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HomeMy WebLinkAboutCOUNCIL MINUTES 1978-01-18 16792 L MINUTES OF THE EIGHT HUNDRED AND SEVENTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 18, 1978, 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 8:14 P. M. . Councilman Brown delivered the invocation. Roll was called with the following result: Present--Robert E. McCann, Robert F. Nash, Jerry H. Brown, Jerry Raymond, Robert D. Bennett, Robert R. Bishop and Peter A. Ventura. Absent--None. Elected and appointed officials present: Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk, Frances S. Stem, Deputy City Clerk; Harry C. Tatigian, City Attorney; Jack Dodge, Director of Finance, Ronald Mardiros, City Assessor, Daniel Gilmartin, Industrial Coordinator, Robert Osborn, Director of Public Works, L John T. Dufour, Superintendent of Parks and Recreation; Robert Turner, Police Chief, John Nagy, City Planner; G. E. Siemert, City Engineer; James Miller, Personnel Director; Daniel Andrew, Planning Commission, and Michael Reiser of the Water and Sewer Board. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #21-78 RESOLVED, that the minutes of the 874th Regular Meeting of the Council of the City of Livonia, held January 4+, 1978, are hereby approved. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #22-78 RESOLVED, that the City Council, for and on behalf of the City of Livonia, does hereby accept the gift of a portrait of the late Mr. Harry A. Wolfe, a former official of the City of Livonia, serving as its first President of the Council and as its Township Clerk, and takes this means to indicate its sincere appreciation to the family of LMr. Harry A. Wolfe for making this presentation. The President announced the appointment of the following Committees: 16793 Finance and Insurance Committee- Robert F. Nash, Chairman Robert D. Bennett Peter A. Ventura Water Supply, Drainage, Sewage & Peter A. Ventura, Chairman Waste Disposal Study Committee: Robert F. Nash Jerry H. Brown Streets, Roads & Plats Committee: Robert R. Bishop, Chairman Jerry Raymond Jerry H. Brown School Board and City Council Jerry Raymond, Chairman Joint Committee Robert F. Nash Peter A. Ventura Capital Improvement Committee: Jerry H. Brown, Chairman Robert D. Bennett Robert R. Bishop Legislative Committee Robert D. Bennett, Chairman Robert R. Bishop Jerry Raymond. By Councilman Brown, seconded by Councilman Nash, it was #23-78 RESOLVED, that having considered a communication from the Water and Sewer Board, dated December 8, 1977, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits its resolution #WS 2239 11/77, the Council does hereby determine to accept the following bids for Water Meters and Water Read- ing Devices inasmuch as they are in fact the lowest bids received which meet all specifications: 1. METERS WITH REMOTE READING DEVICE BIDDER MEETING SPECIFICATIONS A. Magnetic Drive Type (with conn. ) Rockwell Int. Corp. Size Bid Price 340 Shore Drive 5/8" $ 37.25 Hinsdale, Illinois 60521 3/4" 52.00 1 " 75.00 A. 1-1/2" 138.50 Carlon Meter Co. 715 Robbins Rd. Grand Haven, Michigan 49417 B. Compound Meters (With Remote Rockwell Int. Corp. Reading Device) 340 Shore Dr. Size Bid Price Hinsdale, Illinois 60521 2"- $390.85 3" 598.85 4" 998.85 6" 1,978.85 B. 8" 2,189.80 Badger Meter Company 10" 3,274.80 4545 W. Brown Deer Road Milwaukee, Wisconsin 53223 16794 L 2. Full Flow Meters (W/Compound By-Pass Meter and Remote Reader - 10' Cable) Hersey Products, Inc. Size Bid Price 250 Elm Street 7'r' $1,737.00 Dedham, Massachusetts 02026 6" 2,740.00 8" 4,136.00 10" 6,596.00 3. Detector Check (With By-Pass Meter with Remote Reader - 10' Cable MODEL DC MODEL EDC Size Bid Price Bid Price Hersey Products, Inc. -x 5/8" $ 587.00 $ 443.00 250 Fpm Street 4" x 1 " 655.00 Dedham, Massachusetts 02026 6" x 5/8" 834.00 630.00 6" x 1 1/2" 1,038.00 8" x 5/8" 955.00 8" x 1 " 1,363.00 1,054.00 8" x 1 1/2" 1,503.00 8" x 2 If 1,637.00 10" x 1 " 2,390.00 10' x 2 " 2,615.00 10" x 12" x 2" 2,869.00 4. New Meters with Remote Reading Device A. Magnetic-Drive Type (With Conn. ) and Bronze Chambers Size Bid Price 5/8" $ 33.75 Rockwell Int. Corp. 3/4" 47.50 340 Shore Drive 1 " 69.00 Hinsdale, Illinois 60521 A. 1 1/2" 128.40 Carlon Meter Co. 715 Robbins Road Grand Haven, Michigan 49417. A roll call vote was taken on the foregoing resolution with the following result AYES: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS. None. By Councilman Bennett, seconded by Councilman Brown, it was x#24-78 RESOLVED, that the Council does hereby determine to rescind and repeal Council resolution *412-75, adopted on May 21, 1975, wherein the Council did approve the issuance of a new SDM license to be located at 29925 Plymouth Road, Livonia, Michigan, pursuant to an application sub- mitted by Mr. Walter A. Goodman, 1639 Apple Lane, Bloomfield Hills, L Michigan, and Mr. Lado Demeter, 3 Asby Lane, Dearborn, Michigan, on behalf of Demeter & Goodman Company, a Michigan corporation, the action herein being taken for the reason that the said applicants have failed to take any action to implement the use of the said SDM license; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. 16795 A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Bennett, Ventura, Nash, Bishop, McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Nash, it was *25-78 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated September 8, 1977, and the report and recommendation of the Chief of Police, dated December 8, 1977, with respect to a request from Lawrence Joel Epstein and Sara Epstein for a new SDM License to be located at 29921 Plymouth Road, Livonia, Michigan, the Council does hereby determine that it has no objection to and does recommend approval of the said request, 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: Brown, Raymond, Bennett, Ventura, Nash and McCann. NAYS• Bishop. The President declared the resolution adopted. The item on the agenda with respect to the Final Plat approval of Louis Nelson Industrial Subdivision was removed and will be considered at such time as the mylars are filed with the City Clerk. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING CHAPTER 15 THERETO. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Bishop, it was #26-78 RESOLVED, that having considered a communication from the Department of Law dated December 6, 1977, approved by the Director of Public Works and approved for submission by the Mayor and which transmits an Agreement for the employment of the firm of Rails- Hamill Architects, Incorporated, 33900 Schoolcraft Road, Livonia, Michigan, for architectural services to be performed in connection ...16796 with providing barrier-free facilities in the Senior Citizens Center which Agkeement has been approved by the City Engineer, the Director of Public Works, the Finance Director and approved as to form by the Department of Law, the Council does hereby authorize the Mayor and City Clerk to execute the aforesaid Agreement for and in behalf of the City of Livonia, in the manner and form herein submitted; further, the Council does hereby appropriate and authorize the expenditure of the sum of $1,500.00 from the Title V Federal grant funds for the purpose of making monthly payments to the aforesaid architectural firm in accord- ance with the provisions of Article 6 of the aforesaid Agreement; and the Mayor, 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: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Brown, it was #27-78 RESOLVED, that having considered a communication from the City Engineer, dated December 19, 1977, approved by the Chairman of the Historical Commission and the Director of Public Works, and approved as to form by the City Attorney, and approved for submission by the Mayor, to which is attached a proposed Grant of Easement wherein the City of Livonia would convey to the Consumers lower Company, a Michigan corpora- tion, an easement for gas main facilities, the legal description of which is as follows: The South 20 feet of the North 530 feet of the East 900 feet of the following described parcel of property located in part of the NE 1/4 of Section 6, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan being the NE 1/4+ of Section 6 excepting the West 737 feet also excepting the North 60 feet also excepting the east 60 feet. the Council does hereby authorize the Mayor and the City Clerk, for and on behalf of the City of Livonia, to execute the Grant of Easement in the manner and form indicated in the aforesaid communication, as well as to do all other things necessary or incidental to the full perform- ance of this resolution. A roll carr vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was 16797 028-78 RESOLVED, that having considered a communication from the City Engineer dated December 5, 1977, which bears the signature of the Finance Director, is approved by the City Attorney, the Chairman of the Water & Sewer Board, and the Director of Public Works, and approved for submission by the Mayor, to which is attached a copy of an engineer- ing agreement between the City of Livonia and Orchard, Papke, Hiltz & McCliment, Inc. of Livonia, Michigan, and Hubbell, Roth & Clark, Inc. of Bloomfield Hills, Michigan, for completing a Step I Facilities Planning Study for the City of Livonia, which agreement has been reviewed and approved for use by the Wayne County Department of Public Works, the Council does hereby authorize the Mayor and the City Clerk to affix their signatures to such contract for and on behalf of the City of Livonia, subject to the City obtaining the federal and state grants referred to in the aforesaid communication, 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: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, it was 029-78 RESOLVED, that having considered a communication from the City Engineer dated December 21, 1977, approved by the Director of Public Works and approved for submission by the Mayor, to which are attached Requests for Payments, Nos. 7 and 8, from R. E. Dailey & Company, Construction Manager, for the Civic Center Municipal Building, dated November 7, 1977 and December 13, 1977, respectively, and which are for the periods ending October 31, 1977 and November 30, 1977, a summary of which is as follows: Request for Payment No. 7 a. Construction Management Fee $ 9,993.57 b. Reimbursable Costs 1,370.43 $11,364.00 Request for Payment No. 8 a. Construction Management Fee 11,359.50 b. Reimbursable Costs 1,671.21 $13,030.71 the Council does hereby authorize the payment of the payment requests as submitted by R. E. Dailey & Company in the amounts and in the manner indicated; and the City Clerk and the 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: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. 16798 By Councilman Ventura, seconded by Councilman Bishop, it was #30-78 RESOLVED, that having considered a communication from the City Engineer and the Supt. of Parks and Recreation, dated December 2, 1977, which bears the signature of the Finance Director and is approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby authorize and request the City Clerk to make application to the Detroit Edison Company, on forms provided by such Company, for the installation of three (3) 175-watt Mercury Vapor lights with underground wiring within the Blue Grass Farms Park located in Section 18, in the City of Livonia, Michigan, it being the determination of the Council that such lighting is required in order to protect the public safety of the residents of the community. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was #31-78 RESOLVED, that having considered a communication from the City Engineer dated December 12, 1977 which bears the signature of the Finance Director, is approved by the Director of Public Works, and approved for submission by the Mayor, and wherein the proposed 1978 Concrete Joint and Crack Sealing Program of approximately 17-1/2 miles of streets is detailed as follows: Location Estimated Cumulative Cost Est.Cost Section 16-- Coventry Gardens West Subdivision $ 4,400 $ 4,400 Section 17-- Golf View Meadows Sub. Nos. 1 & 2, Judson Gardens Sub. Nos. 1, 2, 3 & 4 45,400 49,400 Section 18-- Greenwood Farms Sub. and Blue Grass Farms Sub. 32,000 81,800 Section 22-- Brookfield and Fairfield Avenues, south of Five Mile, Taylor Gardens Sub., portion of Kimberly Oaks Sub. (north of Lyndon), Kimberly Oaks Subs. 2, 3 and 4, and Young & Yagoda Subdivision 74,500 156,300 Section 26-- Industrial Road between Merriman and Middle Belt and Sears Road, north of Plymouth 19,000 175,300 the Council does hereby determine to approve the said program in the manner and form herein submitted and to authorize the Engineering Divi- sion to prepare plans and specifications hnd thereafter take bids for submission to Council. 16799 A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #32-78 RESOLVED, that the Council having adopted resolution #758-77 at its regular meeting held on August 17, 1977, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed Livonia Hills Estates Subdivision street paving improve- ment, located in the North 1/2 of Section 6, City of Livonia,Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications„ and recommendations have been properly filed by the City Engineer with the City Clerk under date of December 21, 1977, and that there has been a full compliance with all of the provi- sions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, April 3, 1978, at 8 00 P. M., as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code By Councilman Brown, seconded by Councilman Nash, it was WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of apdroximately 4.60 acres lying north of Plymouth Road and south of the C & 0 Railway right of way, and east of Merriman Road, as more particularly described in the attachment to the applica- tion which is hereby incorporated by reference and hereinafter referred to as "Proposed City of Livonia Industrial Development District No. 2" (Parcel B), NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows. 16800 1. The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No. 2. 2. This City Council sets Monday, April 3, 1978, at 8:00 p.m. as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above. 3. This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above. A roll call vote was taken on the foregoing resolution with the following result: ***-*'* AYES: Brown, *Raymond, Ventura and Nash. NAYS- Bennett, *Bishop and McCann. ***** At this point, the President declared the foregoing resolution duly adopted, but it was subsequently reconsidered and denied. *Councilman Raymond made the following statement: A petitioner has the right, in my opinion, to have a hearing. *Councilman Bishop made the following statement. I believe that a public hearing on such a petition is a signal to the community at large that this is a viable route in the City of Livonia. By Councilman Raymond, seconded by Councilman Bennett, it was #33-78 RESOLVED, that the Council does hereby determine to reconsider their action taken earlier in this meeting which established a date for a Public Hearing on a request for an Industrial Development District for Livonia Industrial Contractors. A roll call vote was taken on the motion to reconsider with the following result: AYES- Raymond, Bennett, Bishop and McCann. NAYS Brown, Ventura and Nash. The President declared the motion to reconsider, adopted. By Councilman Raymond, seconded by Councilman Bennett, it was 16801 RESOLVED, that having considered a communication from the lb* President of Livonia Industrial Contractors, Inc. , Owner, and William N. Ponder, attorney for Cera International Corp., petitioner-applicant, dated January 3, 1978, which submits an application proposing the establishment of an Industrial Development District on certain property located in Section 26, being 4.60 acres in size, in the City of Livonia, Michigan, in accordance with the provisions set forth in 1974 PA 198, as amended, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result• AYES. Raymond, Bennett and Bishop. NAYS. Brown, Ventura, Nash and McCann. The President declared the motion DENIED. A roll call vote was taken on the original resolution with the following result: AYES. Brown, Ventura and Nash. NAYS. Raymond, Bennett, Bishop and McCann. The President declared the resolution DENIED. By Councilman Raymond, seconded by Councilman Ventura, it was #34-78 RESOLVED, that having considered a communication from the President of Livonia Industrial Contractors, Inc., Owner, and William N. Ponder, attorney for Cera International Corp., petitioner-applicant, dated January 3, 1978, which submits an application proposing the establishment of an Industrial Development District on certain property located in Section 26, being 4.6o acres in size, in the City of Livonia, Michigan, in accordance with the provisions set forth in 1974 PA 198, as amended, the Council does hereby determine to refer the same to the Study Session to be conducted on February 20, 1978. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Bennett, Bishop and Ventura. NAYS• Brown, Nash and McCann. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #35-78 RESOLVED, that having considered a communication from the Personnel Director dated December 14, 1977, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission adopted on December 1, 1977 wherein it is recommended that the salary rate for the classifi- cation of Assistant Chief Accountant be adjusted so as to provide as follows 16802 Classification Annual Maximum Cost of Living Assistant Chief Accountant $22,963.20 + $520.00 the Council does hereby determine to refer this item to the Finance and Insurance Committee for its report and recommendation. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #36-78 RESOLVED, that having considered a communication from the Personnel Director, dated December 13, 1977, approved by the Finance Director and approved for submission by the Mayor which transmits a resolution adopted by the Civil Service Commission on November 17, 1977, wherein it is recommended that the salary rates for the City Engineer and the Planning Director be adjusted as follows : Classification Proposed Annual Maximum City Engineer $32,406.40 Base Rate + 520.00 COLA $32,926.40 Total City Planning Director 32,406.40 Base Rate 520.00 COLA $32,926.40 Total the Council does hereby determine to refer this item to the Finance and Insurance Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Brown, it was #37-78 RESOLVED, that having considered a communication from the Personnel Director dated December 6, 1977, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on November 17, 1977 wherein it is recommended that the Great West life and accidental death and disability coverage for PPT employees, be increased from the current $3500 flat rate to a rate equal to one-half that of the coverage pro- vided full-time employees who are paid at the same hourly rate of pay, the Council does hereby determine to concur in and approve of such action and for this purpose does hereby appropriate and authorize the expenditure of a sum not to exceed $224.64 from the Unexpended Fund Balance Account. A roll call vote was taken on the foregoing resolution with the following result AYES• Brown, Raymond, Bennett, Bishop and Ventura. NAYS: Nash and *McCann. The President declared the resolution adopted. *Councilman McCann made the following statement I would prefer to see this item referred to the Finance Committee. 16803 By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #38-78 RESOLVED, that the Council does hereby refer to the Finance and Insurance Committee for its report and recommendation the subject of providing PPT employees with life and accidental death and disability insurance coverage. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #39-78 RESOLVED, that having considered a communication from the Hearing Officer, dated December 19, 1977, approved for submission by the Mayor, with respect to a request to demolish a building located at 28450 Joy Road, Livonia, Michigan, the legal description of which is as follows• Parcel 36G4A1A Bi Cl - E. 133 ft. of S 300 ft of SW 1/4 Section 36, T. 1 S. , R. 9 E. , Exc E 43 ft, also Exc S 60 ft. 0.50 Ac and a hearing having been conducted by the Hearing Officer on December 14, 1977 at the conclusion of which, based upon the testimony and evidence presented, it having been the determination of the Hearing Officer that the said structure should be demolished inasmuch as it represents a hazard and danger to the public health, safety and welfare, the Council does hereby determine, in accordance with the provisions set forth in Section 3-128 of the Livonia Code of Ordinances, that a hearing shall take place before the City Council of the City of Livonia on Wednesday, February 15, 1978 at 7.45 P. M., at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, FURTHER, the City Clerk is hereby requested to, no less than ten days prior to the aforesaid date of the said hearing, cause to have a notice in writing of the aforesaid hearing to be mailed by certified mail, return receipt requested, addressed to the owner or agent thereof, or person in control of such building or structure and the mortgagee of record or lienholders of record, and if no such party or parties can be located, then the notice shall be directed to each owner of or party in interest in the building or structure in whose name the property appears on the last local tax assessment records; AND, FURTHER, the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #40-78 RESOLVED, that having considered a communication from the Livonia Commission on Children and Youth, dated December 29, 1977, approved by the Mayor, wherein it is proposed that SEMTA be requested to establish a new Dial-A-Ride system for young people on a reduced fare basis, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. 16804 By Councilman Bishop, seconded by Councilman Nash, it was 441-78 RESOLVED, that having considered a communication from the CETA Program Administrator, dated December 15, 1977, approved by the Finance Director and approved for submission by the Mayor, to which is attached a CETA contract for auto mechanic training at Schoolcraft Community College, the Council does hereby authorize the Mayor and the City Clerk to execute the said Contract No. 69 (revised) for and on behalf of the City of Livonia in the manner and form herein submitted, as well as to 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: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS• None. By Councilman Bishop, seconded by Councilman Nash, it was #42-78 RESOLVED, that having considered a communication from the CETA Program Administrator, dated January 4, 1978,approved by the Finance Director and approved for submission by the Mayor, to which is attached a proposed CETA Vocational Education Contract for secretarial training with the Pontiac Business Institute, a Michigan Corporation, the Council_ does hereby determine to authorize the Mayor and the City Clerk for and on behalf of the City of Livonia to execute the said Contract No. 96 in the manner and form herein submitted, as well as 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: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. The communication dated December 12, 1977 from the Engineering Division, regarding the Final Cost with respect to the 1977 Concrete Joint and Crack Sealing Program, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Brown, it was #'43-78 RESOLVED, that having considered a communication dated January 3, 1978 from the Department of Law, transmitting for Council acceptance a Grant of Easement dated December 14, 1977, executed by Vesna Margulis, which Grant conveys to the City an easement to be used in connection with the installation of a sanitary sewer system in Windridge Village Subdi- vision, and which easement is more particularly described as follows. The North 25 feet of the West 25 feet of the East 195 feet of the South 310 feet of the East 1/2 of the West 1/2 of the Southeast 1/4 of Section 4, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan (a portion of Wayne County Bureau of Taxation Parcel 041I1b2a1), 16805 the Council does hereby for and on 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 Wayne County Register of Deeds 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: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS• None. By Councilman Raymond, seconded by Councilman Ventura and unanimously adopted, it was #44-78 RESOLVED, that having considered a communication from the Historical Commission dated December 1, 1977, approved for submission by the Mayor, to which is attached a listing of the admissions, monetary contributions, and items contributed during the period July 1, 1977 through November 30, 1977, to the Livonia Historical Commission in be- half of the City of Livonia, the Council does hereby determine to accept the said admissions, monetary contributions and donated items in the manner and form herein submitted. By Councilman Nash, seconded by Councilman Bishop, it was #45-78 RESOLVED, that having considered a communication dated December 6, 1977, from the City Planning Commission which transmits its resolu- tion #11-256-77, adopted on November 22, 1977, with regard to Petition #77-10-2-23 submitted by Michael Niemen requesting waiver use approval to establish a Class C Liquor Licensed operation within an existing building, on property zoned C-2, located on the south side of Plymouth Road at the intersection of Ann Arbor Road, in the Northwest 1/4 of Section 32, the Council does hereby determine to concur in the recom- mendation made by the City Planning Commission and Petition #77-10-2-23 is hereby approved and granted, such approval to be based upon the same condition as is set forth in the aforementioned recommendation of the City Planning Commission, as well as the additional condition that six (6) trees of both deciduous and conifer varieties be placed between the building and the front property line in a manner approved by the City Planning Department, such trees to be planted no later than June, 1978. A roll call vote was taken on the foregoing resolution with the following result AYES Bennett, Bishop, Ventura, Nash and McCann. NAYS: Brown and Raymond. The President declared the resolution adopted. *Councilman Raymond was excused at 8:45 p. m. By Councilman Brown, seconded by Councilman Bishop, it was 16806 #46-78 RESOLVED, that having considered a communication dated December 30, 1975 from the City Planning Commission which sets forth its resolution 41.2-289-75 adopted on December 16, 1975 with regard to Petition #75-10-2-29 submitted by Robert A. Rainko requesting waiver use approval to construct and operate a restaurant on property zoned C-2, located on the east side of Farmington Road between Eight Mile Road and Norfolk in Section 3, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition No. 75-10-2-29 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommenda- tion of the Planning Commission, except that the approval herein is based on compliance with revised Site Plan dated January 14, 1978. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #47-78 RESOLVED, that having considered a communication dated December 30, 1975 from the City Planning Commission which transmits its resolution #12-288-75, adopted on December 16, 1975 in regard to Peti- tion #75-10-2-28 submitted by Robert A. Rainko requesting waiver use approval to operate a Class C Liquor Licensed Establishment on property zoned C-2, located on the east side of Farmington Road, between Eight Mile Road and Norfolk, in Section 3, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition #75-10-2-28 is hereby approved and granted, such approval to be based upon the same conditions as are set forth in the recommenda- tion of the Planning Commission, except that the approval herein is based on compliance with revised Site Plan dated January 14, 1978. A roll call vote was taken on the foregoing resolution with the following result• AYES Brown, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #48-78 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated October 28, 1975, with regard to an application from Attorney Angelo A. Plakas, 29484 Ford Road, Garden City, Michigan, on behalf of The Leather Bottle Inns, Inc., for a new full year Class C License to be located at 20314-20310 Farmington Road, 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. 16807 2. That the license will be used at the location indicated by the applicant in accordance with plans and other L communications submitted to the Council. 3. That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 4. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. 5. That a police report will be submitted to the Council. In the event that the applicant fails to comply with any of the afore- said conditions in any manner whatsoever, this approval shall immediate- ly 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 Michi- gan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. L *Councilman Raymond returned at 9 00 P. M. By Councilman Nash, seconded by Councilman Bishop, it was #49-78 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated December 20, 1977, submitted pursuant to Council resolution #1035-76, in connection with a communication from the Personnel Director, dated October 27, 1976, approved by the Finance Director, and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Com- mission on August 26, 1976, wherein it is recommended that the classifi- cation of Personal Property Tax Collector be established on a full-time basis with the following salary range: Minimum Step 1-1/2 Step 2 Step 3 Step 4 Maximum Annual 12,355.20 $12,625.60 $12,833.60 $13,395.20 $13,977.60 $14,560.00 Bi-wkly 475.20 485.60 493.6o 515.20 537.6o 560.00 Houely 5.94 6.07 6.17 6.44 6.72 7.00 the Council does hereby determine to concur in and approve of said action, to be effective as of December 1, 1977. LA roll call vote was called on the foregoing resolut:icn with the following result: AYES. Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. 16808 By Councilman Nash, seconded by Councilman Bennett, it was #50-78 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated December 20, 1977, submitted pursuant to Council resolution #784-77, in connection with a communication from the Livonia Historical Commission, dated July 16, 1977, approved for submission by the Mayor, which recommends a revision in the admission fee structure for Quaker Acres as well as establishing a fee structure for the Hill House Museum, the Council does hereby determine to approve a visitor fee schedule for the Hill House Museum only, at Greenmead, as follows . Classroom tours and accompany adults Free Children under 10 years of age Free Students 10-18 years of age $ .25 Adults 1.00 Accompanying adults in groups of 10 or more children (excluding classrooms) $ .25 each adult A roll call vote was taken on the foregoing resolution with the following result AYES Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #51-78 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated December 20, 1977, submitted pursuant to Council resolution #873-77, in connection with a communication from the Department of Law and the Chief Building Inspector, dated September 6, 1977, concerning the proposed amendment to the Livonia Code of Ordinances (Building Codes), the Council does hereby request that the Department of Law submit its opinion on the following matters. 1. Whether or not the City may adopt a separate ordinance establishing plumbing, heating, refrigeration, electrical and building inspection fees which may be incorporated in the Building Code by reference, and 2. In the event of a partially revised fee schedule, whether or not the entire schedule must be published or only those fees which have been revised. Councilman Nash gave first reading to the following Ordinance: 16809 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 NO. 77-4-1-9 FOR CHANGE OF ZONING FROM RUF TO C-2. 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 foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Nash 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. 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 foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #52-78 RESOLVED, that having considered a communication from the City Treasurer, dated December 13, 1977, which submits a quarterly report relative to all deposits of the City in its general depositories for the period September 1, 1977 through November 30, 1977, the Council doe.:; hereby determine to refer the same to the Finance and Insurance Commit- tee for its report and recommendation. By Councilman Nash, seconded by Councilman Bennett, it was #53-78 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated January 11, 1978, sub- mitted pursuant to Council resolution #1103-77, in connection with a communication from the Mayor, dated November 15, 1977, with regard to proposed salary adjustments for various appointed officials, the Council does hereby determine to establish maximum salary rates for the follow- ing appointed positions, retroactive to and commencing from December 1 , 1977 16810 Annual Maximum Salary City Assessor $28,500.00 Director of Public Works 30,846.00 Director of Finance 30,846.00 Director of Admistrative Services 18,400.00 Director of Community Resources 24,500.00. A roll call vote was taken on the foregoing resolution with the following result: AYES• Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bennett, it was RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated January 11, 1978, submit- ted pursuant to Council resolution #1104-77, in connection with a communication from the City Clerk dated November 21, 1977 with respect to a proposed salary adjustment for the Deputy City Clerk based upon an increase of 2%, plus a cost-of-living adjustment of 25 cents per hour, the Council does hereby determine to take no further action at this time. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #54-78 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated January 11, 1978, submit- ted pursuant to Council resolution #1104-77, in connection with a communication from the City Clerk dated November 21, 1977, with respect to a proposed salary adjustment for the Deputy City Clerk based upon an increase of 2%, plus a cost-of-living adjustment of 25 cents per hour, the Council does hereby determin4 to refer the same to the Committee of the Whole for further consideration. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #55-78 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated January 11, 1978, submit- ted pursuant to Council resolution #1130-77, with regard to the question of a salary adjustment for the classification of Administrative Assistant to the Council, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. By Councilman Raymond, seconded by Councilman BErnatt., it.was #56-78 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated January 11, 1978, submitted pursuant to Council resolution #396-77, approved by 16811 the Finance Director and approved for submission by the Mayor, which L transmits a resolution adopted by the Civil Service Commission on March 22, 1977 wherein it is recommended that a salary adjustment be made for the position of Personnel Director, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. A roll call, vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Bennett, Bishop, Ventura and McCann. NAYS: Nash. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Raymond and unanimously adopted, it was #57-78 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. Councilman Ventura took from the table for second reading and L adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 21 ©?!' THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE- PETITION NO. 77-5-1-13 FOR CHANGE OF ZONING FROM R-2 TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was L #58-78 WHEREAS, fire fighters in the City of Livonia currently are employed on the basis of a 56 hour work week, and 16812 WHEREAS, the Michigan Legislature is presently considering the adoption of House Bill 4721 which would limit a fire fighter's work week to 50.4 hours and. Senate Bill 1174 which would mandate time-and-one- half overtime pay for a fire fighter for any hours beyond 51 worked in a week; and WHEREAS, the dollar cost of either of these bills, if enacted into law, will require this City either to reduce the fire protection service now being provided its citizens or, in the alternative, place a burden of additional labor 'costs on an already strained City budget, and WHEREAS, either of these bills, if enacted into law, would abrogate the right of this City and others to bargain collectively with their employees with respect to working hours, and terms and conditions of employment, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia, does hereby take this means to voice its protest and opposition to the enactment of House Bill 4721 and. Senate Bill 1174 and urges that State Senator Robert Geake and. State Representatives Robert Law and Jack Kirksey, as well as all other members of the State Legis- lature, extend their best efforts to defeat this proposed legislation. BE IT FURTHER RESOLVED, that the City Clerk is hereby requested to forward a copy of this resolution to Governor Wi11in . G. Milliken, to State Senator Robert Geake, to State Representatives Robert Law and Jack Kirksey, and to other communities in Wayne County. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was 459-78 BE IT RESOLVED BY the City Council of the City of Livonia that H. Patrick O'Neill, Civil Defense Director is hereby authorized to execute for and in behalf of the City of Livonia, a public entity established under the laws of the State of Michigan, this application and to file it in the appropriate State office for the purpose of ob- taining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund THAT City of Livonia, a public entity established under the laws of the State of Michigan, hereby authorizes its agent to provide to the State and to he Federal Disaster Assistance Administration (FDAA), Department of Housing and. Urban Development (HUD) for all matters pertaining to such Federal disaster assistance the assurances and agree- ments printed on the reverse side hereof. At 9:30 p. m. , a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. 16813 On motion of Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, this 8?5th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:40 P.M., January 18, 1978. ADDISON BAC. , City Clerk