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HomeMy WebLinkAboutCOUNCIL MINUTES 1979-09-12 18067 L MINUTES OF THE NINE HUNDRED AND FOURTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 12, 1979, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:15 P. M. . Councilman Bennett 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; Daniel Gilmartin, Industrial Coordinator; Jack Dodge, Finance Director; G. E. Siemert, City Engineer; John Nagy, City Planner; Ronald R. Reinke, Acting Superintendent of LParks and Recreation and Michael Reiser, Chairman, Water and Sewer Board. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #903-79 RESOLVED, that the minutes of the 913th Regular Meeting of the Council of the City of Livonia, held August 29, 1979, are hereby approved. By Counciimnn Taylor, seconded by Councilman Raymond, and unanimously adopted, it was #904-79 RESOLVED, that the minutes of the 177th Special Meeting of the Council of the City of Livonia, held September 5, 1979, are hereby approved The communication from the Livonia Traffic Commission dated August 21, 1979 with respect to Wildwood Forest Subdivision request for Stop Signs (CR 709-79) was received and placed on file for the information of the Council. The communication from the Livonia Traffic Commission dated August 21, 1979 Lwith respect to alleyway adjacent to the parking lots of 33300 to 33312 Seven Mile Road (CR 544-79) was received and placed on file for the information of the Council The communication from the Mayor dated August 29, 1979 with respect to contractual status between the employees bargaining units and the City of Livonia was received and placed on file for the information of the Council 18068 ImmoBy Councilman Bishop, seconded by Councilman Nash, and unanimously adopted, it was #905-79 RESOLVED, that having considered the "Capital Improvement Program 1980 - 1985", transmitted by the Planning Commission on August 29, 1979, the Council does hereby determine to refer the same to the Capital Improve- ment Committee for its review and recommendation. The communication from the Director of Finance dated August 17, 1979, transmitting various financial statements of the City for the month ending July 31, 1979, was received and placed on file for the information of the Council. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTIONS 3-702(2) 3-703, 3-70+ and 3-706 OF TITLE 3, CHAPTER 7 (FIRE PREVENTION CODE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 2-219 OF CHAPTER 2 (FINANCIAL ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 18069 Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 3-407 AND SECTION 3-409 OF ARTICLE 2, CHAPTER 4 (ANIMALS AND FOWL) OF TITLE 3 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Nash, seconded by Councilman Raymond, it was #906-79 RESOLVED, that having considered a communication from the Fire Chief, dated August 14, 1979, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby determine to authorize the transfer of the sum of $350.00 from Account No. 101-338-768. 000.000 (Uniforms) to the following accounts in the following amounts: $250.00 to Account No 101-338-747 000.000 (Extinguisher Recharge) and $100 00 to Account No 101-338-758.000.000 (Oxygen) A roll call vote was taken on the foregoing resolution with the following result; AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Taylor, it was #907-79 RESOLVED, that having considered a communication from the Personnel Director, dated August 14, 1979, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on August 9, 1979 wherein an additional appropriation is requested with respect to necessary expenses attendant to business meetings and training sessions, the Council does hereby determine to appropriate the sum of $450.00 from the Unexpended Fund Balance Account to be transferred to the following accounts in the following amounts: $250.00 to Mileage Account No. 220-861.010, and $200.00 to Miscellaneous Account No. 220-756. 18070 A roll call vote was taken on the foregoing resolution with the following result: AYES. Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #908-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 13, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with respect to a contract pre- viously awarded to A. J. Giraud Company in Council Resolution 313-78 adopted on April 5, 1978 for Phase III, Part 17 (Plaster and Drywall) construction of the Civic Center Municipal Building and certain change orders which provided for additional items which have now resulted in a total value of work completed or approved for completion to date in the amount of $203,079.36, the Council does hereby determine to appropriate and authorize the expenditure of an additional sum in the amount of $2+,789.36 from Federal Economic Development Administration Funds for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilmen Nash, seconded by Councilman Bishop, it was #909-79 RESOLVED, that having considered a communication from the City Engineer, dated August 14, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, and to which is attached a request for payment of reimbursables for the month of May 1979 in the amount of $6191.20 from R. E. Dailey R• Company, Construction Manager, for the Civic Center Municipal Building, dated June 26, 1979, the Council does hereby authorize payment of the aforesaid amount to R E Dailey Company, as submitted; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES. Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #910-79 RESOLVED, that having considered a communication from the City Treasurer, dated August 29, 1979, approved by the Finance Director, wherein an appropriation is requested for the following items: 18071 (1) New tops for six desks and two tables (2) Eight carpet pads to be used in new City Hall; and (3) Two calculators to replace two old Burroughs adding machines which cannot be repaired the Council does hereby determine to appropriate and authorize the expenditure of a sum not to exceed $1000.00 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #911-79 RESOLVED, that having considered a communication from the Mayor, dated August 20, 1979, to which is attached a recommendation of the Superintendent of Parks and Recreation regarding a priority list of items which could be implemented by the use of funds received from the proposed sale of Helman Park, as well as by obtaining additional funds from Land and Water Conservation Fund Grants, the Council does hereby determine to refer the same to the Capital Improvement Committee for its report and recommendation By Councilman Taylor, seconded by Councilman Bennett, it was #912-79 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated August 10, 1979, approved for submission by the Mayor, with regard to a request from Ms. Loretta M Stark, 15918 Southampton, Livonia, Michigan 48154, and in accordance with the provi- sions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division of Tax Item No. 46 053 01 0063 000 (14a63) would not be contrary to the spirit and purpose of the afore- said Ordinance and does, accordingly, approve of dividing the same into two parcels, the legal descriptions of which shall read as follows: PARCEL "A" The West 70.0 feet of Lot 63 of Livrance Estates Sub. of part of the NE 1/4 of Section 14, T 1 S , R 9 E , Livonia Township (now City of Livonia), Wayne Co. Mich. Recorded in Liber 67 of Plats on Page 10, Wayne County Records. Subject to all Easements and Restrictions of Record. and PARCEL "B" The East 70.0 feet of Lot 63 of Livrance Estates Sub. of part of the NE 1/4 of Section 14, T 1 S , R. 9 E , Livonia Township (now City of Livonia), Wayne Co. Mich. Recorded in Liber 67 of Plats on Page 10, Wayne County Records. Subject to all Easements and Restrictions of Record. 18072 as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bennett, it was #913-79 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated August 10, 1979, approved for submission by the Mayor, with regard to a request from Curtis Building Co. , and Goray Development Co. , 25950 Five Mile Road, Redford Twp. , Michigan 48239, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division of Tax Item No. 46 129 01 0150 001 (33a150a) would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing the same into two parcels, the legal descriptions of which shall read as follows: PARCEL "A" The North 135' of the South 300' of Lot 150, Supervisor's Livonia Plat No. 2 of the S 5/8 of the N.E. 1/4 and the E 1/2 of the N 3/8 of the N.E 1/4 of Sec. 33, T. 1 S. , R. 9 E. , Livonia Twp. (now City of Livonia), Wayne Co. , Michigan. Recorded in Liber 66, Plats, Page 1, Wayne County Records. and PARCEL "B" The South 165' of Lot 150, Supervisor's Livonia Plat No. 2 of the S 5/8 of the N.E 1/4 and the E 1/2 of the N. 3/8 of the N E. 1/4 of Sec. 33, T. 1 S. , R 9 E. , Livonia Twp. (now City of Livonia), Wayne Co. , Michigan Recorded in Liber 66, Plats, Page 1, Wayne County Records. as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was 18073 #914-79 RESOLVED, that the Council does hereby refer to the City Planning Commission for action and recommendation in accordance with the provisions of the Vacating Ordinance, the matter of whether or not to vacate surplus right-of-way located immediately south of Edington Court, located within Wellington Woods Subdivision. By Councilman Bishop, seconded by Councilman Taylor, it was #915-79 RESOLVED, that having considered a communication from the Department of Assessment, dated August 1, 1979, approved for submission by the Mayor, with regard to a request from Mr. Michael R. Epley, 18876 Sunset, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby determine to deny the request for dividing Tax Item No. 46 042 01 0142 000 (11b142,143a) into two parcels since the same would be in violation of the City's Zoning Ordinance and law. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #916-79 RESOLVED, that having considered a communication from the City Assessor, dated August 15, 1979, approved by the Mayor, with respect to the following described properties which have reverted to the State of Michigan for nonpayment of taxes: Lot 457 also east 1/2 adjacent vacated alley, Botsford Park Subdivision E. 20 feet of Lot 2, Bretton Gardens Subdivision Private Park A, Country Homes Estates Subdivision No. 3 Lot 144 and the southerly 1/2 of adjacent vacating alley also the adjacent vacated part of Fordson Hwy. , Coventry Gardens Subdivision Lot 378, Golden Ridge Subdivision No 1 East 2 feet of Lot 1004 also the east 1/2 of adjacent vacated alley 18 feet wide of the New Detroit Sub. Town 1 South, Range 9 East Section 13. The north 20 feet of the south 502 feet of the west 220 feet of the east 434 feet of the east 1/2 of the southeast 1/4 of Section 13 except the west 30 feet thereof the Council does hereby determine, in accordance with the provisions of Act 223 of P.A. 1909, the Public Use Deed Act, to take this means to indicate that it is "interested" in acquiring this land, and the City Clerk is requested to forward a certified copy of this resolution to the 18074 Department of Natural Resources, Stevens T Mason Building, Lansing, Michigan 48999, as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #917-79 RESOLVED, that having considered a communication from United Cable Television Corporation, dated August 13, 1979, and a communication from OMNICOM of Michigan, dated August 15, 1979, wherein each of the aforesaid firms has requested a franchise to construct and operate cable television systems in the City of Livonia, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #918-79 RESOLVED, that the Council does hereby request that the City Planning Commission consider the question of vacating Pembroke between Melvin Avenue and Oporto in the S.E. 1/4 of Section 2, and thereafter submit its report and recommendation with provisions of Law and City Ordinance; further, the Council does hereby determine to defer action pending receipt of the aforesaid report and recommendation with respect to a communication from the Planning Commission, dated August 21, 1979, which transmits its resolution 8-137-79 adopted on August 7, 1979, with regard to Petition 79-7-3-7 initiated by Council Resolution 590-79, requesting the vacating of a portion of Oporto Avenue located between Pembroke and Bretton in the S.E 1/4 of Section 2. By Councilman Bishop, seconded by Councilman Ventura, it was #919-79 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated September 20, 1978, approved for submission by the Mayor, with regard to a request from Mrs. Doris N Batten, 30126 Bretton, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby determine to table this matter pending report and recommendation requested in CR-918-79, with respect to the question of the vacating of a section of Pembroke, between Melvin and Oporto in the S E. 1/4 of Section 2. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Raymond and McCann. NAYS: Taylor. The President declared the resolution adopted. 18075 By Councilman Nash, seconded by Councilman Bishop, it was #920-79 RESOLVED, that having considered a communication from Mr. Irving M Stahl, attorney, Suite 2100, The Prudential Town Center, 3000 Town Center, Southfield, Michigan 1+8075, dated August 24, 1979, submitted in behalf of his client, Electrical Maintenance Service, Inc. of Walled Lake, Michigan, wherein a claim is submitted in the amount of $30,000.00 with respect to certain electrical work performed in Part 7 of Phase III of the Civic Center Municipal Building, the Council does hereby determine to refer this item to R. E. Dailey & Company, Construction Manager, and to Ralls-Hamill Architects, Inc. , Architect for the said building, for their respective reports and recommendations. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Nash, it was #921-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 20, 1979, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Dembs-Roth Construction Company, 17220 W. 12 Mile Road, Southfield, Michigan, 48075, the proprietor of Louis Nelson Industrial Subdivision, located in the N W 1/4 of Section 28, the Financial Assurances (Cash Escrow Monies) previously deposited with respect to the placement of survey monuments and markers in the said subdivision in the amount of $400 00 and the Soil Erosion Bond in the amount of $3000.00, pursuant to Council Resolution 575-77 adopted on June 15, 1977, and as thereafter amended by Council Resolution 1141-77 adopted on December 21, 1977, and Council Resolution 814-78 adopted on September 13, 1978, the action herein being taken for the reasons indicated in the afore- mentioned report of the City Engineer that all of these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS• None. The communication from the City Engineer dated August 10, 1979 with respect to paving of West Chicago at Inkster Road, CR-630-79, was received and placed on file for the information of the Council. 18076 By Councilman Ventura, seconded by Councilman Nash, it was L. #922-79 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 26, 1979, and the report and recommendation of the Chief of Police, dated August 28, 1979, in connection therewith, the Council does hereby approve of the request from Charanjit S. Sandhu to transfer ownership of the 1979-80 SDM licensed business from Gurbachan S. Mann and Amrao S. Gill, located at 28760 Plymouth Road, Livonia, Michigan 48150; 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #923-79 RESOLVED, that having considered communications from Mr Robert H. Kelley of the Detroit Edison Company, dated June 27, 1979 and August 31, 1979, and having also considered a communication from A & P Construction Co. , dated August 27, 1979, with regard to the question of Detroit Edison installing an electrical distribution system in an easement located at the front of the lot in new residential subdivisions rather than at the rear, the Council does hereby determine to take this means to indicate its disapproval of this concept. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Taylor, Raymond and McCann. NAYS: Bennett, Ventura and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bennett, it was #924-79 RESOLVED, that having considered a communication dated June 14, 1979, from the City Planning Commission which sets forth its resolution 6-71-79 adopted on June 5, 1979, with regard to Petition 79-5-1-12 submitted by Michael and William Schwartz for a change of zoning on property located on the east side of Purlingbrook, south of Eight Mile Road in the North 1/2 of Section 2, from R-1 to R-7, and the Council having conducted a public hearing with regard to this matter on August 27, 1979, pursuant to Council Resolution 679-79, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 79-5-1-12 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amendeu in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: 18077 AYES: Bennett, Ventura, Nash, Raymond and MMIcCann NAYS: Bishop and Taylor. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #925-79 RESOLVED, that having considered a communication from the Zoning Board of Appeals, dated August 27, 1979, to which is attached a letter from Mr. George W. Ihillips, 20460 Brentwood, Livonia, Michigan, dated August 13, 1979, wherein a request is submitted for approval of a revocable license in order to permit use of an inground swimming pool located in a public utility easement and in a flood plain, the Council does hereby determine to refer this matter to the Department of Law for its report and recommendation. By Councilman Taylor, seconded by Councilman Ventura, it was #926-79 RESOLVED, that having considered the report and recommendation of the City Engineer, the City Attorney and the Police Chief, dated August 14, 1979, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution 620-77, with regard to problems incurred by certain property owners as a result of the paved portion of the Livonia Drain No 38 (Denmar Drain), the Council does hereby determine, in accordance with the aforesaid recommendation, to request that the Public Service Division install signs prohibiting trespass with respect to unfenced ditch crossings between Six Mile Road and Jay Avenue (approximately 1100' north of Curtis), as well as to do such other things as may be necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. At the direction of the Chair, the item on the agenda with respect to the installation of sidewalks on Stamford, North of Curtis, was removed and will be considered at the Study Session to be conducted on September 17, 1979. Councilman Ventura 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. 18078 By Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #927-79 RESOLVED, that having considered a communication from the Police Chief, dated August 22, 1979, approved for submission by the Mayor, which transmits a proposed amendment to the Livonia Code of Ordinances (Animals and Fowl) which would prohibit the trapping of animals, and such ordinance having received its first reading by Councilman Ventura on September 12, 1979, the Council does hereby determine to refer this item to the Legislative Committee for its report and recommendation. By Councilman Nash, seconded by Councilman Raymond, it was #928-79 RESOLVED, that having considered the report and recommendation of the Department of Law, dated August 24, 1979, approved by Carl J. Wagenschutz and the Bureau of Inspection and approved for submission by the Mayor, the Council does hereby authorize the City Attorney for and on behalf of the City of Livonia, and Carl J Wagenschutz, City Treasurer, to execute the proposed Stipulation for a consent judgment in the manner and form submitted herein in the case of Barnes and Barnes v. State of Michigan: Howard A Tanner, Director of the Department of Natural Resources; Allison Green, Treasurer of the State of Michigan; Albert Lee, Auditor General for the State of Michigan; Raymond J. Wojtowicz, Treasurer for Wayne County; Carl Wagenschutz, Treasurer for the City of Livonia; Wayne County Circuit Court No. 78-831-735 CH A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann NAYS: None. By Councilman Taylor, seconded by Councilman Ventura, it was #929-79 RESOLVED, that having considered letters from the Michigan Liquor Control Commission, dated May 8, 1979 and August 22, 1979 and the report and recommendation of the Chief of Police, dated September 4, 1979 in connection therewith, the Council does hereby approve of the request from Ching Lim, Inc. for transfer of ownership of 1979 Class C Licensed Business with official permit (food) and 2 bars with a dance permit located at 29703 W Seven Mile Road, Livonia, Michigan 48150, Wayne County, from Cordoba, Inc. ; 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was 18079 #930-79 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, October 22, 1979, at 8:00 P.M at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items: (1) Petition 79-6-6-3, submitted by the City Planning Commission, to amend Ordinance #543, the Zoning Ordinance of the City of Livonia, by incorporating regulations to prohibit the sale of vehicles or merchandise on parking lots, the City Planning Commission having in its resolution 8-138-79 recommended to the City Council that Petition 79-6-6-3 be approved; (2) Petition 79-6-6-4, submitted by the City Planning Commission, pursuant to Council Resolution 507-79, to amend Section 11.02, Permitted Uses, of the Zoning Ordinance #543, by providing regulations to permit motorcycle sales and repair establishments in C-2 Zoning Districts, the City Planning Commission having in its resolution 8-139-77 recommended to the City Council that Petition 79-6-6-4 be approved; (3) Petition 79-6-1-17, submitted by Michael A. Boggio for a change of zoning of property located on the west side of Inkster Road, north of Joy Road, in the Southeast 1/4 of Section 36, from RUF to R-8, the City Planning Commission having in its resolution 8-133-79 recommended to the City Council that Petition 79-6-1-17 be approved; (4) Petition 79-6-1-18, submitted by the Livonia Public Schools for a change of zoning of property located on the northeast corner of Hubbard Road and Bretton in the Southeast 1/4 of Section 3, from P.L. to R-1, the City Planning Commission having in its resolution 8-134-79 recommended to the City Council that Petition 79-6-1-18 be approved, (5) Petition 79-6-1-19, submitted by Duane and Nancy Foster for a change of zoning of property located on the north side of Schoolcraft Service Drive between Farmington Road and Stamford in the South- east 1/4 of Section 21, from R-2 to P.S. , the City Planning Commission having in its resolution 8-135-79 recommended to the City Council that Petition 79-6-1-19 be approved; (6) Petition 79-6-1-20, submitted by the City Planning Commission, pursuant to Council Resolution 418-79, for a change of zoning of property located south of Eight Mile Road between Farmington Road and 18080 Osmus in the North 1/2 of Section 3, from R-3-A to RUF, the City Planning Commission having in its resolution 8-136-79 recommended to the City Council that Petition 79-6-1-20 be denied. FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia, as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each 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 Taylor, and unanimously adopted, it was #931-79 RESOLVED, that having considered a communication dated June 15, 1979 from the City Planning Commission which sets forth its resolution 6-76-79 adopted on June 5, 1979 with regard to Petition 79-5-6-2, submitted by the City Planning Commission on its own motion to amend Section 12.02, Uses Permitted, of the P L. District Regulations, and Section 4.03, Waiver Uses, of the R-1 through R-5 District Regulations, to incorporate regulations to control the use of public lands by organizations such as schools, churches, etc., for fund raising purposes, of Ordinance #543, the City of Livonia Zoning Ordinance, and the Council having conducted a public hearing with regard to this matter on August 27, 1979, pursuant to Council Resolution 679-79, the Council does hereby determine to refer this item to the Legislative Committee for its report and recommendation By Councilman Taylor, seconded by Councilman Ventura, it was #932-79 RESOLVED, that having considered a communication dated August 30, 1979 from the Department of Law, transmitting for Council acceptance fifteen (15) Grants of Easement, more particularly described as: 1. Grant of Easement, dated February 9, 1979, executed by Charles S Bashor and Erbena Bashor, his wife, for: The N. 27 feet of South 60 feet of a parcel of land in East 1/2 of Southwest 1/4 of Section 4, Town 1 South, Range 9 East, Livonia Township, Wayne County, Michigan, beginning at a point in the Southerly line of said Southwest 1/4, said point being North 89 degrees 57 minutes, 40 seconds West 373 feet from the Southeast corner of 18081 Southwest 1/4 and thence North 0 degrees, 11 minutes, 07 seconds East 1,320 feet, thence North 89 degrees, 57 minutes, 40 seconds West 127.56 feet, thence South 0 degrees, 11 minutes, 07 seconds, West 1,320 feet to a point in the Southerly line of Southwest 1/4, thence along the Southerly line of Southwest 1/4 South 89 degrees 57 minutes 40 seconds East 127.56 feet to point of beginning. Part of 04GG 13B 2. Grant of Easement, dated June 22, 1979, executed by Angelo D'Orazio, Treasurer, Rest in the Sun, Inc. , for: An easement for storm and sanitary sewer over the Westerly 20 feet of the Southerly 4o8 feet of a parcel of land in the East 1/2 of the Southwest 1/4 of Section 4, Town 1 South, Range 9 East, Livonia Township, Wayne County, Michigan, beginning at a point in the Southerly line of Southwest 1/4 of Section 4, Town 1 South, Range 9 East, said point being North 89 degrees 57 minutes 40 seconds West 500.56 feet from the Southeast corner of Southwest 1/4 of Section 4, Town 1 South, Range 9 East, and running thence North 0 degrees 11 minutes 7 seconds East 1320 feet to a point, thence North 89 degrees 57 minutes 40 seconds West 132 feet to a point, thence South 0 degrees 11 minutes 7 seconds West 1320 feet to a point in the Southerly line of Southwest 1/4 Section 4, thence along the Southerly line of Southwest 1/4 Section 4, South 89 degrees 57 minutes 40 seconds East 132 feet to the place of beginning. Parcel 04GG13A 3. Grant of Easement, dated July 23, 1979, executed by Angelo D'Orazio, Treasurer, Rest in the Sun, Inc. , for: The Northerly 27 feet of the Southerly 60 feet of a parcel of land in the East 1/2 of Southwest 1/4 of Section 4, Town 1 South, Range 9 East, described as follows: Beginning at the Southeast corner of Southwest 1/4 of Section 4, Town 1 South, Range 9 East, thence running North 0 degrees 11 minutes 07 seconds East along Easterly line of Southwest 1/4 of Section 4, Town 1 South, Range 9 East, 1320 feet to a point, thence North 89 degrees 57 minutes 40 seconds West 208.00 feet to a point, thence South 0 degrees 11 minutes 07 seconds West 1320 feet to a point in the Southerly line of Southwest 1/4 of Section 4, thence along the Southerly line of Section 4, South 89 degrees 57 minutes 40 seconds East 208.00 feet to the place of beginning. Parcel 04GG13A 4. Grant of Easement, dated August 10, 1979, executed by Laurence G Herbert and Carol A. Herbert, his wife, for: Land in the City of Livonia, Wayne County, Mich. described as. The North 20 feet of the west 20 feet of lot 84, Gold Manor Estates Subdivision, a part of the North 1/2 of Section 9, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan. Rec'd L. 94, P. 100 & 101 Plats, W C.R. 5. Grant of Easement, dated January 30, 1979, executed by Walter Zielinski and Ann Zielinski, his wife, for: The North 27.0' of the South 60.0' of the following described parcel: that part of the S E 1/4 of Section 4, T 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at the South 1/4 corner of Section 4 and proceeding thence North 0° 09' 55" East 18082 along the North and South 1/4 Section line 683.35' ; thence South 89° 50' 05" East 249.32' ; thence South 0° 09' 55" West 682.17' ; thence South 89° 53' 35" West along the South Section line 249.02' to the point of beginning. Containing 3.91 acres more or less, a part of Parcel 04m5. 6. Grant of Easement, dated January 31, 1979, executed by Helen Constantine, for: The North 27' of the South 60' and the East 20' of the North 165' of the South 225.0' of the following described parcel. that part of the S E. 1/4 of Sec. 4, T. 1 S , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the South line of said section, distant North 89° 57' 10" East 249.32 feet from the South 1/4 corner of Section 4 and proceeding thence North 0° 09' 55" East 1223.43' thence South 89° 50' 05" East 204.80' , thence South 0° 09' 55" West 1222 67' to the South line of Section 4, thence South 89° 57' 10" West along said line 204.80' to the point of beginning. Containing 5.75 acres more or less, a part of parcel 04HH5• 7. Grant of Easement, dated July 26, 1979, executed by John J. Mahn and Phyllis J. Mahn, his wife, for: Land in the City of Livonia, Wayne County, Mich described as: The North 40 ft. of the West 40 ft. of the following described parcel: The West 165 ft. of the East 373 ft. of the South 1320 ft. of the S W 1/4 of Section 4, T 1 S , R. 9 E , City of Livonia, Wayne County, Mich. Parcel 04GG13c1. 8. Grant of Easement, dated July 21, 1979, executed by John J. Mahn and Phyllis J. Mahn, his wife, for: The North 27' of the South 60' of a parcel of land in the E. 1/2 of S.W 1/4 of Sec. 4, T. 1 S, R 9 E, Livonia Twp , Wayne Co. , Mich. , described as follows: Beginning at a point in the Southerly line of SW 1/4 of Sec. 4, said point being N. 89 degrees 57 minutes 40 seconds, W. 208.00 feet from the SE corner of SW 1/4 of Sec. 4, and running thence N. 0 degrees 11 minutes 07 seconds E. 1320.00 feet to a point; thence N 89 degrees 57 minutes 40 seconds W 165.00 feet to a point, thence S. 0 degrees 11 minutes 07 seconds W 1320.00 feet to a point in the Southerly line of SW 1/4 of Sec. 4; thence along the Southerly line of SW 1/4 of Sec. 4, South 89 degrees 57 minutes 40 seconds E 165.00 feet to the place of beginning. Parcel No. 04GG13C1. 9 Grant of Easement, dated March 22, 1979, executed by Stanley S Hapiak and Mary Ann Hapiak, his wife, for North 27 feet of South 60 feet of a parcel of land in the East 1/2 of Southwest 1/4 of Section 4, T 1 S , R. 9 E. , described as follows: Beginning at a point in the Southerly line of SW 1/4 of Sec. 4, T 1 S , R. 9 E , said point being N 89 degrees 57 minutes 40 seconds W. 797.56 feet from the SE corner of SW 1/4 of Sec. 4, T. 1 S. , R. 9 E , and running thence Northerly 0 degrees 11 minutes 07 seconds East 1320.00 feet to a point; thence N. 89 degrees 57 minutes 40 seconds West 165.00 feet to a point, thence South 0 degrees 11 minutes 07 seconds West 1320 00 feet to a point in the Southerly line of SW 1/4 of Sec. 4, South 89 degrees 57 minutes 40 seconds East 165.00 feet to the place of beginning. Item No. Part of 04GG11. 18083 10. Grant of Easement, dated June 25, 1979, executed by Keith R. Reynolds and Dorothy G. Reynolds, his wife, for: Land in the City of Livonia, Wayne County, Michigan, described as follows: The West 12 ft. of the East 268.0 ft. of that part of the E. 1/2 of the SW 1/4 of Section 4, described as beginning at a point on the N. & S. 1/4 line of said section, distance N. 0° 11' 07" E. 1650.0 ft. from the S. 1/4 corner of Sec. 4 and proceeding thence N. 89° 57' 40" W. 1314.43 ft. thence N. 0° 20' 47" E. 165.0 ft.; thence S. 89° 57' 40" E. 1313.97 ft. to the N. & S. 1/4 line of Section 4; thence S. 0° 11' 07" W. along said line 165.0 ft. to the point of beginning, containing 4.98 acres of land. Part of Parcel 04 GG6. 11. Grant of Easement, dated June 25, 1979, executed by Roy F. Moore and Elvira M. Moore, his wife, for: Land in the City of Livonia, Wayne County, Michigan, described as follows: The West 12 ft. of the East 268.0 ft. of the following described parcel: That part of the E. 1/2 of the SW 1/4 of Section 4, described as beginning at a point on the N. & S. 1/4 line of said Section, distant N. 0° 11' 07" E. 1815.0 ft. from the South 1/4 corner of Section 4 and proceeding thence N. 89° 57' 40" W. 1313.97 ft. ; thence N. 0° 20' 47" E. 165.0 ft.; thence S. 89° 57' 40" E. 1313.51 ft. to the N. & S. 1/4 line of Section 4; thence S 0° 11' 07" W. along said line 165.0 ft. to the point of beginning. Containing 4.98 acres. Part of 04GG5. 12. Grant of Easement, dated March 22, 1979, executed by Wiltmer W. Lock and Georgia W. Lock, his wife, for: North 27 feet of South 60 feet of a parcel of land in the East 1/2 of Southwest 1/4 of Section 4, Town 1 South, Range 9 East, described as follows: Beginning at a point in the Southerly line of Southwest 1/4 of Section 4, Town 1 South, Range 9 East, said point being North 89 degrees 57 minutes 40 seconds West 632.56 feet from the Southeast corner of Southwest 1/4 of Section 4, Town 1 South, Range 9 East, and running thence Northerly 0 degrees 11 minutes 07 seconds East 1320.00 feet to a point; thence North 89 degrees 57 minutes 40 seconds West 165.00 feet to a point; thence South 0 degrees Il minutes 07 seconds West 1320.00 feet to a point in the Southerly line of Southwest 1/4 of Section 4, South 89 degrees 57 minutes 40 seconds East 165.00 feet to the place of beginning. Item No. Part of 04GG12. 13. Grant of Easement, dated January 27, 1979, executed by Giuliano Soave and Mafalda Soave, his wife, for: The North 27.0 Feet of the South 60.0 feet of the following described Parcel: The East 208 feet of the South 1320 feet of the Southwest 1/4 of Section 4, T. 1 S. , R 9 E , City of Livonia, Wayne County, MichigL_ Parcel No. 04GG13c2. 18o84 14. Grant of Easement, dated August 15, 1979, executed by Cyril Van Loke, President and Robert S. Orr, Treasurer, Sword of the Spirit Lutheran Church, a Michigan corporation, for: The North 20 ft. of the East 20 ft. of the following described parcel. Lot 10 and 11; also lot 12 except the East 150 ft. ; also except the West 21.35 ft. of the South 123 ft. thereof, Winfield Estates Sub of the NW 1/4 of Section 9, T. 1 S , R 9 E , Livonia Township (now City of Livonia), Wayne County, Michigan. Recorded L 69, P 28 Plats, W C.R. 15. Grant of Easement, dated March 22, 1979, executed by Albert Mucciante and Valeria Mucciante, his wife, for: North 27 feet of South 60 feet of a parcel of land in the East 1/2 of Southwest 1/4 of Section 4, Town 1 South, Range 9 East, described as follows: Beginning at a point in the Southerly line of Southwest 1/4 of Section 4, Town 1 South, Range 9 East, said point being North 89 degrees 57 minutes 4o seconds West 962.56 feet from the Southeast corner of Southwest 1/4 of Section 4, Town 1 South, Range 9 East, and running thence Northerly 0 degrees 11 minutes 07 seconds East 1320.00 feet to a point; thence North 89 degrees 57 minutes 4o seconds West 165.00 feet to a point; thence South 0 degrees 11 minutes 07 seconds West 1320.00 feet to a point in the Southerly line of Southwest 1/4 of Section 4, South 89 degrees, 57 minutes 40 seconds East 165.00 iirfeet to the place of beginning Item No. Part of 04GG10A, 10B the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grants of Easement, and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann NAYS: None. By Councilman Bishop, seconded by Councilman Nash, it was #933-79 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City") the need for certain programs to alleviate and prevent conditions of unemployment and to assist and retain local industries and commercial enterprises in order to strengthen and revitalize the City's economy; and WHEREAS, a program to alleviate the aforesaid conditions has been initiated by The Economic Development Corporation of the County of Wayne (the "Corporation"); and low WHEREAS, the Corporation in conformity with Act 338 of the Public Acts of 1974, as amended ("Act 338"), has prepared and submitted a project plan, as amended, providing all information and requirements necessary for a project; and 18085 WHEREAS, the Planning Commission of the City of Livonia has recommended its approval to this Council; and WHEREAS, in conformity with Act 338 this Council has conducted a public hearing on said project plan; NOW, THEREFORE, BE IT RESOLVED: 1. The project plan, as submitted and approved by the Corporation and by the City's Planning Commission meets those requirements set forth in Section 8 of Act 338. 2. The persons who will be active in the management of the project for not less than one year after approval of the project plan have sufficient ability and experience to manage the plan properly 3. The proposed methods of financing the project as outlined in the project plan are feasible and the Corporation has the ability to arrange the financing. 11 . The project as submitted is reasonable and necessary to carry out the purposes of the Act. 5. Based upon the information submitted and information obtained at public hearings, the project plan, as submitted and the project to which it relates, serves to alleviate and prevent conditions of unemployment, strengthen and revitalize the City's economy, encourage the location and expansion of enterprises in the City, and, therefore, constitutes an essential, vital and necessary public purpose. 6. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result. AYES. Bishop, Ventura, Nash, Taylor and McCann. NAYS: Bennett and Raymond. The President declared the resolution adopted By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #934-79 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 October, 1979: Wednesday, October 10, 1979, and Wednesday, October 24+, 1979. 18086 By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #935-79 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #936-79 RESOLVED, that having considered a letter dated September 7, 1979, from the City Clerk, who having been notified by the Livonia Public Schools that the Pierson Elementary School will no longer be available as an Election Voting Precinct, the Council does hereby designate the Bryant Jr. High School, 18000 Merriman Road, Livonia, as the Official Polling Place for all Registered Electors within the boundaries of Precinct 3B. By Councilman Ventura, seconded by Councilman Nash, it was #937-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 22, 1979, which bears the signature of the Finance Director, 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 accept the unit price bid of John Cavaliere Cement Contractors, Inc. , 27440 Hoover, Warren, Michigan 48093, for the Inkster Road water main replacement (Plymouth Road to Grantland Avenue) for the estimated total cost of $138,082.25 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, further, the Council does hereby appropriate a sum not to exceed $138,082 25 from the Water Department Capital Outlay Account for this purpose; and the Director of Public Works is hereby authorized to approve 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #938-79 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan, intends to issue special assessment bonds for the purpose of defraying various Special Assessment Districts' share of the cost in connection with paving improvements in the City; and 18087 WHEREAS, notice of intent to issue bonds must be published at least forty-five (4+5) days before the issuance of the bonds in order to comply with the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Clerk shall pbblish a notice of intent to issue bonds in the Observer-Eccentric, a newspaper of general circulation in the City, as a display advertisement at least one-quarter (1/4+) page in size. 2. The notice of intent so published shall be in substantially the following form: OFFICIAL NOTICE TO ELECTORS OF THE CITY OF LIVONIA OF INTENT TO ISSUE BONDS SECURED BY THE TAXING POWER OF THE CITY AND RIGHT OF REFERENDUM THEREON PLEASE TAKE NOTICE that the City Council of the City of Livonia, County of Wayne, Michigan, intends to issue special assessment bonds of the City in the total principal amount of not to exceed $850,000 for the purpose of defraying various Special Assessment Districts' share of the cost of paving improvements in said special assessment districts in the City. The special assessment bonds shall mature serially in not to exceed fifteen (15) annual installments, with interest payable on the unpaid balance at a rate of not to exceed 8% per annum. SOURCE OF PAYMENT OF BONDS The principal and interest of the special assessment bonds shall be payable primarily from collections of an equal amount of special assessments and the bonds shall alsopedge the full faith and credit of the City of Livonia. IN CASE OF THE INSUFFICIENCY OF THE SPECIAL ASSESSMENTS, THE PRINCIPAL AND INTEREST ON THE BONDS SHALL BE PAYABLE FROM THE GENERAL FUNDS OF THE CITY OR, IF NECESSARY, FROM AD VALOREM TAXES LEVIED UPON ALL TAXABLE PROPERTY IN THE CITY, SUBJECT TO APPLICABLE CHARTER, STATUTORY AND CONSTITUTIONAL LIMITATIONS. RIGHT OF REFERENDUM THE BONDS WILL BE ISSUED WITHOUT VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING AN ELECTION ON THE QUESTION OF ISSUING THE BONDS, SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS IN THE CITY, IS FILED WITH THE CITY COUNCIL BY DEPOSITING THE SAME WITH THE CITY CLERK WITHIN FORTY-FIVE (115) DAYS AFTER PUBLICATION OF THIS NOTICE If such a petition is filed, the bonds cannot be issued without an approving vote of a majority of electors voting on the question. THIS NOTICE is given pursuant to the requirements of Section 5(g) of Act 279 Public Acts of Michigan, 1909, as amended. Further information concerning the matters set out in this notice may be secured from the City Clerk's office. City Clerk 18088 3. The City Council determines that the foregoing form of notice of intent to issue bonds and the manner of publication directed is adequate notice to the electors of the City and is well calculated to inform them of the intention of the City to issue the bonds, the purpose of the bond issue, the security for the bonds, and the right of referendum of the electors with respect thereto under all of the circumstances, as required by law. 4. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #939-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service 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 authorize the lig. purchase of seven (7) 1980 Plymouth Volares (meeting Michigan specification number 3905-0004) directly through the State of Michigan, Department of Management and Budget, for a total cost not to exceed $4195 23 each, FOB Plymouth, Michigan; and the Council does hereby determine to appropriatc and authorize the expenditure of a sum not to exceed $29,254.61 from the Unexpended Fund Balance Account for this purpose; further, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforementioned communication and such action is taken in accordance with the provisions set forth in Section 2-213 (d) (5) of the Livonia Code of Ordinances, as amended; FURTHER, the Council does hereby authorize the Public Service Division to dispose of at public sale the seven (7) worn-out sedans as described in and referred to in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Nash, Taylor, Raymond and McCann. NAYS: *Bishop. The President declared the resolution adopted. *Councilman Bishop made the following statement: My 'no' vote is cast as this expenditure is from the proposed 1979-1980 Budget which has not as yet been ibm approved and we are operating on the 1978-1979 as of now. 18089 By Councilman Bennett, seconded by Councilman Ventura, it was #940-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 30, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of Welcor, Inc. , 21760 Coolidge, Oak Park, Michigan 48237, for supplying the City (Engineering Division) with one White Print Machine for the price of $3,257.00, less trade-in of $200.00, or a total price of $3,057.00, 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. *Councilman Raymond was excused at 9:45 P M. By Councilman Ventura, seconded by Councilman Taylor, it was #94+1-79 RESOLVED, that having considered a communication dated September 12, 1979 from the City Planning Commission which transmits its resolution 9-166-79, adopted on September 11, 1979, with regard to Petition No imo ?9-7-2-18 submitted by Wing Yee requesting waiver use approval to operate a restaurant within an existing building in the Newburgh Shopping Plaza on the Southeast Corner of Six Mile Road and Newburgh in the Northwest 1/4 of Section 17, the Council does hereby determine to concur in the recommenda- tion made by the City Planning Commission and Petition No. 79-7-2-18 is hereby approved and granted, such approval to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission A roll call vote was taken on the foregoing resolution with the following result- AYES: Bennett, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None *Councilman Raymond returned at 9 46 P M By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, this 914th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9.47 P. M. , September 12, 1979. • 4‘"61:4(,?, • • / ADDISON W. :, •sN, CITY CLERK