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HomeMy WebLinkAboutCOUNCIL MINUTES 1979-04-04 17694 MINUTES OF THE NINE HUNDRED AND FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 4, 1979, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:12 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; John Nagy, City Planner; Jack Dodge, Finance Director, James L Miller, Personnel Director, Frank Kerby, Chief Building Inspector; Captain James Mogan, Police Department, G E Siemert, City Engineer; Ronald Mardiros, City Assessor; Russell Gronevelt, Superintendent of Public Service; Robert Wisler, Administrative Assistant to the Mayor; Robert E. Osborn, Director of Public Works and James P Andres, CETA Program Administrator. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #279-79 RESOLVED, that the minutes of the 903rd Regular Meeting of the Council of the City of Livonia, held March 21, 1979, are hereby approved The communication from the City Clerk dated March 27, 1979 with respect to licensing and regulating of retail food establishments in the City of Livonia, was received and placed on file for the information of the Council The communication from the Director of Finance dated March 20, 1979 transmitting various financial statements of the City of Livonia for the month ending February 28, 1979, was received and placed on file for the information of the Council. Councilman Bennett took from the table, for second reading and adoption, the following Ordinance: 17695 AN ORDINANCE AMENDING SECTION 8-211 OF TITLE 8, CHAPTER 2 (MISDEMEANORS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 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 Councilman Nash took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 78-9-3-11) 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. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 78-11-3-18) 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 Bishop, seconded by Councilman Taylor, it was #280-79 RESOLVED, that having considered the report and recommendation of the Honorable James R. McCann, Judge of the District Court of the 16th Judicial District, dated January 31, 1979, which bears the signature of the Mayor and the Director of Finance, the Council does hereby determine to accept the unit price bid of Curtis 1000, P 0 Box 41, Farmington, Michigan 17696 48018, for supplying the 16th District Court with traffic tickets for the unit price of $50.47/M (total price of $2,523.50), the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Bishop, it was #281-79 RESOLVED, that having considered communications from the Director of Finance, dated March 5, 1979 and March 28, 1979, approved for submission by the Mayor, the Council does hereby determine to authorize the purchase of gasoline from Texaco, Inc. , effective January 27, 1979, February 17, 1979, March 10, 1979, and March 21, 1979 at the following unit prices: 1/27/79 2/17/79 3/10/79 3/21/79 Regular-Less than 4,000 Gals. 547/Gal .557/Gal. .572/Gal. .582/Gal Regular-More than 4,000 Gals 495/Gal .505/Gal. .520/Gal. .530/Gal Lead Free-Less than 4,000 Gals. 5925/Gal .6025/Gal. .6040/Gal .6160/Gal Lead Free-More than 4,000 Gals. 5355/Gal. .5455/Gal. .5470/Gal .5725/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: Bishop, Ventura, Nash, Taylor, *Raymond, Bennett and McCann NAYS: None *Councilman Raymond made the following statement I feel, as I have stated before, that we are paying too much for gasoline By Councilman Bishop, seconded by Councilman Ventura, it was #282-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated March 13, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of Friendship Materials Inc. , 14395 Schaefer, Detroit, Michigan 48227, for supplying the City (Public Service Division - Road Maintenance Section) with Air Entrained Cement for the unit price bid of $2.92 (total estimated bid of $4,380.00), for the period through April 1, 1980, the same having been in fact the lowest bid received and meets all specifications. 17697 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, it was #283-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated March 13, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the unit price bids of Best Concrete Corporation, 30901 Five Mile Road, Livonia, Michigan 48154, for supplying the City (Public Service Division - Road. Maintenance Section) with readymix concrete at the unit prices bid through April 1, 1980, for the estimated total amount of $21,475.00, the same having been in fact the lowest bids received and meet all specifications. 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 Taylor, it was #284-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated March 13, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the unit price bid of La Fave Trucking Inc. , 1859 N Canton Center, Canton, Michigan 48187, for supplying the City (Public Service Division - Road. Maintenance Section) with the following material at the unit prices bid per ton through April 1, 1980, the same having been in fact the lowest bid received and meets all specifications: M D H T. - 21A - D T.Y $3 25 per ton M.D.H.T. - 21A - 5.0 R 3 25 per ton M.D.H.T. - 22A - D T Y 3.10 per ton M.D.H.T. - 22A - S O.R 3 10 per ton W.C.R.C. - 3A - D T Y 6.60 per ton M.D.H.T. - 25A - D T.Y 6.35 per ton M.D.H.T. - 31A D T.Y 6.35 per ton W.C.R.C. - 3X - D T Y 4 05 per ton W.C.R.C. - 22X - D T Y. 3.85 per ton W.C.R.C. - 30A - D T Y 3.99 per ton M.D.H.T. - 9A D T.Y 4 92 per ton M.D.H.T. - 9A - SOR 4.92 per ton M.D.H.T. - 25A - D T.Y. 6.20 per ton W.C.R.C. - Porous Backfill - Grade A - D T Y 2.35 per ton W.C.R.C. - Porous Backfill - Grade B - D T Y 3 ol per ton W.C.R.C. - 2NS - Natural Sand - D T Y 2.96 per ton W.C.R.C. - 2MS - Mortar Sand - D T Y 2.99 per ton 6o-4o Washed - Conc. Aggregates - D T Y 4.50 per ton Pea Gravel - D T Y 2.75 per ton Ohio - No 348 Limestone 4 69 per ton 17698 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 Bennett, it was #285-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated March 13, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of U. S Standard Sign Co , P 0 Box 4005, Toledo, Ohio 43609, for supplying the City (Public Service Division - Sign Maintenance Section) with Traffic Control Posts, at the unit price bid of $5.95 and a total estimated price of $4,760 00, the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann. NAYS: None. By Councilman Nash, Seconded by Councilman Taylor, it was #286-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated March 13, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of U S Standard Sign Co , P 0. Box 4005, Toledo, Ohio 43609, for supplying the City (Public Service Division - Sign Maintenance Section) with Aluminum Sign Blanks at the unit prices bid and for a total estimated price of $7,419 10, the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann NAYS: None. By Councilman Bishop, seconded by Councilman Raymond, it was #287-79 RESOLVED, that the Council does hereby determine to refer the question of signs situated at entrances of the City to the Streets, Roads and Plats Committee for its report and recommendation A roll call vote was taken oil the foregoing resolution with the following result: AYES Bishop, Raymond, Bennett and McCann NAYS: Ventura, Nash and Taylor. The President declared the resolution adopted 17699 By Councilman Nash, seconded by Councilman Taylor, it was #288-79 RESOLVED, that having considered the report and recommendation of the City Engineer and the Chief Building Inspector, dated March 9, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the unit price bid of Bruce Buchholz, 18253 Myron, Livonia, Michigan 48152, for the 1979 Weed Cutting Program for the estimated total cost of $20,000.00, based upon the Engineering Division's estimate of units of work involved, and subject to a final payment based upon the actual units of work completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest and only bid received for this item, and the Council does hereby appropriate an additional S5,000.00 from the Unexpended Fund Balance Account for this purpose, which amount will be reimbursed as bills for weed cutting are collected; and the Director of Public Works is hereby authorized, to approve all minor adjustments in the work as required; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Nash, Taylor, Raymond, Bennett and McCann. NAYS: Bishop The President declared the resolution adopted By Councilman Taylor, seconded by Councilman Ventura, it was #289-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 19, 1979, which bears the signature of the Director of Finance, is approved by the Chairman of the Water and Sewer Board and the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the unit price bid of J & D Excavating, Inc. , P 0 Box 532, Oxford, Michigan 48051, for the Haggerty Road water main relocation (south of Eight Mile Road), for the estimated total cost of 627,501 00, based upon the Engineering Division's estimate of units of work involved, and subject to a final payment based upon the actual units of work completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, and the Council does hereby appropriate a sum not to exceed 527,501 00 from the Water Department Capita Outlay Account for this purpose, and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as required, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann. NAYS* None. 17700 By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, L it was #290-79 RESOLVED, that having considered a communication from the Water and Sewer Board, dated February 21, 1979, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits its resolution WS 2319 2/79 with respect to bids received for a Tractor Loader Backhoe, the Council does hereby determine to reject all bids received in this regard and to authorize the Water and Sewer Board to readvertise and take new bids with respect to this item in accordance with provisions of law and City charter, the action herein being taken for the reasons indicated in the aforesaid communication. By Councilman Nash, seconded by Councilman Raymond, it was #291-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 22, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the unit price bid of Sargent Contracting Company, 2840 Bay Road, Saginaw, Michigan 48605, for the Newburgh Road widening project, Schoolcraft to Six Mile Road, for the estimated total cost of $205,695 25, based upon the Engineering Division's estimate of units of work involved, and subject to a final payment based upon the actual units of work completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received, for this item, and the Council does hereby appropriate a sum not to exceed $205,695 25 from the $7.9 Million General Obligation Road Improvement Bond Issue for this purpose, and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as required; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES. Bishop, Ventura, Nash, maylor, Raymond, Bennett and McCann NAYS. None By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #292-79 RESOLVED, that having considered the communication from the Chief of Police, dated. March 19, 1979, which bears the signature of the Mayor, with respect to the proposed revision of plans which have been prepared for a proposed addition to the Public Safety Building, the Council does hereby determine to refer this item to the Capital Improvement Committee for its report and recommendation. *Councilman Ventura was excused at 8 40 P M 17701 By Councilman Raymond, seconded by Councilman Bishop, it was #293-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 16, 1979, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the construction of the Taco Bell Restaurant located on the west side of Merriman, immediately north of Plymouth Road, in the S E. 1/4 of Section 27, and a request submitted by the Wayne County Road Commission in connec- tion therewith, regarding the construction of a 12-inch storm sewer by the restaurant at their expense, within the Merriman Road right-of-way, the Council does hereby determine to take this means to advise the Board of Wayne County Road Commissioners (Permit Division) of the City of Livonia's willingness to accept jurisdiction and maintenance of a 12-inch storm sewer connection within the Merriman Road right-of-way in connection with the development of the aforesaid Taco Bell restaurant, and further, the Council does authorize the City Engineer to execute a Wayne County Permit for and on behalf of the City of Livonia in connection with said storm sewer construction, as well as to do all other things necessary or inciden- tal to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bishop, Nash, Taylor, Raymond, Bennett and McCann NAYS' None *Councilman Ventura returned at 8.41 P. M By Councilman Taylor, seconded by Councilman Bishop, it was #294-79 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated March 14, 1979, with regard to an application from Gary Lokar, Assistant to the President, on behalf of Win Schuler Restaurants, Inc. of 115 South Eagle Street, Marshall, Michigan 49068, for a new full year Class C license to be located at the southeast corner of Six Mile Road, and South Laurel Park Drive, Livonia, Michigan, Wayne County, 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. 17702 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 appeal 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, 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: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann NAYS* None. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #295-79 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated March 14, 1979, with regard to an application from Mr Hugh Patrick O'Neill of 18360 Levan Road, Livonia, Michigan 48152, for a new full year Class C license to be located at 33605 Plymouth Road, Livonia, Michigan, Wayne County, the Council does ift. hereby determine to refer the same to the Committee of the Whole. By Councilman Taylor, seconded by Councilman Nash, it was #296-79 RESOLVED, that having considered a communication from the Mayor, dated March 7, 1979, submitted pursuant to Section 2-2202 of the Livonia Code of Ordinances with regard to the reappointment by the Mayor of Mr. Mike Magliocco, 36770 Sunnydale, Livonia, Michigan 48154, as a member of the Local Officers Compensation Commission for a term of seven years, which term shall expire on April 2, 1986, the Council does hereby deter- mine to confirm the appointment of Mr Magliocco, and it is hereby further provided that he shall take the Oath of Office as prescribed in Chapter X, section 3, of the City Charter. 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 Bishop, and unanimously adopted, it was #297-79 RESOLVED, that having considered a communication from John and Mary Wiejaczka, Co-directors of the Livonia Walk for Mankind '79, dated March 11, 1979, wherein permission is requested to use City property on Saturday, June 2, 1979, in connection with the annual Walk for Mankind, the Council does hereby determine to authorize and grant the permission as requested herein, subject to approval by the Police Department. 17703 By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #298-79 RESOLVED, that having considered a communication from the Mayor, dated March 9, 1979, in connection with the proposed acquisition of certain property by the City of Livonia from the Livonia Public School District located on the south side of Margareta Drive between Newburgh Road and the 1-275 Freeway, and wherein it is recommended that the City sell certain acreage adjacent to the Stevenson High School which is a 37 acre site commonly known as Helman Park, which is in the Southwest 1/4 of Section 9, in order to provide the funding necessary for the aforesaid acquisition of property, the Council does hereby determine to refer the same to the Capital Improvement Committee for its report and recommendation By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #299-79 RESOLVED, that having considered a communication from the City Engineer, dated February 19, 1979, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a communication dated January 17, 1979 from R E. Dailey & Company, regarding a request for additional construction management fee, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. By Councilman Taylor, seconded by Councilman Raymond, it was #300-79 RESOLVED, that having considered a communication from the PersonneJ Director, dated March 2, 1979, approved by the Finance Director and approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on February 15, 1979, wherein it is recommended that a rate adjustment be established for the position of Seasonal Laborer as follows: First Season $4.00 Second Season $4.50 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: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann NAYS. None. By Councilman Raymond, seconded by Councilman Taylor, it was #301-79 RESOLVED, that having considered the report and recommendation of the President of the Livonia Historical Commission, dated January 12, 1979, approved for submission by the Mayor, with respect to the renewal of the existing lease between the City of Livonia and Harvey and. Pamela Allen, for the residence located over the Carriage House at 38125 W Eight Mile Road, at Greenmead, for the period January 1, 1979 through December 31, 1979, based upon the same terms and conditions as are contained in the lease previously authorized in Council Resolution 1109-77, the Council does hereby 17704 determine to authorize the Mayor and. City Clerk to execute a new lease in accordance with the aforesaid recommendation and in this regard, the Department of Law is hereby requested to prepare the said Agreement for execution 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. By Councilman Taylor, seconded by Councilman Bennett, it was #302-79 RESOLVED, that having considered a communication from the City Planning Commission, dated March 5, 1979, to which is attached its resolu- tion 2-30-79, wherein the Commission did amend Part VII of the Master Plan of the City of Livonia entitled "The Future Land Use Plan," so as to update same in accordance with actual and proposed revisions which have occurred since the adoption of the Plan nn June 19, 1975, the Council does hereby determine to certify and acknowledge the receipt of same. 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 Bishop, it was #303-79 RESOLVED, that having considered a communication from the CETA Program Administrator, dated March 15, 1979, approved by the Finance Director and approved for submission by the Mayor, to which is attached the Master Plan, the FY 1979 Annual Plan, Title II Modification 013 and Title VI Modification 021, the Council does hereby authorize the aforesaid documents in the manner and form indicated in the aforesaid communication; and the Mayor and City Clerk are hereby requested to execute the same for and on behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann. NAYSNone. By Councilman Raymond, seconded by Councilman Bishop, it was #304-79 RESOLVED, that having considered the report and, recommendation of the CETA Program Administrator, dated March 16, 1979, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of Urban' s Partition & Remodeling Company, Box 5289, 19424 Gerald, Northville, Michigan 48167, for constructing partitions for CETA offices at Jackson School on the basis of using only a minimum number of partition panels with windows for the price of $3,106.00, the same having been in fact the lowest bid received and meets all specifications; further, that the money for this purpose is to be provided from CETA funds. 17705 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 Bennett, and unanimously adopted, it was #305-79 RESOLVED, that the Council does hereby request that the Director of Public Works submit a report and recommendation on the status and disposition of all City property which has been installed at the Pierson center By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #306-79 RESOLVED, that having considered a communication from the Chairman of the Historic Preservation Commission, dated March 20, 1979, approved for submission by the Mayor, and to which is attached a copy of a site plan together with cost estimates for the development of the Wilson Barn property, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. By Councilman Ventura, seconded by Councilman Nash, it was #307-79 RESOLVED, that having considered a communication from Gerald A Smith of Metro Furnace Cleaning, 27690 Joy Road, Livonia, Michigan 48150, dated January 15, 1979, wherein he requests a hearing before the Council with respect to a refusal of a renewal of a Class A Gas License and the denial of the application of a new Class A Oil License, together with a communication from the Chief Inspector of the Bureau of Inspection, dated February 6, 1979, to which are attached copies of complaints which have been filed with the Bureau of Inspection, and the Council having conducted a hearing on this matter on February 26, 1979, the Council does hereby determine to grant to Gerald A. Smith of Metro Furnace Cleaning a renewal of a Class A Gas License for the year ending December 31, 1979, and further does hereby request a report from the Bureau of Inspection at the end of the year with respect to the performance of the aforementioned licensee 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 Bishop, seconded by Councilman Taylor, it was 17706 #308-79 RESOLVED, that having considered a communication from Gerald A Smith of Metro Furnace Cleaning, 27690 Joy Road, Livonia, Michigan 48150, dated January 15, 1979, wherein he requests a hearing before the Council with respect to the denial of the application of a new Class A Oil License, together with a communication from the Chief Inspector of the Bureau of Inspection, dated February 6, 1979, to which are attached copies of complaints which have been filed with the Bureau of Inspection, and the Council having conducted a hearing on this matter on February 26, 1979, the Council does hereby determine to deny the appeal of Metro Furnace Cleaning and to concur with the action taken herein by the Heating Board of Examiners and the Bureau of Inspection, inasmuch as the Council has determined that the evidence presented at the hearing conducted in connection with this matter does support the action taken herein as well as the reasons indicated for such action by the Heating Board of Examiners and the Bureau of Inspection. A roll call vote was taken on the foregoing resolution with the following result AYES: Bishop, Taylor, Bennett and McCann NAYS: Ventura, Nash and Raymond. The President declared the resolution adopted By Councilman Taylor, seconded by Councilman Raymond, and unanimously adopted, it was #309-79 RESOLVED, that the Council does hereby determine to refer the general licensing procedure of the Livonia Code of Ordinances to the Legislative Committee for its report and recommendation, with particular reference to the language of Sections 4-107, 4-108 and 4-109 thereof. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #310-79 WHEREAS, pursuant to the direction of the City Council in its resolution 302-78, adopted on April 5, 1978, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of March 12, 1979 an assessment roll dated March 12, 1979 for the installation of ornamental street lighting with underground wiring in Windridge Subdivision in the S E 1/4 of Section 4, City of Livonia, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 302-78 THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the Office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit that the assessment roll has been made and filed in the Office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, May 7, 1979, at 17707 8:00 P.M to review the said. Special Assessment Roll at which time and L place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of May 7, 1979; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assess- ment roll in the City Assessor's Office. By Councilman Ventura, seconded by Councilman Bishop, it was #311-79 RESOLVED, that having considered a communication dated. March 19, 1979 from the Department of Law transmitting for Council acceptance a Grant of Easement more particularly described as: Grant of Easement dated February 20, 1979 executed by Robert J Primeau and Mary- C. Primeau, his wife conveying: The west 12 ft of the following described parcel. Lot No. 57, B. E Taylor's Green Acres Subdivision, being a subdivision of part of the east 1/2 of Section 23, T 1 S , R 9 E , City of Livonia, LWayne County, Michigan (23b57) 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 001 vote was taken on the foregoing resolution with the following result: AYES. Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann. NAYS: None. Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 7 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 78-3-1-17 FOR CHANGE OF ZONING FROM R-5 TO R-3. 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 17708 Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 15 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 78-10-1-34 FOR CHANGE OF ZONING FROM RUFC TO P.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. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 17 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 78-10-1-35 FOR CHANGE OF ZONING FROM R-3-B TO P.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. Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 31 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 78-10-1-36 FOR CHANGE OF ZONING FROM RUF TO P.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. 17709 Councilman Bishop gave first reading to the following Ordinance: imp AN ORDINANCE AMENDING SECTION 31 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 78-10-1-37 FOR CHANGE OF ZONING FROM RUF TO P.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. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING L SECTION 3. THERETO. RE: PETITION 78-10-1-38 FOR CHANGE—OF ZONING FROM RUF TO P.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 Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4 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 78-10-1-40 FOR CHANGE OF ZONING FROM RUFA TO R-3 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. L The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 17710 By Councilman Ventura, seconded by Councilman Taylor, it was #312-79 RESOLVED, that having considered a communication dated March 28, 1979 from the Department of Law transmitting for Council acceptance two Grants of Easements more particularly described as: 1. Grant of Easement dated February 26, 1979 executed by Minnie Johnson, conveying' The southerly 15 feet of the following described parcel. The Easterly 263 10 feet of the following described parcel: Land in the City of Livonia, Wayne County, Mich being a part of the NE 1/4 of Sec. 10, T. 1 S R 9 E. , and more particularly described as follows: Commencing at a point on the E line of Sec 10, T. 1 S. , R 9 E , which point is distant S 0 degrees 50 minutes 15 seconds E 1158.41 feet from the NE corner of said Sec. 10; then running thence W 1318.28 feet to the W line of the E 1/2 of the NE 1/4 of said Sec. 10, thence S 0 degrees 42 minutes E along said W line 165.25 feet; thence E 1318.67 feet to the E line of said Sec. 10, thence N 0 degrees 50 minutes 15 seconds W on said E line 165.25 feet to the place of beginning. 2. Grant of Easement dated March 16, 1979 executed by Xhafer Elezi and Fatima Elezi, his wife conveying The westerly twelve (12' ) feet of the parcel described below; also a twelve (12) foot wide easement, the centerline of said easement being more particularly described as beginning at a point on the West lot line (also being the East line of Merriman Road, 120 feet wide) of the parcel herein described, distant S 0° 12' 10" E , 145 feet from the N W. corner of said parcel; proceeding thence S 89° 32' 44" E , 118 ft ' thence N. 58° 27' 16" E. , 62 feet to the East lot line of said parcel and the point of ending of the twelve (12) foot wide easement herein described. That part of the N W. 1/4 of Section 11, T. 1 S , R 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant N 0° 12' 10" E , 329.62 ft. from the West 1/4 corner of Section 11, proceeding thence N 0° 12' 10" W. , 379.00 ft. , thence S. 89° 32' 44" E , 234.00 ft. , thence S 0° 12' 10" E. , 379 41 ft , thence N 89° 26' 39" W. , 234 00 ft. to the point of beginning except the West 60 feet thereof. (Bureau of Taxation Parcel 11U2b1b) the Council does hereby for and, in behalf of the City of Livonia accept the aforesaid Grants of Easements and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this 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. 17711 By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #313-79 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated March 28, 1979, submitted pursuant to Council Resolution 895-78, in connection with a communication from the City Treasurer submitting a copy of Industrial Facilities Exemption Certificate No. 77-108, issued to Ford Motor Company, for its facility located at 35200 Plymouth Road, Livonia, Michigan, the Council does hereby determine to take no further action with respect to this item. By Councilman Nash, seconded by Councilman Bennett, it was #314-79 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated March 28, 1979, and submit- ted pursuant to Council Resolution 60-79, in connection with a communica- tion from the Mayor, dated January 3, 1979, wherein it is requested that an adjustment be made in the auto allowance authorized for members of the Planning Commission, the Council does hereby determine to authorize and approve the increase in the monthly auto allowance to $125.00 for members and $150.00 for the Chairman of the Planning Commission, the action herein to take effect commencing on May 1, 1979, further, the Council does hereby determine to appropriate the sum of $3,150.00 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #315-79 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated March 28, 1979, and submitted pursuant to Council Resolution 121-79, in connection with a communication from the Director of Finance, dated January 19, 1979, to which are attached letters from R L Jones & Associates, Inc. , dated December 12, 1978 and January 15, 1979, detailing the City's insurance costs and coverage, and the Council having previously authorized the payment of the sum of $301,683.38 to the City's insurance agent for this purpose, the Council does hereby determine to authorize the payment of the balance of the premium with regard to this matter, in the amount of $221,598.62 to the City's insurance agent, R L Jones & Associates, Inc. , 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. 17712 By Councilman Nash, seconded by Councilman Taylor, it was #316-79 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated March 28, 1979, and submitted pursuant to Council Resolution 200-79, in connection with a communication from the Mayor, dated February 14, 1979, with respect to the proposed increase in the salary for the Executive Director of the Livonia Housing Commission, the Council does hereby determine to approve a salary increase which establishes the salary for the Director of the Housing Commission in the amount of $18,218 00, commencing on and, after the effective date of this resolution, which salary shall be allocated as follows: $15,000 00 for McNamara Towers and $3,218 00 for Silver Village. 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 #317-79 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetings of the City Council for the month of May, 1979. Wednesday, May 9, 1979, and Wednesday, May 23, 1979. By Councilman Ventura, seconded by Councilman Bishop and unanimously adopted, it was #318-79 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Bishop, seconded by Councilman Taylor, it was #319-79 RESOLVED, that having considered a communication from the Chief of Police, dated March 30, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein it is indicated that the City of Livonia will participate in the joint effort of eight communities in establishing a regional Law Enforcement System (re: computer-aided dispatch, mobil digital, management information, word processing and dictating system) , which system will cover a four year period of implementation, and for which there shall be three grants of approximately $1 3 million, the Council does hereby take this means to indicate the commitment of the City of Livonia to provide its share for these Grants in the amount of approximately $134,000 00 which commitment shall be submitted with the applications required for the Grants, and the City Clerk is hereby requested to transmit a certified copy of this resolu- tion to all appropriate state and federal agencies, as well as to do all other things necessary or incidental to the full performance of this resolution. 17713 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 Taylor, it was #320-79 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, to assist and retain local industries and commercial enterprises to strengthen and revitalize the City's economy; and WHEREAS, it is therefore necessary to provide the means and methods for the encouragement and assistance of industrial and commercial enterprises in locating and expanding in the City, to more conveniently provide needed services and facilities of such enterprises to the City and its residents; and WHEREAS, Act 338 of the Public Acts of Michigan of 1974, as amended ("Act 338") provides for the incorporation of an economic develop- ment corporation for the City to accomplish such purposes, and WHEREAS, an application and a competing application has been filed pursuant to Act 338 of the Public Acts of Michigan of 1974, as amended, for permission to incorporate an economic development corporation for the City; and WHEREAS, a public hearing on said application and said competing application has been held NOW, THEREFORE BE IT RESOLVED. 1 The competing application under date of April 2, 1979, filed by Terrence McCool, Anthony J. Jablonski, and Robert R Thompson to incorporate The Economic Development Corporation of the City of Livonia and the proposed Articles of Incorporation filed with said competing applica- tion for said corporation be and the same are hereby approved and adopted 2. The Articles of Incorporation shall be executed in duplicate and upon execution the City Clerk be and is hereby directed to file and publish said Articles in accordance with Section 31 of Act 338 3 The City Clerk be and is hereby further directed to publish this Resolution once in the Observer-Eccentric, a newspaper of general circulation in the City promptly after the passage of this Resolution. 4 All resolutions and parts of resolutions inconsistent with the provisions hereof be and are hereby declared repealed, revoked and rescinded 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 17714 By Councilman Bishop, seconded by Councilman Raymond, it was #321-79 RESOLVED, that having considered a letter from the Mayor dated April 3, 1979, with regard to providing a public transportation program for senior citizens and handicapped residents in this area, the Council does hereby authorize the Department of Law to prepare, for submission to Council for its approval, the proposed agreements with the Southeastern Michigan Transportation Authority (SEMTA) and the Northwest, Transport Taxicab for this purpose 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, it was #322-79 WHEREAS, Act 604 of PA 1978 amended the State Minimum Wage and Overtime Pay Law, effective January 4, 1979, imposing certain overtime pay requirements on cities, and WHEREAS, the Legislature provided in Act 604 that the state will reimburse cities for the cost of such overtime pay only if Act 604 made a change in the former overtime pay law; and WHEREAS, there is a substantial legal question as to the overtime pay requirements under Michigan law prior to January 4, 1979, a question which the Legislature failed to clarify when it passed Act 604; and WHEREAS, until the law is clarified, the city will not know whether or not the state will reimburse the city for the cost of overtime pay under Act 604, nor whether the city will be liable for retroactive overtime pay without state reimbursement, NOW THEREFORE BE IT RESOLVED, That the City Council authorizes and directs the City Attorney, in the name of the City, to take whatever steps he deems necessary and desirable to obtain a clarification of the law 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 Ventura, and unanimously adopted, this 904th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9 30 P M , April 4, 1979 Lci,e, 4 ' ADDISON W. BAC N, C. TY CLERK