the certificate required by the provisions of Section 2-510
of the Livonia Code of Ordinances, as amended, of the City of Livonia
and file the same with the City Clerk who thereupon is directed to
present the same to the City Council prior to the holding of the
second public hearing thereon required by Section 2-511 of the said
Code.
By Councilman Bennett, seconded by Councilman Ventura, and unanimously
adopted, it was
#1202-79 RESOLVED, that having considered a communication from the Mayor,
dated November 5, 1979, to which is attached a Proposed Snow Alert
Ordinance, the Council does hereby refer the same to the Legislative
Committee for its report and recommendation.
By Councilman Taylor, seconded by Councilman Nash, and unanimously adopted,
it was
#1203-79 RESOLVED, that having considered a communication from the City
Clerk, dated November 27, 1979, to which is attached a Proposed Amendment
to Sections 2-1801 and 2-1802 of the Livonia Code of Ordinances, wherein
the requirement that the City Clerk and Deputy City Clerk post bonds would
be eliminated, the Council does hereby refer the same to the Finance and
Insurance Committee for its report and recommendation.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#1204-79 RESOLVED, that having considered a communication from the City
Attorney, dated November 7, 1979 and submitted pursuant to Council Resolu-
tion 994-79, with regard to use of garbage and refuse funds, the Council
does hereby determine to refer the same to the *Later Supply, Drainage,
Sewage & Waste Disposal Study Committee for its report and recommendation.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#1205-79 RESOLVED, that having considered a communication from the
imet Director of Community Resources, dated November 8, 1979, approved for
submission by the Mayor, the Council does hereby determine to amend and
revise Council Resolution 705-78, so as to delete therefrom, "CETA FUNDS"
and to insert in lieu thereof, "STATE OF MICHIGAN FUNDS."
By Councilman Taylor, seconded by Councilman Nash, it was
18255
#1206-79 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 Resolution 1475-79, adopted by the Parks and Recreation
Commission on September 17, 1979, wherein it is recommended that the
department establish a nominal fee of $5.00 for the following departmental
run leisure programs:
1. Floor Hockey
2. Flag Football
3. Saturday Fun Day
4. After School Kids Fun
5. Arts and Crafts
and that all programs will have a set minimum and maximum enrollment
based on the cost of operating such programs, 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: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Bennett, seconded by Councilman Taylor, it was
#1207-79 RESOLVED, that having considered a communication from the
Personnel Director, dated November 14, 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
August 9, 1979, wherein it is recommended that the classification of
Environmental Control Officer be established in the Bureau of Inspection at
the following rate of pay:
Step 1 Step 1 1/2 Step 2 Step 3 Step 4 Step 5
$17,430.40 $17,763.20 $18,116.80 $18,865.60 $19,593.60 $20,363.20
670.40 683.2o 696.8o 725.6o 753.6o 783.20
8.38 8.54 8 71 9.07 9.42 9.79
Plus COLA - $520 - Annually $20 - Bi-weekly $ 25 - Hourly
the Council does hereby determine to concur in and approve •f such action.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann
NAYS: None.
By Councilman Nash, seconded by Councilman Taylor, it was
#1208-79 RESOLVED, that having considered a communication from the
Director of the Livonia Housing Commission dated November 20, 1979, approve(
for submission by the Mayor, and which transmits resolution 14-79, adopted
by the Livonia Housing Commission on November 13, 1979, wherein it is
recommended that income limits for Silver Village be increased as follows:
18256
Present Recommended
Single - $10,200 ($850.00 mo. ) $11,200 ($933.00 mo.)
Couple - $11,700 ($975.00 mo.) #13,000 ($1,083.00 mo. )
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: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Taylor, it was
#1209-79 RESOLVED, that having considered a communication from the City
Engineer, dated November 7, 1979, approved by the Director of Public Works
and approved for submission by the Mayor, wherein it is recommended that
180 feet of a 12 foot high chain link fence be installed along the northerly
side of the new parking lot at the Idyl Wyld Golf Course (immediately east
of Nicky`s Restaurant) , the Council does hereby authorize the Engineering
Division to complete plans and specifications and thereafter to arrange for
the taking of competitive bids to be submitted to Council for the said fencc
in accordance with provisions of law and city ordinance.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Bennett, it was
#1210-79 RESOLVED, that having considered a communication from the City
Clerk dated November 30, 1979, which indicates that Ms. Lidia Veri, 36714
Bennett, Livonia, Michigan 48154, proprietor of Bicentennial Estates
Subdivision, situated in the Southwest 1/4 of Section 4, has delivered final
true plats to the City Clerk and requested that said plat be presented to
Council for final approval; and the Council having received a communication
from the City Planning Commission dated November 16, 1979, wherein said
Commission approves the final plat for the said subdivision in its resolu-
tion 11-226-79, adopted on November 13, 1979; and the Council having
considered a report from the City Engineer dated October 30, 1979 recommend-
ing approval of the final plat of said subdivision, the preliminary plat of
which was approved by the Council in its Resolution 711-79, adopted on
July 18, 1979, said preliminary plat having been recommended for approval
by the City Planning Commission on November 14, 1978 in its resolution
11-236-78; NOW, THEREFORE, the Council does hereby determine to grant its
approval to the Final Plat of Bicentennial Estates Subdivision, located in
the Southwest 1/4 of Section 4, City of Livonia, Wayne County, Michigan,
as submitted by the proprietor thereof, which proprietor is also hereby
required to do all things necessary to obtain full compliance with the
Subdivision Control Act of Michigan of 1967, as amended, and the Ordinances
of the City of Livonia; and further, the City Clerk is hereby requested to
do all things necessary or incidental to the full performance of this
resolution.
18257
A roll call vote was taken on the foregoing resolution with the following result•
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Taylor, it was
#1211-79 WHEREAS, pursuant to due and proper notice, published and mailed
to all property owners in Special Assessment District No. 209 for the
proposed improvement consisting of a 31-foot wide full-depth asphalt pave-
ment with concrete curbs and gutters (Alternate II) on St. Martins Avenue
from Purlingbrook to Livonia Mall Shopping Center in the S E. 1/4 of
Section 2, 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 November 14, 1979 at 7.00 p m at the City Hall, 33000
Civic Center Drive, 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 the street improvement to be constructed in Special Assessment District
No. 209, 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 August 29,
1979, in the amount of $54,567 24, 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. 209 is hereby approved and
confirmed in all respects,
(3) The amount of said roll shall be divided into fifteen (15)
equal annual installments with interest at the rate of eight
(8%) percent per annum on the unpaid balance of the assess-
ment 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 assessment roll, said rate of interest shall be
adjusted to a rate which is not more than l% 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;
1258
(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 roll 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) installment 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 expira-
tion 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 of the said improvement within the said district in the
sum of $38,382.36
A roll call vote was taken on the foregoing resolution with the following result-
AYES: Nash, Taylor, Raymond, Bennett and McCann.
NAYS. Ventura
The President declared the resolution adopted
By Councilman Taylor, seconded by Councilman Nash, and unanimously adopted,
it was
#1212-79 RESOLVED, that the Council does hereby request that the Traffic
Commission, the Traffic Bureau of the Police Department, and the Planning
Commission make a study of the exits from the Livonia Mall and thereafter
submit their respective reports and recommendations as to whether or not
any or all of the exits onto St. Martins Avenue should be closed.
The following preamble and resolution were offered by Councilman Ventura
and supported by Councilman Nash:
18259
#1213-79 WHEREAS, there exists in the City of Livonia, County of Wayne,
Michigan (the "City") the need for certain programs to alleviate and
prevent conditions of unemployment and to assist and retain local industries
and commercial enterprises in order to strengthen and revitalize the City's
economy; and
WHEREAS, a program to alleviate the aforesaid conditions has been
initiated by The Economic Development Corporation of the County of Wayne
(the "Corporation"), and
WHEREAS, the Corporation in conformity with Act 338 of the Public
Acts of 1974, as amended ("Act 338"), has prepared and submitted a project
plan, as amended, providing all information and requirements necessary for
a project (Win Schuler's Restaurants, Inc ); and
WHEREAS, the Planning Commission of the City has recommended its
approval to this Council; and
WHEREAS, the citizen project district area council has approved
said project plan.
WHEREAS, in conformity with Act 338 this Council has conducted a
public hearing on said project plan,
NOW, THEREFORE, BE IT RESOLVED:
1. The project plan, as submitted and approved by the Corporation
and by the City's Planning Commission and the citizen project district
council, meets those requirements set forth in Section 8 of Act 338.
2. The persons who will be active in the management of the
project for not less than one year after approval •f the project plan have
sufficient ability and experience to manage the plan properly.
3. The proposed methods of financing the project as outlined in
the project plan are feasible and the Corporation has the ability to arrange
the financing.
4. The project as submitted is reasonable and necessary to carry
out the purposes of the Act.
5. Based upon the information submitted and information obtained
at public hearings, the project plan, as submitted and the project to which
it relates, serves to alleviate and prevent conditions of unemployment,
strengthen and revitalize the City's economy, encourage the location and
expansion of enterprises in the City, and, therefore, constitutes an
essential, vital and necessary public purpose.
6. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the same hereby are
rescinded.
A roll call vote was taken on the foregoing resolution with the following result:
18260
AYES: Ventura, Nash, Taylor, Bennett and McCann.
ibe NAYS: Raymond
The President declared the resolution adopted
By Councilman Taylor, seconded by Councilman Ventura, it was
#1214-79 RESOLVED, that having considered a communication from the City
Planning Commission, dated September 20, 1979, which sets forth its resolu-
tion 9-165-79, adopted on September 11, 1979, with regard to Petition
79-8-1-25 submitted by Keywell & Herbach for a change of zoning on property
located on the southeast corner of Seven Mile Road and Melvin Avenue in the
Northeast 1/4 of Section 11, from R-1A and R-5 to C-i, and the Council
having conducted a public hearing with regard to this matter on November 14,
1979, pursuant to Council Resolution 1028-79, the Council does hereby reject
in part the recommendation of the Planning Commission and the said Petition
No. 79-8-1-25 is hereby approved and granted with the exception however,
that the Council does hereby concur in the recommendation of the Planning
Commission and does deny the said petition with respect to the southerly
200 feet of the subject parcel, and the Council does hereby, on its own
motion, refer to the Planning Commission for the purpose of conducting a
Public Hearing, and thereafter submitting a report and recommendation to
the Council on the question as to whether the southerly 200 feet of the
subject parcel should be rezoned to the "P" classification; and the City
Planner is hereby instructed to cause the necessary map for publication to
be prepared indicating the zoning change herein approved and to furnish the
same to the Department of Law and, upon receipt of such map, the Department
of Law is requested to prepare an ordinance amending Ordinance No. 543, as
amended, in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES. Ventura, Nash, Taylor, Raymond and Bennett
NAYS: McCann
The President declared the resolution adopted
By Councilman Ventura, seconded by Councilman Taylor, and unanimously
adopted, it was
#1215-79 RESOLVED, that having considered a communication dated November
15, 1979 from Mr. Kenneth R Hale of the firm of Hale and Freeman, P C ,
Towne Center Plaza, 15195 Farmington Road, Suite A-1, Livonia, Michigan
48154, which in accordance with the provisions of Section 19 08 of
Ordinance No 543, as amended, the Zoning Ordinance, takes an appeal from a
determination made on November 13, 1979 by the City Planning Commission in
its resolution 11-214-79 with regard to Petition 79-10-2-25 submitted by
Burger Chef Systems, Inc , requesting permission to construct a restaurant
on the west side of Farmington Road, north of Seven Mile Road in the South-
east 1/4 of Section 4, the Council does hereby designate Monday, January 14,
1980 at 8:00 P.M as the date and time for conducting a Public Hearing with
regard to this matter, such hearing to be held at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to
18261
do all things necessary in order to give proper notice in writing as well
as by the publication of a notice in the City's official newspaper of such
hearing and the date and place thereof in compliance with the requirements
set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the
City of Livonia.
By Councilman Ventura, seconded by Councilman Taylor, and unanimously
adopted, it was
#1216-79 RESOLVED, that having considered a communication from Senior
Citizen Achievement Needs, 15218 Farmington Road, Livonia, Michigan 48154,
dated November 30, 1979, wherein SCA N indicates its desire to present
to the City of Livonia two (2) new wheel chairs for use in the City Hall
by partially impaired persons, the Council does hereby determine, for and
on behalf of the City of Livonia, to accept this kind and thoughtful gift
and to take this means to indicate its sincere appreciation to S C.A.N for
this fine and generous gift.
By Councilman Taylor, seconded by Councilman Nash, and unanimously
adopted, it was
#1217-79 RESOLVED, that the Council having considered a communication from
the City Engineer dated November 21, 1979, approved by the Director of
Public Works and approved for submission by the Mayor Pro Tem, and submitted
pursuant to Council Resolution 1063-79, adopted on October 24, 1979, wherein
the City Engineer has ascertained the assessed valuation of all property
affected by the proposed installation of two (2) 175 watt, mercury vapor
lights cn existing wood poles within the St. Francis right-of-way, North
of Long, in the N. E 1/4 of Section 1, 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 public
authorities, the number of parcels which are vacant, and having prepared
and caused to be prepared plans and specifications therefor and an estimate
for the cost thereof, and to file the same with the City Clerk together
with his recommendation as to what proportion of the cost should be paid
by special assessment and what part, if any, should be a general obligation
of the City, the number of installments in which assessments may be paid
and the lands which should be included in the proposed special assessment
district, and it appearing to the Council that all of such information,
estimate, plans, specifications and recommendations have been properly
filed by the City Engineer with the City Clerk under date of November 21,
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.
By Councilman Nash, seconded by Councilman Raymond, it was
18262
By Councilman Nash, seconded by Councilman Raymond, it was
#1218-79 RESOLVED, that having considered a communication dated November
28, 1979 from the Department of Law transmitting for Council acceptance a
Grant of Easement dated October 29, 1979 executed by Richard L. Lambert,
General Partner of Laurel Park Elderly Housing, I, LDHA, 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,
The centerline of a 20 foot wide easement described as
beginning at a point said point being distant N. 00° 09'
10" E. 1933 01 ft. measured along the East line of said
Section 7 to a point, said point being S 00° 09' 10"
W. 700.39 ft. from the East 1/4 Corner of said Section 7
and S 89° 58' 00" W 995 01 ft. to a point of curve;
thence Southwesterly on a curve to the left, 418.88 ft.
measured along the arc of said curve to a point, said
curve having a radius of 600.00 ft and a central angle
of 40° 00' 00", and N 40° 02' 00" W. 43 00 ft. to a
point, and Southwesterly on a curve to the left 190 78 ft.
measured along the arc of said curve to a point, said
curve having a radius of 643 00 ft. and a central angle
of 17° 00' 00", and N 57° 02' 00" W. 83.17 ft to a point,
and S. 89° 58' 00" W 482.93 ft. to a point, and N 00°
02' 00" W. 40 00 feet from the East 1/4 Corner of said
Section 7, thence from said point of beginning N. 89° 58'
00" E 49 feet; thence N 44° 58' 00" E 65 05 ft. ; thence
N. 00° 02' 00" W 10 ft to a point "A"; thence N. 89°
58' 00" E. 125 ft ; thence N 11° 13' 00" E 90 ft. ; thence
N. 00° 02' 00" W 8 ft to a point of ending, thence
continuing from point "A" N 00° 02' 00" W 173.50 ft to
point "B", thence S 89° 58' 00" W. 95 ft. to a point of
ending, thence continuing from point "B" N. 89° 58' 00" E.
129.50 feet; thence N. 44° 58' 00" E 25 ft. , thence N.
00° 02' 00" W 18 ft. to a point of ending.
the Council does hereby for and in behalf of the City of Livonia accept
the aforesaid Grant of Easement and the City Clerk is hereby requested to
have the same recorded in the Office of the Register of Deeds and to do
all other things necessary or incidental to fulfill the purpose of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result•
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
Councilman Ventura gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. RE PETITION 79-9-3-10
18263
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Taylor gave first reading to the following Ordinance.
AN ORDINANCE AMENDING SECTION 3 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE
III OF ORDINANCE NO. 513, AS AMENDED, KNOWN AND
CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE,"
BY ADDING SECTION 3. THERETO. RE. PETITION NO.
79-6-1-18 FOR CHANGE OF ZONING FROM P.L. TO R-1
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Raymond gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. RE PETITION NO. 78-9-3-12
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 Ventura, seconded by Councilman Taylor, it was
#1219-79 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated October 5, 1979 pursuant to Council Resolution
636-79, adopted on June 20, 1979, 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 Curtis
Avenue from Farmington to Fairfield in the Southwest 1/4 of Section 10,
City of Livonia, Wayne County, Michigan, and a public hearing having been
held thereon on December 3, 1979, pursuant to Council Resolution 1075-79,
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
18264
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Nash, it was
#1220-79 RESOLVED, that having considered a communication dated October
17, 1979 from the City Planning Commission which sets forth its resolution
10-194-79 with regard to Petition 79-9-2-22 submitted by Dr Stephen
Selfon requesting waiver use approval to locate a veterinary clinic within
an existing building located on the east side of Middlebelt Road between
Six and Seven Mile Roads in the Northwest 1/4 of Section 12, and the
Council having conducted a public hearing with regard to this matter on
December 3, 1979, pursuant to Council Resolution 1079-79, the Council does
hereby determine to concur in the recommendation of the City Planning
Commission and Petition 79-9-2-22 is hereby denied for the same reasons as
those set forth in the action taken by the Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES. Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS• None.
By Councilman Ventura, seconded by Councilman Taylor, it was
#1221-79 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as
amended, this Council has the authority to establish industrial development
districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and located in the Southeast 1/4 of Section 28, more particularly
described in Exhibit A, attached hereto and incorporated by reference
herein, which area is hereinafter referred to as "City of Livonia
Industrial Development District No 5", and
WHEREAS, written notice has been given by certified mail to Awrey
Bakeries, Inc., 12301 Farmington Road, Livonia, Michigan 48150, of the
Council's pending action on this resolution and of its right to a hearing
on the establishment of proposed City of Livonia Industrial Development
District No. 5; and
WHEREAS, notice has been given to all interested owners,
residents and taxpayers in the Livonia area of a public hearing on the
establishment of the proposed City of Livonia Industrial Development
District No. 5; and
WHEREAS, on December 3, 1979 a public hearing was held on the
establishment of proposed City of Livonia Industrial Development District
No. 5, at which time Awrey Bakeries, Inc. and other taxpayers and residents
of the City of Livonia had an opportunity to be heard (a copy of the
statement both written and oral made at such hearing being on file with
this City Council), and a representative of Awrey Bakeries, Inc. attended
18265
said hearing and acknowledged receipt of notice of such hearing on behalf
of the said corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA,
AS FOLLOWS•
1. An Industrial Development District is hereby established,
such district to consist of the area described in Exhibit A,
attached hereto.
2. Such Industrial Development District is hereby designated as
the "City of Livonia Industrial Development District No. 5."
EXHIBIT A
All that part of the S E 1/4 of Section 28, T. 1 S , R. 9 E ,
City of Livonia, Wayne County, Michigan, described as: Beginning
at a point distant, N 0° 44' 50" W 1812.63 ft. and N. 0° 44'
50" W 774.23 ft. along the East line of Section 28 and N 89°
40' 50" W 190.00 ft. along the South Right of Way line of
Chesapeake and Ohio Railroad, and S. 0° 44' 50" E. 40 00 ft. from
the S E corner of said Section 28, thence S. 89° 40' 50" E
109 67 ft. ; thence S. 0° 44' 50" E. 219.00 ft. , thence N 89°
40' 50" W 112.00 ft. ; thence N. 0° 44' 50" W. 120.00 ft. ; thence
S. 89° 40' 50" E 2.33 ft. , thence N 0° 44' 50" W 99.00 ft.
to the point of beginning, containing 24,293.12 sq. ft. or
0.55769 acres of land and subject to easements of record.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond and McCann.
NAYS: Bennett.
The President declared the resolution adopted.
The following preamble and resolution were offered by Councilman Ventura
and supported by Councilman Nash-
#1222-79 WHEREAS, there exists in the County of Wayne (the "County") the
need for certain programs to alleviate and prevent conditions of unemploy-
ment, to assist and retain local industries and commercial enterprises in
order to strengthen and revitalize the County's economy and to encourage
the location and expansion of commercial enterprises to provide needed
services and facilities to the County and its residents, and
WHEREAS, a program to alleviate the aforesaid conditions and
accomplish said purposes has been initiated by The Economic Development
Corporation of the County of Wayne (the "Corporation"); and
WHEREAS, the Corporation in conformity with Act 338 of the Public
Acts of 1974, as amended ("Act 338"), has designated the hereinafter
described project area situated in this City (The Stolaruk Corporation) for
such a program to this Council for its approval thereof; and
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WHEREAS, the City's Planning Commission has indicated its
approval of said designation;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. This Council does hereby certify its approval of the
Corporation's designation of the project area described in Exhibit A
attached hereto and made a part hereof.
2. The City Clerk be and is hereby directed to deliver a
certified copy of this resolution to the Secretary of the Corporation.
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: Ventura, Nash, Bennett and McCann
NAYS: Taylor and Raymond.
The President declared the resolution adopted.
By Councilman Nash, seconded by Councilman Taylor, and unanimously
adopted, it was
#1223-79 RESOLVED, that in accordance with the provisions set forth in
Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended,
the City Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIII of
Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia,
the Council does hereby determine that a Public Hearing will take place
before the City Council of the City of Livonia on Monday, January 14, 1980,
at 8:00 P M. at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items:
(1) Petition 79-7-1-21 submitted by the City Planning Commission on its
own motion for a change of zoning of property located on the north side
of Ann Arbor Road between Newburgh Road and Ann Arbor Trail in the
Northeast 1/4 of Section 31, from R-1 to P, the City Planning
Commission having in its resolution 9-161-79 recommended to the City
Council that Petition No. 79-7-1-21 be approved;
(2) Petition 79-5-1-13 submitted by the City Planning Commission for a
change •f zoning of property located on the southeast corner of Ann
Arbor Trail and Newburgh Roads in the Northwest 1/4 of Section 32,
from C-1 to P.S , the City Planning Commission having in its resolu-
tion 11-213-79 recommended to the City Council that Petition 79-5-1-13
be approved;
(3) Petition 79-9-1-33 submitted by R. B. Murninghan for a change of
zoning of property located on the north side of Five Mile Road between
Cavour and Garden Avenues in the Southwest 1/4 of Section 13, from RUF
to R-7 and C-2, the City Planning Commission having in its resolution
11-221-79 recommended to the City Council that Petition 79-9-1-33 be
approved in part and denied in part; and
18267
(4) Petition 79-10-1-37 submitted by Edmund Nida for a change of zoning
of property located on the northeast corner of Plymouth Road and
Deering in the Southeast 1/4+ of Section 25, from P.S. to C-2, the
City Planning Commission having in its resolution 11-217-79
recommended to the City Council that Petition 79-10-1-37 be approved
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the
(a) nature of the proposed amendments to the Zoning Ordinance,
(and/or)
(b) location of the proposed changes of zoning as set forth above,
first to be published in the official newspaper of the City or a newspaper
of general circulation in the City of Livonia as well as to, not less than
fifteen (15) days prior to said public hearing, cause to have notice to be
given by registered mail to each public utility company and to each rail-
road company owning or operating any public utility or railroad within the
districts or zones affected, and further, the City Clerk is requested to
do all other things necessary or incidental to the full performance of this
resolution.
By Councilman Bennett, seconded by Councilman Raymond, it was
#122+-79 RESOLVED, that having considered a communication from the
Director of Community Resources, dated November 27, 1979, which bears the
signature of the Finance Director and is approved for submission by the
Mayor Pro Tem, the Council does hereby determine for and on behalf of the
City of Livonia to accept a gift in the amount of $350.00 from the Livonia
Kiwanis Club and takes this means to indicate its sincere appreciation to
the Livonia Kiwanis Club for this fine and generous gift.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS. None.
By Councilman Nash, seconded by Councilman Bennett, it was
#1225-79 RESOLVED, that having considered the report and recommendation
of the Committee of the Whole, dated December 5, 1979, and submitted
pursuant to Council Resolution 1060-79, in connection with a communication
from the Water and Sewer Board, dated September 20, 1979, which bears the
signature of the Finance Director and is approved for submission by the
Mayor and which transmits its resolution WS 2365 9/79, adopted on
September 18, 1979, wherein it is recommended that a new Wayne County
Sewage Disposal Rate of $3.82 p/1000 CF, be established effective on
all bills rendered on or after February 1, 1980 and that an Industrial
Waste Surcharge be established effective on all bills rendered on or
after January 1, 1980 as follows:
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BOD $0.103/Lb. greater than 200 mg/1
TSS $0.104/Lb. greater than 250 mg/1
P $1.103/Lb. greater than 10 mg/1
the Council does hereby determine to authorize the establishment of the
foregoing rates in accordance with a Court Order entered in the United
States District Court, Eastern District of Michigan, Southern Division,
relative to the Wayne County Sewage Disposal Rate Increase.
A roll call vote was taken on the foregoing resolution with the following result.
AYES. Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
Councilman Ventura took from the table for second reading and adoption,
the following Ordinance, which had its first reading by Councilman Bishop ion August
29, 1979, and referred to the Committee of the Whole in CR-893-79.
AN ORDINANCE AMENDING TITLE 8 CHAPTER 2
(MISDEMEANORS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED, BY ADDING SECTION
8-262 THERETO.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Ventura, Nash, Taylor, Bennett and McCann.
NAYS: Raymond.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
By Councilman Ventura, seconded by Councilman Taylor, it was
#1226-79 RESOLVED, that having considered the report and recommendation of
the Committee of the Whole, dated December 5, 1979, and submitted pursuant
to Council Resolution 1109-79, in connection with a communication from the
City Planning Commission, dated August 21, 1979, which sets forth its
resolution 8-135-79, adopted on August 7, 1979, with regard to Petition
79-6-1-19 submitted by Duane & Nancy Foster for a change of zoning on
property located on the north side of Schoolcraft Service Drive between
Farmington Road and Stamford in the Southeast 1/4 of Section 21, from R-2
to P.S , and the Council having conducted a public hearing with regard to
this matter on October 22, 1979, pursuant to Council Resolution 930-79, the
Council does hereby concur in the recommendation of the Planning Commission
and said Petition 79-6-1-19 is hereby approved and granted; and the City
Planner is hereby instructed to cause the necessary map for publication to
be prepared indicating the zoning change herein approved and to furnish the
same to the Department of Law and, upon receipt of such map, the Department
of Law is requested to prepare an ordinance amending Ordinance No. 543, as
amended, in accordance with this resolution.
18269
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS. None.
By Councilman Ventura, seconded by Councilman Nash, it was
#1227-79 RESOLVED, that having considered the report and recommendation
of the Committee of the Whole, dated December 5, 1979, and submitted
pursuant to Council Resolution 1108-79, in connection with a communication
from the City Planning Commission, dated August 21, 1979, which sets forth
its resolution 8-133-79, adopted on August 7, 1979, with regard to
Petition 79-6-1-17 submitted by Michael A. Boggio for a change of zoning
on property located on the west side of Inkster Road, north of Joy Road,
in the Southeast 1/4 of Section 36, from RUF to R-8, and the Council having
conducted a public hearing with regard to this matter on October 22, 1979,
pursuant to Council Resolution 930-79, the Council does hereby concur in
the recommendation of the Planning Commission and the said Petition
79-6-1-17 is hereby approved and granted; and the City Planner is hereby
instructed to cause the necessary map for publication to be prepared
indicating the zoning change herein approved and to furnish the same to the
Department of Law and, upon receipt of such map, the Department of Law is
requested to prepare an ordinance amending Ordinance No. 543, as amended,
in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result.
AYES. Ventura, Nash, Taylor, Raymond, Bennett and McCann
NAYS: None.
By Councilman Ventura, seconded by Councilman Taylor, it was
#1228-79 RESOLVED, that having considered the report and recommendation of
the Committee of the Whole, dated December 5, 1979, and submitted pursuant
to Council Resolution 1098-79, in connection with a communication from the
City Planning Commission, dated October 19, 1979, which transmits its
resolution 10-195-79, adopted on October 9, 1979, with regard to Petition
79-9-2-23 submitted by Edward Sharkey Hesano requesting waiver use approval
to establish a SDD Licensed operation on property located on the north side
of Six Mile Road, east of Haggerty Road in the Southwest 1/4+ of Section 7,
the Council does hereby determine to leave this item in the Committee of
the Whole for further consideration.
A roll call vote was taken on the foregoing resolution with the following result•
AYES. Ventura, Taylor, Raymond and Bennett.
NAYS: Nash and McCann.
The President declared the resolution adopted.
*Councilman Bennett was excused at 9.11 P. M
18270
By Councilman Raymond, seconded by Councilman Taylor, it was
#1229-79 RESOLVED, that having considered the report and recommendation of
the Committee of the Whole, dated December 5, 1979, and submitted pursuant
to Council Resolution 769-79, in connection with a communication from the
Michigan Liquor Control Commission, dated July 10, 1979, with regard to a
request from the Polish Legion of American Veterans, Post No. 166, for a
new Club License to be located at 39375 Amrhein Road, Livonia, Wayne County
Michigan, the Council does hereby determine to approve the said request in
the manner and form herein submitted and to recommend the issuance of the
said New Club License; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control Commission
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond and McCann.
NAYS* None.
*Councilman Bennett returned at 9:12 P. M.
*Councilman Raymond was excused at 9.12 P M.
By Councilman Taylor, seconded by Councilman Bennett, it was
#1230-79 RESOLVED, that having considered the report and recommendation of
the Committee of the Whole, dated December, 5, 1979, and submitted pursuant
to Council Resolution 801-79, in connection with a communication from the
Michigan Liquor Control Commission, dated July 30, 1979, with regard to an
application from Mr. Wing N Yee for a new full year Class C license to be
located at 37097 W. Six Mile Road, Livonia, Michigan 48154, the Council
does hereby determine to take this means to advise the Michigan Liquor
Control Commission that the City Council approves the said request "above
all others," such approval being subject to and conditioned upon compliance
by the applicant with the following conditions:
1. That the license will be put to use within the City of Livonia within
2 years from the date of issuance by the Michigan Liquor Control
Commission.
2. That the license will be used at the location indicated by the
applicant in accordance with plans and other communications submitted
to the Council
3. That the license will be used in a facility which is also used for
serving of food to be consumed on the premises.
4. That the license will not be transferred, sold or assigned to a third
party prior to actual use by the applicant.
5. That a police report will be submitted to the Council
In the event that the applicant fails to comply with any of the aforesaid
conditions in any manner whatsoever, this approval shall immediately and
automatically be deemed invalid and revoked except to the extent that the
applicant may be permitted to seek modification of condition No. 2 above,
18271
upon approval of such modification by the City Council based upon a showing
of good cause; and. the City Clerk is hereby requested to transmit a
certified copy of this resolution to the Michigan Liquor Control Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Bennett and McCann.
NAYS. None.
*Councilman Raymond returned at 9:13 P. M.
By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted,
it was
#1231-79 RESOLVED, that the Council does hereby establish the following
datet.s for the purpose of conducting Regular Meetings of the City Council
for the month of January, 1980:
Monday, January 7, 1980,.
Wednesday, January 16, 1980; and
Wednesday, January 30, 1980.
By Councilman Raymond, seconded by Councilman Taylor, and unanimously
adopted, it was
#1232-79 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 Ventura, seconded by Councilman Taylor, it was
#1233-79 RESOLVED, that having considered the report and recommendation of
the Department of Law, dated December 7, 1979, approved by the City
Planner and approved for submission by the Mayor, the Council does hereby
authorize the execution of the attached Stipulation for Consent Judgment
and the entry of Consent Judgment in Wayne County Circuit Court Civil
Action #76-615-973-CE, entitled Ann Arbor Trail Associates vs City of
Livonia, Michigan.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Taylor, Raymond and McCann.
NAYS. Nash and Bennett.
The President declared the resolution adopted.
By Councilman Nash, seconded by Councilman Bennett, it was
#1234-79 RESOLVED, that having considered the report and recommendation of
the Chief Inspector, Director of Public Works and the Finance Director,
dated December 7, 1979, approved for submission by the Mayor, the Council
18272
does hereby authorize the Mayor and City Clerk for and on behalf of the
City of Livonia to execute a contract with Sarko Equipment, Inc. , 4440
Wyoming, Dearborn, Michigan, for the demolition of two (2) industrial
buildings located at 19941 Deering and 20003 St. Francis, for a total price
in the amount of $4,500.00 ($2,250.00 per building), the same to be
appropriated and expended from the Unexpended Fund Balance Account, the
Council having determined in this regard to authorize the demolition of the
said buildings; FURTHER, the Council does hereby determine to authorize the
said contract without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance with the
provisions set forth in Section 2-213 (d) (4) and (5) of the Livonia Code
of Ordinances, as amended.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Taylor, it was
#1235-79 RESOLVED, that having considered the report and recommendation of
the Committee of the Whole, in connection with a communication from the
City Clerk, dated October 12, 1979, which transmits a resolution adopted
by the Election Commission on October 8, 1979, wherein it is requested
that the Council approve the purchase of equipment necessary to implement
an electronic voting and registration system for use in the 1980 elections,
as well as to appropriate the necessary funds in this regard, the Council
does hereby determine to authorize the City Clerk to do all things
necessary or incidental to put in place the said electronic voting and
registration system and for this purpose does hereby authorize the purchase
of the following described equipment and services from Computer Election
Systems, Berkeley, California, for the sum of $190,500.00:
Qty. Description Unit Cost Extended Cost
330 Model IIIA VOTOMATICS $ 300.00 $ 99,000.00
40 Model 4 Demo Units 70.00 3,150 00
47 Type "D" Transfer Cases 26.50 1,245.00
40 Ballot Boxes 33.50 1,340.00
1 CES Registration/Tabulation
System 80,000.00
1 Supply Kit 575.00
1 Assembly Aid 193.00
1 CO2 Crimper 2,250.00
Equipment Costs $187,753.00
Installation Wiring and Hookup, development
of forms, and miscellaneous expense estimated 2,747.00
S190,500.00
18273
L FURTHER, the Council does hereby determine that the financing of the afore-
said purchase in the amount of $190,500 00 shall be provided for by the
issuance of Certificates of Indebtedness over a ten year period; FURTHER,
the Council does hereby determine to authorize the said purchase without
competitive bidding for the reasons indicated by the City Clerk, 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 to do all things necessary or
incidental to the full performance of this resolution.
A roll call vote was taken •n the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
The communication dated December 12, 1979 from the Local Officers
Compensation Commission with respect to establishing salaries of Elected Officials,
for terms of office beginning January 1, 1980, was received and filed for the
information of the Council.
LBy Councilman Ventura, seconded by Councilman Bennett, and unanimously
adopted, this 920th Regular Meeting of the Council of the City of Livonia was duly
adjourned at 9:25 P. M., December 12, 1979
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ADDISON W. $ 0f1', CI CLERK
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