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HomeMy WebLinkAboutCOUNCIL MINUTES 1979-12-19 18274 MINUTES OF THE NINE HUNDRED AND TWENTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 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 8:15 P. M. . Councilman Bishop delivered the invocation. 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. Absent--None. 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; Robert E. Osborn, Director of Public Works; Jack Dodge, Director of Finance; John Nagy, City Planner; Russell Gronevelt, Superintendent of Public Service Division; Ronald Mardiros, City Assessor, Esther Friedrichs, Planning Commission; and Fernon Feenstra of the Zoning Board of Appeals. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1236-79 RESOLVED, that the minutes of the 920th Regular Meeting of the Council of the City of Livonia, held December 12, 1979, are hereby approved. The following resolution was unanimously introduced, supported and adopted: #1237-79 WHEREAS, John J. Bunk has been a member of the Livonia Fire Department for 25 years; and WHEREAS, he has served as Chief of the Department for the past 7 years; and WHEREAS, during his tenure as Chief, the Department has experi- enced a dramatic growth in its facilities, personnel, and equipment; and WHEREAS, he has continuously developed training programs for the Department, including the highly successful Emergency Medical Services Program in cooperation with Madonna College; and WHEREAS, in addition to his duties as Fire Chief, he has served as President of the Michigan Fire Inspectors Society, President of the Southeastern Michigan Fire Chiefs Association, Chairman of the Fire Services Advisory Committee to the State Building Code Commission, member of the International Fire Chiefs Association Arson Committee, and member of the Advisory Committee of Madonna College; and 18275 WHEREAS, the loyalty, devotion to duty and professional competence which he has exhibited through the years are in the finest tradition of the Livonia Fire Department; and WHEREAS, he has always been held in the highest esteem by his friends and colleagues, 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 John J. Bunk for his years of devoted service to this City and to extend to him and his farily our best wishes for a long and happy retirement. By Councilman Nash, seconded by Councilman Taylor, it was #1238-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated November 20, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Wm. F. Sell & Son, Inc., 16555 S. Telegraph Road, Taylor, Michigan 48180, for supplying the City (Public Service Division -- Equipment Maintenance Section) with two Front-Mount Tractor Brooms for a total price of $3953.32, the same hav- ing been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Taylor, Bennett,•'.Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #1239-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated November 20, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Midwest Epoke, 2711R Lance Drive, Dayton, Ohio 45409, for supplying the City (Public Service Divi- sion--Equipment Maintenance Section) with one Tow-Behind Material Spreader for a total price of $3995.00, the same having been in fact the lowest and only bid received and meets specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Taylor, Bennett, Raymond and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Bishop and unanimously adopted, it was 18276 01240-79 RESOLVED, that having considered a communication from the Fire Chief, dated November 29, 1979, approved by the Director of Public Safety-Fire and the Finance Director and approved for submission by the Mayor Pro Tem, and which submits certain bids for repairing and updating five (5) Seagrave Pumpers, and having also considered a communication from the Department of Law, dated December 11, 1979, wherein it is indicated that proceeds from the 1968 G.O. Fire Station Bond Issue may not be used with respect to this item, the Council does hereby determine to refer the same back to the Fire Chief for a report and recommendation on available, alternative methods of financing, if auch there may be. By Councilman Ventura, seconded by Councilman Taylor, it was #1241-79 RESOLVED, that having considered a communication from the Director of Finance, dated November 29, 1979, approved for submission by the Mayor Pro Tem, with regard to the purchase of diesel fuel, the Council does hereby determine to authorize the purchase of said diesel fuel from the City's Diesel Fuel supplier, D & W Oil Company, effective November 16, 1979, for the Unit Price of 75.7 cents per gallon, said price being made in accordance with Federal Government Regulations; further, the Council does hereby determine to authorize 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 Ru 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: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Ventura, it was #1242-79 RESOLVED, that having considered a communication from the Director of Finance, dated November 29, 1979,approved for submission by the Mayor Pro Tem, the Council does hereby determine to authorize the purchase of gasoline from Texaco, Inc., effective November 17, 1979, at the following unit prices: Regular - Less than 4,000 Gals. .809/Gal. Regular - More than 4,000 Gals. .755/Gal. Lead Free - Less than 4,000 Gals. .8545/Gal. Lead Free - More than 4,000 Gals. .7975 Gal. said prices being made in acnordance 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 provi- sions 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. 18277 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #1243-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated November 15, 1979,which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, and the attached final estimate dated November 9, 1979, the Council does hereby authorize final payment in the amount of $2137.30 to Harold Thomas Nursery, Inc. , 14925 Middlebelt Road, Livonia, Michigan 48154, which sum includes the full and complete balance due on a contract dated April 9, 1979 in the amount of $20,100 00, the actual contract amount completed to date being $21,373.00, in connection with the 1979 Street Tree Planting Program, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications and that the necessary contractor's affidavit, maintenance and guaranty bond have been filed; 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: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #1244-79 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 16, 1979, and the report and recommendation of the Chief of Police, dated November 28, 1979, in connection therewith, the Council does hereby determine that it has no objection to and does recommend approval of the request from In "N" Out Food Stores, Inc. , for a new SDM License to be located at the S.W. corner of Newburgh and Ann Arbor Trail, Livonia, Wayne County, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolu- tion 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: Bishop. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Nash, it was 18278 #1245-79 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 5, 1979, and the report and recommendation of the Chief of Police, dated December 3, 1979, in connection therewith, the Council does hereby determine that it has no objection to and does recommend approval of the request from Arbor Drugs, Inc , for a new SDM License to be located at 29583 West Five Mile Road, Livonia, Wayne County, Michigan, 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: Bishop and Bennett. The President declared the resolution adopted By Councilman Nash, seconded by Councilman Taylor, it was #1246-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 28, 1979, approved by the Director of Public Works and approved for submission by the Mayor Pro Tem, the Council does hereby authorize the release to Ager Building Company, 27620 Farmingto law Road, Farmington Hills, Michigan 48018, the proprietor of the Compton Square Estates Subdivision, located in the South 1/2 of Section 24, the financial assurances previously deposited with the City relating to the General Improvement Bond in the amount of $19,000 00; the Sidewalk Bond in the amount of $22,400 00, the Grading and Soil Erosion Control Bond in the amount of $6,000.00; and the cash escrow payment to insure the installation of survey monuments and lot markers in the amount of $2,270.00, previously filed with the City pursuant to Council Resolution 803-75 adopted on September 24, 1975, and subsequently amended by Council Resolutions 97-76 and 6-77, and the action herein is 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 regula- tions and ordinances of the City of Livonia; 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: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann. NAYS: None By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #1247-79 RESOLVED, that the Council having considered a communication from the City Engineer, dated November 20, 1979, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the installation of paving and drainage on a proposed east-west Industrial Road between Merriman and Hubbard and on Hubbard between the 18279 proposed Industrial Road and the I-96 South Service Road in the North 1/2 of Section 27, 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 29, 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 28, 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 Ventura, seconded by Councilman Nash, and unanimously lowadopted, it was #1248-79 RESOLVED, that the Council having considered a communication from the City Engineer, dated November 20, 1979, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the installation of a water main in connection with the paving and drainage of a proposed east-west Industrial Road between Merriman and Hubbard and on Hubbard between the proposed Industrial Road and the I-96 South Service Road in the North 1/2 of Section 27, 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 29, 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 28, 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. 18280 By Councilman Taylor, seconded by Councilman Ventura, it was #1249-79 RESOLVED, that having considered a communication from the City Engineer, dated November 16, 1979, approved by the Director of Public Works and approved for submission by the Mayor, concerning improvement of drive- way approaches at the following locations: SUBDIVISION: Argonne Annex PARCEL NO. 01c21 01c51 O1c54 O1c80 01c90 01c91 01c92 01c106 SUBDIVISION: Argonne old39 Old43 O1d59 o1d64 old8o 01d81 o1d85 01d98 o1d99 oldlo8 O1d112 01H113 18281 SUBDIVISION: Argonne (Cont. ) PARCEL NO. 01d119 Old)22 01d138 01d145 O1d147 01d157 01d163 01d169 01d175 01d176 OId181 O1d182 01d184 oid186 o1d187 Old189 O1d201 01d208 01d215 O1d217 O1d220 O1d221 O1d222 O1d229 O1d234 01d250 18282 SUBDIVISION: Argonne (Cont. ) PARCEL NO. O1d253 O1d256 O1d257 O1d262 O1d265 old278 oid286 O1d294 01d297 01d298 old309b-310 lb. old3lo old318 014321 01d322 O1d333 o1d337 o1d338-339a o1d364-365 Old378 o1d385 old392 o1d415 014419 old43O-431 O1d437 18283 Lis SUBDIVISION: Argonne (Cont. ) PARCEL NO. Old441 old442 old452 old459 old461-462 old467 old47o old491 old495 SUBDIVISION: Botsford Park L 01j40 01j74b,75,76a 01j104 01j157 01j182 01j185,186 01j187,188,189 01j236 Olj 257 01j258 01j299 01j301,302 01j303,304 L01j403 01j417,418 01j478 18284 SUBDIVISION: Botsford Park (Cont ) PARCEL NO. 01508 SUBDIVISION: Schanhite's Marquette Manor 25b1 25b15 to 24 25b40 25b84,85 25b156b,157a 25b157b,158a 25b158b,159a 25b174 25b193,194 25b235 25b242 25b252b,253 25b254 25b255 25b272,273a 25b281 25b311b,312a 25b313,314a 25b324 25b326 25b328 25b337,338a 25b370,371 25b372 18285 SUBDIVISION: Schanhite's Marquette Manor (Cont. ) PARCEL NO. 25b373 25b374 25b375 25b384 25b386 25b402,403 25b412 25b421b,422,423a 25b468 25b470 26A1b2b1,A2a1 SUBDIVISION: Joy Road. Cozy Homesites PARCEL NO. 36d3 36d10 36d13 36d20 36d27 36d28 36d30 36d31 36d34 36d39 366.9 36d53 18286 PARCEL NO. 01Z 37a 012382 08Jlbl 0811 08H1a,H2b3 o8H2b, 2a1 04A16b2 04B29 04B30 28D30al 28D31a 28D32a 28D33a1 28D33b1 28D34a and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to above to construct and install drive approaches at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to the Livonia Code of Ordinances, as amended, Title 5, Chapter 1, Section 5-137; and FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said driveway approaches on or before July 1, 1980 after which date the Engineering Division shall arrange for the construction of the said driveway approaches A roll call vote was taken on the foregoing resolution with the following result: AYES. Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was 18287 lir #1250-79 RESOLVED, that having considered a communication from the President of the Livonia Fire Fighters Association, Local No. 1164, dated October 18, 1979, wherein it is alleged that the Selective Mutual Emergency Fire Aid Pact between Redford Township and the City of Livonia has been violated, and having also considered a communication from the Redford Township Supervisor, dated October 25, 1979, wherein these allegations are denied, and having also considered a communication from the Fire Chief, dated November 28, 1979, approved by the Director of Public Safety-Fire, and approved for submission by the Mayor, submitted pursuant to CR-1095-79, the Council does hereby determine to take no further action with respect to this matter in accordance with the recommendation of the Fire Chief. By Councilman Ventura, seconded by Councilman Taylor, it was #1251-79 RESOLVED, that having considered a communication from the City Planner, dated November 29, 1979, submitted pursuant to Council Resolution 650-79, with regard to the question of whether or not certain vacant property available on Seven Mile Road in the vicinity of Deering and Floral Avenues would be suitable and appropriate for rezoning in order to provide sufficient off-street parking for existing businesses located in the area, the Council does hereby request the Department of Public Works to install barricade on property line, as extended, between Lots 19 and 20, Sunningdale Park Subdivision, in the N.E. 1/4 of Section 12, for the full width of the public alley adjacent thereto, together with the posting of appropriate warning signs at the Floral Avenue and Deering Avenue entrances to said alley. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, and unanimously adopted, it was #1252-79 RESOLVED, that having considered a communication from the Department of Law, dated June 22, 1979, submitted pursuant to Council Resolution 509-79, which transmits a proposed amendment to the Vacating Ordinance with respect to Petition 78-8-3-8 for the vacating of a public alley between Deering and Floral Avenues in Section 12, which proposed ordinance was given its first reading by Councilman Ventura on June 20, 1979, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report end recommendation. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #1253-79 RESOLVED, that having considered a communication from First Federal Savings and Loan Association of Detroit, dated December 3, 1979, wherein a request is made for the vacating of a 20 foot wide public alley located immediately south of Plymouth Road between Arden Avenue and Merriman Road, the Council does hereby determine to refer the same to the 18288 City Planning Commission for action and recommendation, in accordance with provisions of law and City ordinance. By Councilman Ventura, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication from the City Planning Commission, dated November 27, 1979, which sets forth its resolu- tion #11-229-79 adopted on November 13, 1979 with regard to a request from Lindhout Associates for an extension of the approval of Petition 78-8-8-29 submitted by Lindhout Associates relative to a waiver use approval pre- viously granted in Council Resolution 915-78 adopted on October 11, 1978 to construct a professional office complex on the west side of Farmington Road between Lyndon and Five Mile Road in Section 21, 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 grant the requested extension for a one year period, subject to compliance with the conditions set forth in Council Resolution 915-78. A roll call vote was taken on the foregoing resolution with the following result- AYES. Bishop, Bennett and McCann. NAYS: Ventura, Nash, Taylor and Raymond. The President declared the resolution DENIED. By Councilman Raymond, seconded by Councilman Bishop, it was RESOLVED, that the Council does hereby determine to reconsider its action taken in the foregoing resolution, which denied an extension for a site plan to construct professional office complex on west side of Farmington Road. A roll call vote was taken on the motion to reconsider with the following result AYES: Bishop, Nash, Raymond, Bennett and McCann NAYS: Ventura and Taylor. The President declared the motion to reconsider adopted. By Councilman Raymond, seconded by Councilman Bishop, it was RESOLVED, that the Council does hereby determine to amend the principal resolution so as to delete the name of Lindhout Associates in two (2) places and insert therein the words "Leonard L Veatch, D.D S." A roll call vote was taken on the foregoing amendment with the following result. AYES: Bishop, Nash, Raymond, Bennett and McCann. NAYS: Ventura and Taylor The President declared the motion adopted 18289 A roll call vote was taken on the resolution as amended as follows: #1254-79 RESOLVED, that having considered a communication from the City Planning Commission, dated November 27, 1979, which sets forth its resolu- tion #11-229-79 adopted on November 13, 1979 with regard to a request from Leonard L. Veatch, D.D.S. for an extension of the approval of Petition 78-8-8-29 submitted by Leonard L Veatch, D D S relative to a waiver use approval previously granted in Council Resolution 915-78 adopted on October 11, 1978 to construct a professional office complex on the west side of Farmington Road between Lyndon and Five Mile Road in Section 21, 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 grant the requested extension for a one year period, subject to compliance with the conditions set forth in Council Resolution 915-78. with the following result: AYES: Bishop, Raymond, Bennett and McCann. NAYS: Ventura, Nash and Taylor. The President declared the resolution, as amended, adopted. By Councilman Nash, seconded by Councilman Bishop, it was #1255-79 WHEREAS, the City of Livonia finds that there is an urgent necessity to acquire certain temporary easements for the purpose of accommodating a temporary Chesapeake and Ohio Railroad run-around track to be located east and west of Newburgh Road, south of the Chesapeake and Ohio Railroad tracks, between Plymouth Road and the I-96 Expressway (Schoolcraft Road) in Section 29, in the City of Livonia, Wayne County, Michigan as well as certain right-of-way required for: (a) the construction of a service road to provide access to Newburgh Road for properties located immediately adjacent to the existing C & 0 Railroad right-of-way and (b) for maintenanc, of the C & 0 railroad track, said right-of-way being located on the west side of Newburgh Road, south of the Chesapeake and Ohio Railroad tracks, between Plymouth Road and the I-96 Expressway (Schoolcraft Road) in Section 29, in the City of Livonia, Wayne County, Michigan; and WHEREAS, the Council finds that it is necessary to acquire certain temporary easements as well as right-of-way in the aforementioned Section 29 for highway improvement, to facilitate the flow of traffic and to alleviate traffic congestion as a matter of public safety and conven- ience, and to promote the public welfare generally; and WHEREAS, the Council further finds that the conveyance of certain private property, as further described hereinafter, is indispensable to the necessary construction of a grade separation at Newburgh Road and the Chesapeake and Ohio Railroad tracks between Plymouth Road and the I-96 Expressway (Schoolcraft Road); and WHEREAS, the City Engineer has recommended that a grade separation be constructed on Newburgh Road at the Chesapeake and Ohio Rail- road tracks as a highway improvement in order to facilitate the flow of traffic and to alleviate traffic congestion, as part of the 7.9 million 18290 dollar general obligation road improvement bond issue approved by the electorate of the City in 1977; and WHEREAS, Newburgh Road from Joy Road to Eight Mile Road, in the City of Livonia, is a City road under the jurisdiction and control of the City of Livonia and is incorporated in the Master Plan of the City of Livon. as part of the Master Thoroughfare Plan, having been incorporated in said Master Thoroughfare Plan by a resolution of the City Planning Commission adopted on April 19, 1951, NOW, THEREFORE, BE IT RESOLVED that this Council for the City of Livonia, Wayne County, Michigan, hereby declares that the acquisition of certain temporary easements on and over certain private property as well as certain right-of-way, all as hereinafter described, is necessary for the construction of a grade separation to be constructed on Newburgh Road at th' Chesapeake and Ohio Railroad tracks between Plymouth Road and the I-96 Expressway, (Schoolcraft Road) which grade separation is necessary as a public improvement for the use and benefit of the public, for the purposes of its incorporation, for a public purpose within the scope of its power, and that good faith offers to acquire said temporary easements and to purchase said right-of-way have been made; and BE IT FURTHER RESOLVED, that this Council does hereby declare that it determines it necessary to take temporary easements on and over private property as well as a certain right-of-way, upon just compensation to be paid therefor for such improvement, the said properties necessary for the construction of a grade separation on Newburgh Road at the Chesapeake and Ohio Railroad tracks between Plymouth Road and the I-96 Expressway (Schoolcraft Road), and the just compensation for same being as follows: (1) That part of Lots 4 and 5, Currie Court Industrial Subdivision, as recorded in Liber 96, Pages 71 and 72, Wayne County Records, said subdivision being part of the N.W. 1/4 of Section 29, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, being more particularly described as beginning at the northwest corner of Lot 4 of said Subdivision and proceeding S. 76° 06' 23" E. along the South line of the Chesapeake and Ohio Railroad Right-of-Way, 270.0 feet; thence N 86° 46' 33" W. , 266.47 feet; thence N. 04° 31' 54" E. along the East line of Newburgh Road, 50 0 feet to the point of beginning. (Containing approximate) 0.15 acres) . Interested Party: A. W. Miller, Inc. 2531 Conner Avenue Detroit, Michigan 48215 Estate or Interest to be taken: Temporary easement in and over real property. Subject to delinquent taxes in accordance with Act 270 of tilt. Public Acts of 1931 and the prorating of taxes in accordance with provisions of Act 288 of the Public Acts of 1966. Estimated just compensation: $2,500.00 18291 (2) That part of the N E 1/4 of Section 30, T 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant N 0° 16' 03" E. 864.02 feet and N 75° 27' 28" W. along the Southerly line of the C & O Railroad right-of-way, 123.82 feet from the East 1/4 corner of said Section 30; proceeding thence S 3° 52' 21" E 100.0 feet, thence N 75° 27' 28" W. 220.0 feet; thence N 65° 41' 52" W 463.61 feet; thence N 0° 16' 35" E. 16.81 feet; thence S. 75° 27' 28" E. along said railroad right-of- way, 649.45 feet to the point of beginning. (Containing approximately 1.03 acres) Interested Party: Industrial Chemical Products of Detroit, 12801 Newburgh Road Inc. Livonia, Michigan 48151 Estate or Interest to be taken: Temporary easement in and over real property. Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with provisions of Act 288 of the Public Acts of 1966. Estimated just compensation: $15,600.00. (3) That part of the N E 1/4 of Section 30, T. 1 S. , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant N 89° 29' 37" W. along the E and W. 1/4 line of said Section 30, 749.40 feet and N. 0° 16' 35" E 1034.76 feet from the East 1/4 corner of said Section 30; proceeding thence N 65° 41' 52" W. 96.08 feet to the Southerly line of the C & 0 Railroad right-of-way; thence S. 75° 27' 28" E along said right-of-way line, 90.55 feet, thence S 0° 16' 35" W 16.81 feet to the point of beginning. (Containing approximately 0.02 acres) Interested Party• Price Bros , Incorporated 12651 Newburgh Road Livonia, Michigan 48150 Estate or Interest to be taken. Temporary easement in and over real property. Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with provisions of Act 288 of the Public Acts of 1966. Estimated just compensation: $300.00. (4) That part of the N E. 1/4 of Section 30, T. 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at the East 1/4 corner of Section 30 and proceed- ing thence North 0° 16' 03" E , along the East line of said 18292 Section 30, 564.02 feet; thence North 89° 29' 37" W. , 96.11 feet; thence South 3° 17' 07" E. , 565.25 feet; thence South 89° 29' 37" E., 58.92 feet to the point of beginning. Part of Bureau of Taxation Parcel 30A1a2a Ala3a - 1.017 Acres (Newburgh Road Right-of-way) Interested Party: Price Bros., Incorporated 12651 Newburgh Road Livonia, Michigan 48150 Estate or Interest to be taken: Fee Simple in real property Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with provisions of Act 288 of the Public Acts of 1966. Estimated just compensation: $12,500.00. BE IT FURTHER RESOLVED, that the Department of Law of the City of Livonia be and is hereby authorized and directed to institute and conduct the necessary proceedings on behalf of the City of Livonia in the Circuit Court for the County of Wayne, State of Michigan (that being the county nnoernry u y geoveothipplyutnhtand o tboe acquire by condemnation for the City of Livonia the temporary easements on and over private property as well as the right-of-way hereinbefore describe' for the purpose of construction of a grade separation on Newburgh Road at the Chesapeake and Ohio Railroad tracks, between Plymouth Road and the I-96 Expressway (Schoolcraft Road) as a necessary and authorized public improve- ment, and that said proceedings be brought in accordance with the provision. of Act 295 of the Public Acts of 1966, as amended, being MCLA 213.361, et seq; and BE IT FURTHER RESOLVED, that the Council does hereby authorize th expenditure of a sum not to exceed thirty thousand nine hundred and 00/100 dollars ($30,900.00) for acquisition costs and, further, the Council does hereby authorize the expenditure of a sum not to exceed two thousand and 00/100 dollars ($2,000.00) as the City's portion of the prorated City, County, County Drain, School and Community College tax in connection with the aforesaid right-of-way, the same to be prorated as of the date of closing, and further, the Council does hereby authorize the payment of the aforesaid sums from the 7.9 million dollar General Obligation Road Improve- ment Bond Issue as compensation to be paid to the subject property owners in connection with this project; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution, and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to affix their signatures to a Declaration of Taking in order to carry out the provisions of this Resolution and Statement of Necessity. A roll cp1] vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann. NAYS: None. 18293 L By Councilman Bennett, seconded by Councilman Ventura, it was #1256-79 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated December 4, 1979, submitted pursuant to Council Resolution 441-74, in connection with a communication from the Department of Law, dated May 24, 1974 which submits a proposed amendment to Section 8-225 of the Livonia Code of Ordinances, relative to abusive language, the Council does hereby determine to take no further action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond and Bennett. NAYS: Bishop and McCann. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #1257-79 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated December 4, 1979, submitted pursuant to Council Resolution 1112-79, in connection with a communication from the City Planning Commission, dated August 21, 1979, which sets forth its resolution 8-138-79, adopted on August 7, 1979, with regard to Petition 79-6-6-3, submitted by the City Planning Commission with regard to an L amendment to the Zoning Ordinance which incorporates regulations to prohibit the sale of vehicles or merchandise on parking lots, 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 determine to refer the proposed amendment of Section 18 37 of the Zoning Ordinance to the Law Department for its review, and to request a review of Section 6-166 (o) of the Traffic Ordinance, for its subsequent report and recommendation for amendment of either or both ordinances to effectuate a control regarding the sale of vehicles or merchandise on parking lots. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING ARTICLE 1 TITLE 3, CHAPTER 4 (ANIMALS AND FOWL) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, IS HEREBY AMENDED BY ADDING SECTION 3-401 (a) THERETO. 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. LThe above Ordinance was placed on the table and will be considered at the Regular Meeting to be held January 16, 1980 By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was 18294 #1258-79 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated December 4, 1979, submitted pursuant to Council Resolution 285-77, in connection with a proposed amendment to the Retirement Plan Ordinance submitted by the Department of Law, dated March 7, 1977, with regard to employee's disability compensation to be deducted from his disability pension, the Council does hereby refer this matter to the City's bargaining team and does further request that the Department of Law solicit an opinion from the Attorney General relative to the propriety of enacting the proposed ordinance amendment. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #1259-79 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated December 4, 1979, submitted pursuant to Council Resolution 832-78, in connection with a communication dated June 22, 1978 from the City Planning Commission which sets forth its resolution 6-114-78 with regard to Petition 76-8-6-7 submitted by the City Planning Commission pursuant to Council Resolution 251-78, to amend Section 10.02(b), Permitted Uses, and Section 10 03, Waiver Uses, of Ordinance No. 543, to provide standards for determining the use of bakeries, ice cream stores, etc. , as permitted uses or waiver uses in C-1 Zoning Districts, and the Council having conducted a public hearing with regard to this matter on August 28, 1978, pursuant to Council Resolution 647-78, the Council does hereby refer this matter to the Department of Law for the preparation of th proposed amendment as it relates to Section 10.03, with the changes recommended by the Legislative Committee, FURTHER, the Council does hereby determine to take no further action with regard to that portion of the proposed ordinance amendment which relates to Section 10.02, Permitted Uses. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #1260-79 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated December 4, 1979, the Council does hereby request that the Planning Department, the Building Department and the City Clerk submit their respective reports and recommendations with regard to the matter of food service establishments and possible amendments to the Zoning Ordinance and/or the Licensing Ordinance in connection therewith. By Councilman Raymond, seconded by Councilman Taylor, and unanimously adopted, it was #1261-79 RESOLVED, that the Council having considered a communication from the City Engineer, dated November 26, 1979, approved by the Director of Public Works and approved for submission by the Mayor Pro Tem, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed street improvement in Storm & Fowlers Country Crest and Elmwood Farms Subdivisions in the N.E. 1/4 of Section 2, 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 18295 parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifica- tions 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 recommend tions have been properly filed by the City Engineer with the City Clerk under date of December 7, 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 28, 1980, at 8.00 P.M., as the date and time for a Public Hearing on the NECESSITY for such improvement which public hearing shall be held before the Council in the City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publica tion of such hearing as is required by Section 2-507 of said Code By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #1262-79 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 28, 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 No. 79-8-1-26, submitted by Jose and Stella Evangelista for a change of zoning of property located on the west side of Parkville Avenue between Seven Mile Road and Vassar in the Southwest 1/4 of Section 1, from P to R-1, the City Planning Commission having in its resolution #12-244-79 recommended to the City Council that Petition 79-8-1-26 be approved; 2. Petition No 79-10-1-35, submitted by the City Planning Commission, pursuant to Council Resolution 1019-79, for a change of zoning of property located on the east side of Filmore south of Seven Mile Road in the Northeast 1/4 of Section 9, from C-2 to R-3, the City Planning Commission having in its resolution #12-233-79 recommended to the City Council that Petition 79-10-1-35 be approved, 3. Petition No. 79-10-1-36, submitted by the City Planning Commission for a change of zoning of property located on the west side of Farmington Road, south of Plymouth Road, in the Northeast 1/4 of Section 33, from C-2 to P.S , the City Planning Commission having in its resolution #12-234-79 recommended to the City Council that Petition 79-10-1-36 be approved, 18296 4. Petition No 79-10-1-38, submitted by Ernest A Ajluni for a change of zoning of property located on the west side of Farmington Road, south of Clarita in the Northeast 1/4 of Section 9, from R-3 to P.S. , the City Planning Commission having in its resolution #12-235-79 recommended to the City Council that Petition 79-10-1-38 be approved; 5. Petition No. 79-11-1-39, submitted by the City Planning Commission, pursuant to Council Resolution 1021-79, for a change of zoning of property located north of Joy Road between Thorpe Drive and Deering Avenue in the Southeast 1/4 of Section 36, from C-2 to RUF, the City Planning Commission having in its resolution #12-236-79 recommended to the City Council that Petition 79-11-1-39 be approved; 6. Petition No. 79-11-1-40, submitted by the City Planning Commission for a change of zoning of property located on the west side of Hix Road, south of Lyndon Avenue, in the Southwest 1/4 of Section 19, from P.L. to R-1 and R-1 to P.L. , the City Planning Commission having in its resolution #12-237-79 recommended to the City Council that Petition 79-11-1-40 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 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 railroad 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 Nash, seconded by Councilman Bennett, it was #1263-79 RESOLVED, that having considered a communication from the Mayor, dated December 10, 1979, wherein it is recommended that Section 23 of the City's contract with SEMTA be amended so as to provide for a total subsidy of "$90,000.00" in lieu of "$60,000.00" and that Section 23 in the contract with Northwest Transport be revised so as to permit a payment of "$83,000.00 in lieu of "$53,000 00" and that the limitation of monthly payments to $4,000.00 be deleted, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed contract amendments in the manner and form herein referred to, as well as to do all other things necessary or incidental to the full performance of this resolution; and the Department of Law is hereby requested to prepare the subject contract amendments as herein authorized. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann NAYS: None. 18297 By Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #1264-79 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 10, 1979, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council, for and on behalf of the City of Livonia, does hereby determine to accept a gift in the amount of $375.00 from Great Lakes Sand Company and takes this means to indicate its sincere appreciation to Great Lakes Sand Company for this fine and generous gift By Councilman Taylor, seconded by Councilman Bennett, it was #1265-79 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 12, 1979, submitted pursuant to Council Resolution 1150-79, with regard to a letter from the Michigan Liquor Control Commission, dated August 8, 1979, and the report and recommendation of the Chief of Police, dated October 24, 1979, in connec- tion 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 take this means to advise the Liquor Control Commission that the City Council denies the said request and would not recommend that this transfer of ownership be approved by the Michigan Liquor Control Commission, for the following reasons. 1) The conditions of approval of Waiver Use Petition 77-6-2-11 for the establishment of the above referenced Class C liquor license as recommended by the Planning Commission on January 30, 1978 in Resolu- tion #1-8-78 and approved by the City Council on March 1, 1978 in Resolution #171-78 have not been fully adhered to, which conditions read as follows. Condition #1: that the Site Plan, revised date 1/12/78, which is hereby approved, shall be adhered to; Condition #2: that Building Elevation Plan #77-48, Sheet P-1 dated 12/2/77, prepared by Shiels Associates, Architects, which is hereby approved, shall be adhered to, Condition #3. that all landscape materials as shown on the approved Site Plan shall be installed on the site by June 1, 1978 and thereafter permanently maintained in a healthy condition 2) The petitioner has verbally indicated that he has no intention of fulfilling the conditions as stated above and the City Clerk is hereby directed 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. 18298 AYES: Bishop, Ventura, Nash, Taylor, *Raymond, Bennett and McCann. LNAYS: None. *Councilman Raymond made the following statement: My 'yes' vote for denial of this transfer is because of the information received that the petitioners have indicated no intention of fulfilling the conditions set forth in the granting of this license, and for no other reason. By Councilman Ventura, seconded by Councilman Bennett, it was #1266-79 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 12, 1979, submitted pursuant to Council Resolution 859-79, in connection with a communication from the Planning Director, dated July 19, 1979, with regard to compliance or noncompliance with the conditions of approval as recommended by the Planning Commission and approved by the City Council in Council Resolution 171-78, adopted on March 1, 1978, in crnnection with Petition 77-6-2-10 and Petition 77-6-2-11 with respect to the Class "C" Liquor License for Albert R and Irma Lemieux, and the waiver use approval for the establishment known as Ladd's Restaurant, located at 15231 Farmington Road, Livonia, Michigan, the Council does hereby determine to rescind and repeal Council Resolution 171-78 with respect to waiver use approval of a Class C Liquor Licensed establishment, for the following reasons: 1) The conditions of approval of Waiver Use Petition 77-6-2-11 for the establishment of the above referenced Class C liquor license as recommended by the Planning Commission on January 30, 1978 in Resolution #1-8-78 and approved by the City Council on March 1, 1978 in Resolution #171-78 have not been fully adhered to, which conditions read as follows: Condition #1: that the Site Plan, revised date 1/12/78, which is hereby approved, shall be adhered to; Condition #2: that Building Elevation Plan #77-48, Sheet P-1, dated 12/2/77, prepared by Shiels Associates, Architects, which is hereby approved, shall be adhered to, Condition #3: that all landscape materials as shown vn the approved Site Plan shall be installed on the site by June 1, 1978 and thereafter permanently maintained in a healthy condition. 2) The petitioner has verbally indicated that he has no intention of fulfilling the conditions as stated above. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Taylor, Bennett and McCann NAYS: Nash and Raymond The President declared the resolution adopted. 18299 By Councilman Ventura, seconded by Councilman Bishop, it was #1267-79 RESOLVED, that the Council of the City of Livonia hereby requests that the Michigan Liquor Control Commission not renew the Class C Liquor License granted to Albert R. and Irma L Lemieux, in Council Resolution No. 691-77, adopted on July 13, 1977, located at 15231 Farmington Road, Livonia, Michigan, inasmuch as the waiver use approval required under the Zoning Ordinance in order to operate a Class "C" establishment in Livonia was rescinded in CR-1266-79; 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: Bishop, Ventura, Taylor, Bennett and McCann. NAYS: Nash and Raymond. The President declared the resolution adopted Councilman Ventura took from the table, for second reading and adoption the following Ordinance AN ORDINANCE VACATING PORTIONS OF Imo STREET, ALLEY AND PUBLIC GROUND. (Petition 79-9-3-10) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. *The President was excused at 9:01 P M and relinquished the Chair to the Vice-President Councilman Taylor took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY imw OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. (Re. Petition 79-6-1-18 FOR CHANGE OF ZONING FROM P.L. TO R-1) A roll call vote was taken on the foregoing Ordinance with the following result 18300 AYES: Bishop, Ventura, Nash, Taylor, Raymond and Bennett. NAYS: None. The Vice-President declared the foregoing Ordinance duly adopted, and would become effective on publication. *The President resumed the Chair at 9:02 P M 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 78-9-3-12) A roll call vote was taken on the foregoing Ordinance with the following result• AYES: Bishop, 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 Bishop, it was #1268-79 RESOLVED, that having considered a communication dated December 13, 1979 from the Department of Law transmitting for Council acceptance a Grant of Easement dated December 7, 1979, executed by Terrence A. O'Brien and Ruthanne O'Brien, his wife, and Kenneth L O 'Brien and Sheryl J O'Brien his wife; and William Schwartz, President of the Essex Land Company convey- ing: The West three (3) feet of the following parcels of land: Lots 90, 91, 92, and the South 15 ft of Lot 93, "B.E Taylor's Como Lake Subdivision," as recorded in Liber 60, Page 67, Wayne County Records, said subdivision lying South of Grand River Avenue, being part of the N. E 1/1. of Section 21i, T 1 S , R. 9 E , Livonia Township (now City of Livonia), Wayne County, Michigan. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid 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 resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: 18301 AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann NAYS: None. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #1269-79 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. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 11 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 79-8-1-25 FOR CHANGE OF ZONING FROM R-1-A AND R-5 TO C-l. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Nash, seconded by Councilman Taylor, it was #1270-79 RESOLVED, that having considered a communication from the Director of Finance, dated December 13, 1979, approved for submission by the Mayor, to which is attached a letter from R L. Jones & Associates, Inc. , dated December 3, 1979, with respect to a renewal of the City's insurance coverage for total insurance premiums in the amount of $468,822, which new 1980 coverage is summarized as follows: Policy Premium Amount Comprehensive General Liability - $500,000 $ 150,082 Umbrella First $1,000,000 45,000 Next 3,500,000 Next 5,000,000 8,643 Commercial Fleet 11+8,369 Property & Related Coverage 67,405 Fidelity Bond 2,633 18302 Police Professional Liability 1980 - $500,000 - Plus Umbrella 28,535 Public Officials Liability 1980 - $300,000 - Plus Umbrella 14,442 Boiler 3,713 Total $468,822 the Council does hereby authorize the implementation of the said insurance policies, as detailed herein, as well as authorize the related payment of the subject premium in the amount of $468,822 to the City's insurance agent, R L Jones & Associates, Inc. , for this purpose, FURTHER, the Council does hereby allocate the total insurance premium costs to the following budgeted funds: General Fund $385,841 Silver Village Fund 5,381 Refuse Fund 13,600 Water & Sewer Fund 64,000 Total $468,822 and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #1271-79 RESOLVED, that the City Council requests representatives of Ralls, Hamill Architects, Inc., R. E Dailey & Co. , DiClemente, Siegel Engineering Inc. , the Director of Public Works, and the City Engineer to appear before them at a Committee of the Whole for the purpose of providing a complete report and recommendation concerning the deficiencies and/or the details of operation of the heating system in the new City Hall, methods of resolving these deficiencies, and a deadline date for completion of the corrective measures. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, this 921st Regular Meeting of the Council of the City of Livonia was duly adjourned at 9.20 P. M. , December 19, 1979. -6;10020 ADDIO W. CON, CITY CLERK 18303 MINUTES OF THE NINE HUNDRED AND TWENTY-SECOND MEEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 7, 1980, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and being the first meeting of the new Council following the City Election on November 6, 1979, such meeting being called to order by Addison W. Bacon, City Clerk, at approximately 7:30 P. M. . Councilman Nash delivered the invocation. Roll was called with the following result: Present-- Robert F, Nash, Gerald Taylor, Alice M. Gundersen, Robert E. McCann, Robert D. Bennett, Robert R. Bishop and Peter A. Ventura. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Frances S. Stem, Deputy City Clerk; Harry C. Tatigian, City Attorney; Robert E. Osborn, Director of Public Works, Rudolf R. Kleinert, Director of Public Safety- Fire; Michael Reiser, Director of Civil Defense; Ronald Mardiros, City Assessor; and John Nagy, City Planner. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #1-80 RESOLVED, that Robert D. Bennett is hereby declared to )be President of the Council for the two (2) year period commencing January 1, 1980. Addison W. Bacon, City Clerk, thereupon presented the gavel to the new President, and Mr. Bennett presided over the balance of the meeting. By Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #2-80 RESOLVED, that Robert R. Bishop is hereby declared to be Vice- President of the Council for the two (2) year period commencing January 1, 1980. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #3-80 RESOLVED, that the minutes of the 921st Regular Meeting of the Council of the City of Livonia, held December 19, 1979, are hereby approved. 18304 By Councilman McCann, seconded by Councilman Bishop, and unanimously adopted, it was #4-80 RESOLVED, that pursuant to Chapter 7, Section 2-707 of the Livonia Code of Ordinances, as amended, Councilman Ventura is hereby appointed to the Board of Trustees for the Employees Retirement System. By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #5-80 RESOLVED, that the Council does hereby determine to designate Councilman Robert E. McCann, Councilman, as the City's delegate to the Southeast Michigan Council of Governments, and determines to designate Councilman Robert F. Nash as the City's alternate delegate to the Southeast Michigan Council of Governments. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was # )-80 RESOLVED, that having considered a communication from the City Clerk, dated December 14, 1979, which indicates that the City Clerk did reappoint Frances S. Stem, 11315 Arden, Livonia, Michigan, as Deputy City Clerk, effective January 1, 1980, to serve at the pleasure of the City Clerk, the Council does hereby determine to confirm the said appointment. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #7=80 RESOLVED, that having considered a communication from the City Treasurer, dated January 3, 1980, which indicates that the City Treasurer did appoint Mrs. Dorothy McIntyre, 29115 Clarita, Livonia, Michigan, as Deputy City Treasurer, to serve at the pleasure of the City Treasurer, the Council does hereby determine to confirm the said appointment. By Councilman Bishop, seconded by Councilman Nash, and unanimously adopted, it was #8-80 RESOLVED, that having considered a communication from Robert D. Bennett, Council President dated December 20, 1979, to which is attached a proposed schedule of Council meetings for the months of February through December 1980, the Council does hereby determine to approve and adopt such schedule of meetings, subject to change with proper notice. Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2-401 OF CHAPTER 4 (ELECTION PRECINCTS) OF TITLE 2 OF THE LIVONIA CODE OF ORDI- NANCES, AS AMENDED, OF THE CITY OF LIVONIA. 18305 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 and will be considered at the next Regular Meeting of the Council. By Councilman Bishop, seconded by Councilman McCann, and unanimously adopted, it was #9-80 RESOLVED, that having considered a communication from the Director of Community Resources, dated January 1+, 1980, approved for submission by the Mayor, wherein a request is submitted for the use of the City Hall Auditorium on Sunday, January 27, 1980 at 5:30 P. M. in order to present a Winter Concert entitled "Meadowbrook Estates" in conjunction with the opening of the World War II Smithsonian Exhibit Posters in the lobby, the Council does hereby determine to reserve the use of the City Hall Auditorium on the said occasion in the manner herein requested, such use to be made in strict compliance with such rules and regulations as may henceforth be established and approved by the City Council and sub- ject to the payment of such fee as may be required in this regard. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, this 922nd Regular Meeting of the Council of the City of Livonia was duly adjourned at 7:55 P. M., January 7, 1980. ADDISON W. BACQ CITY CLERK.