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HomeMy WebLinkAboutCOUNCIL MINUTES 1979-05-09 17776 L MINUTES OF THE NINE HUNDRED AND SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 9, 1979, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:10 P. M. . Councilman Nash delivered the invocation. Roll was called with the following result: Present--Robert E. McCann, Robert F. Nash, Gerald Taylor, Robert D. Bennett, Robert R. Bishop, Peter A. Ventura and *Jerry Raymond. Absent--None. Elected and appointed officials present: Mayor Edward H McNamara; Addison W. Bacon, City Clerk; Frances S Stem, Deputy City Clerk; Harry C. Tatigian, City Attorney; Jack Dodge, Finance Director; John Nagy, City Planner; Robert Turner, Police Chief; G. E. Siemert, City Engineer; Russell Gronevelt, Superintendent of iwwPublic Service; Ronald Mardiros, City Assessor; Michael Reiser, Chairman, Water and Sewer Board; Ronald R. Reinke, Acting Superintendent of Parks & Recreation; George Murphy, Public Service Division; and Robert H. Stokes, Park Maintenance Supervisor. By Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #391-79 RESOLVED, that the minutes of the 905th Regular Meeting of the Council of the City of Livonia, held April 25, 1979, are hereby approved. The communication from the Department of Law dated April 23, 1979 with respect to City of Lansing vs Michigan Department of Labor (CR 322-79) was received and placed on file for the information of the Council. The communication from the Director of Finance dated April 18, 1979 transmitting various financial statements of the City of Livonia for the month ending March 31, 1979, was received and placed on file for the information of the L. Council. 17777 Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 35 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 78-4-1-21 FOR CHANGE OF ZONING FROM R-1 TO C-1. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Ventura and McCann. NAYS: Nash, Bennett and Bishop. The President declared the foregoing Ordinance DENIED. Councilman Bennett took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 17.04 OF ARTICLE XVII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (RE: PETITION 77-2-6-3) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 18.58 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (RE: PETITION 78-1-6-2) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. 17778 The President declared the foregoing Ordinance duly adopted, and would become Leffective on publication. Councilman Bennett took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 4.04 OF ARTICLE IV OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (RE: PETITION 78-7-6-9) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Bishop, seconded by Councilman Nash, it was #392-79 RESOLVED, that having considered communications from the Director of Finance, dated April 5, 1979, April 12, 1979 and April 20, 1979, approved for submission by the Mayor, the Councildoes hereby determine to authorize the purchase of Gasoline from Texaco, Inc. , effective March 29, 1979, April 4, 1979 and April 10, 1979 at the following unit prices: 3/29/79 4 4 9 4/10/79 Regular - Less than 4,000 Gals. .592/Gal. 02 Gal. .622/Gal. Regular - More than 4,000 Gals. .540/Gal. .550/Gal. .570/Gal. Lead Free - Less than 4,000 Gals. .6395/Gal. .6495/Gal. .6695/Gal. Lead Free - More than 4,000 Gals. .5835/Gal. .5935/Gal. .6125/Gal. said prices being made in accordance with Federal Government Regulations; further, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communications, and such action is taken in accordance with the provisions set forth in Section 2-213 (d)(5) of the Livonia Code of Ordinances; and all prior resolutions in conflict herewith are hereby repealed, amended, or revised to the extent necessary to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: 160 AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, it was 17779 #393-79 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated April 6, 1979, approved for submission by the Mayor, and which transmits bids received for the City's printing, the Council does hereby accept the unit price bids of Curtis 1000, P. 0. Box 41, Farmington, Michigan 48021, with respect to the printing of envelopes, and the unit price bids of Compton Printing Company, Inc., 32349 Eight Milt, Road, Livonia, Michigan 48152, with respect to the printing of Letterhead, Ordinances, Various Forms, Card Stock and Bookmarks, as shown on the attachment, inasmuch as the aforesaid bids are the lowest bids received for these items and meet specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #394-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated April 11, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of Eppert Oil Company, 9100 Freeland, Detroit, Michigan 48228, for supplying the City (Public Service Division - L. Equipment Maintenance Section) with Motor and Hydraulic Oil for the unit prices set forth in the attachment, and for an estimated total amount of $4,672.80, inasmuch as the same is the lowest bid received and meets the specifications in the manner indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #395-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated April 6, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the unit price bid of 3M Company, 3M Center, St. Paul, Minnesota 55101, for Traffic Sign Faces, Letters and Roll Goods for the period through May 31, 1980, and for the estimated total amount of $37,386.25, inasmuch as the same is the lowest bid received which meets specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was 17780 By Councilman Nash, seconded by Councilman Bishop, it was #396-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated March 22, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Wm. F. Sell Son, Inc. , 16555 S Telegraph Road, Taylor, Michigan 48180, for supplying the City (Public Service Division - Park Maintenance Section) with one (1) Lawn and Garden Tractor with Attachments for a net price of $2,997.70 ($3,422.70 less trade-in of $425.00), inasmuch as the same is the lowest bid received which meets specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #397-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated April 6, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Gerard Trailer, 20534 Beatrice, Livonia, Michigan 48152, for supplying the City (Public Service Division - Equipment Maintenance Section) with one (1) Double Axle Lowbed Trailer for a total price of $3,000.00, inasmuch as the same was the lowest and only bid received and meets specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bennett, it was #398-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated April 20, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of AIR Contruction Equipment Corporation, 56555 Pontiac Trail, New Hudson, Michigan 48165, for supplying the City (Public Service Division - Equipment Maintenance Section) with one (1) Heavy Duty Articulating Road Grader including all wheel drive option (John Deere Model 672A) , for a net price of $67,900 00 ($70,800.00 less trade-in of $2,900.00), inasmuch as the same was the lowest bid received which meets specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. 17781 By Councilman Taylor, seconded by Councilman Bennett, it was #399-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated March 27, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Lawn Equipment Corporation, 520 W Eleven Mile Road, Royal Oak, Michigan 48067, for supplying the City (Public Service Division - Park Maintenance Section), with one (1) 7-Gang Fairway Mower Unit W/Frames, for a total price of $5,485.00, inasmuch as the same was the lowest bid received which meets specifications; and the bid of Wilkie Turf Equipment Division, Inc. is hereby rejected for the reasons indicated in the afore- said communication with attachment. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Bishop, it was #400-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated March 27, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of W. F. Miller Company, 1593 S Woodward, Birmingham, Michigan 48011, for supplying the City (Public Service Division - Park Maintenance Section) with one (1) 200 Gallon Hydraulic Sprayer for a total price of $2,900.00, the same having been in fact the lowest bid received meeting specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #401-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated March 22, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Wilkie Turf Equipment Division, Inc. , 1050 Opdyke Road, Pontiac, Michigan 48056, for supplying the City (Public Service Division - Park Maintenance Section) with one (1) self-propelled Aerator for a net price of $3,795.00 ($4,045.00 less trade-in of $250.00), the same having been in fact the lowest and only bid received and meets specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. 17782 By Councilman Bishop, seconded by Councilman Bennett, it was #402-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated April 6, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of W. F. Miller Company, 1593 S. Woodward, Birmingham, Michigan 48011, for supplying the City (Public Service Division - Park Maintenance Section) with one (1) Greens and Tees Seeder for a total price of $2,310.00, the same having been in fact the lowest and only bid received and meets specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. *Councilman Bishop was excused at 8:35 P. M. By Councilman Taylor, seconded by Councilman Bennett, it was #403-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated March 27, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Wilkie Turf Equipment Division, Inc. , 1050 Opdyke Road, Pontiac, Michigan 48056, for supplying the City (Public Service Division - Park Maintenance Section) with five (5) 50" Front Mounted Rotary Mowers for a net price of $17,400.00 ($18,825.00 less trade-ins of $1,425.00), inasmuch as the same was the lowest bid received which meets specifications for this item, and the bid of Commercial Mower Replacement Parts, Inc. is hereby rejected for the reasons indicated in the aforesaid communication with attachment. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Ventura and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #404-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated March 27, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Lawn Equipment Corporation, 520 W. Eleven Mile Road, Royal Oak, Michigan 48067, for supplying the City (Public Service Division - Park Maintenance Section) with one (1) 72" Front Mounted Rotary Mower for L. a net price of $4,590.00 ($5,195.00 less trade-in of $605.00), the same having been in fact the lowest bid received which meets specifications for this item; and the bid of Commercial Mower Replacement Parts, Inc. is hereby rejected for the reasons indicated in the aforesaid communication with attachment. AYES: Nash, Taylor, Bennett, Ventura and McCann. NAYS: None. 17783 By Councilman Bennett, seconded by Councilman Ventura, it was #1+05-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated April 17, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Garwood-Detroit Truck Equipment, Inc. , 21083 Mound Road, Warren, Michigan 48091, for supplying the City (Public Service Division - Road Maintenance Section) with one (1) 4-Wheel Street Sweeper for a total price of $42,211.00, inasmuch as the same was the lowest and only bid received and meets specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Ventura and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bennett, it was #406-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated March 22, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Wm. F. Sell & Son, Inc. , 16555 S. Telegraph Road, Taylor, Michigan 48180, for supplying the City (Public Service Division - Park Maintenance Section) with one (1) Rotary Mower with three 5' Heavy Duty Hydraulic Winged Sections for a total price of $5,293.23, the same having been in fact the lowest bid received and meets specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Ventura and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #407-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated March 22, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Sinelli Tractor & Equipment Co. , Inc. , 48850 West Twelve Mile Road, Wixom, Michigan 48096, for supplying the City (Public Service Division - Park Maintenance Section) with one (1) 84" Tractor Drawn Rotary Mower and one (1) 100" Tractor Drawn Rotary Mower for a net price of $3,591.00 ($3,991.00 less trade-ins of $400.00), inasmuch as the same was the lowest bid received and meets specifications. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Taylor, Bennett, Ventura and McCann. NAYS: None. *Councilman Bishop returned at 8:38 P. M. 17784 By Councilman Taylor, seconded by Councilman Nash, it was #408-79 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 25, 1979, which bears the signature of the Finance Director, is approved for submission by the Mayor and which transmits its Resolution No. WS 2338 4/79, the Council does hereby determine to accept the bid of Woodhaven Equipment & Rental Company, 28291 Fort Street, Gibraltar, Michigan 48173, for supplying the City (Water Department) with one (1) Heavy Duty Tractor Loader Backhoe, Model 580 C Case, for a net price of $15,449.08 ($22,949.08 less trade-in of $7,500.00), inasmuch as the same was the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES. Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, and unanimously adopted, it was #409-79 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 25, 1979, which bears the signature of the Finance Director, is approved for submission by the Mayor and which transmits its Resolution No. WS 2339 4/79, the Council does hereby determine to accept the bid of Woodhaven Equipment & Rental Company, 28291 Fort Street, Gibraltar, Michigan 48173, for supplying the City (Water Department) with one (1) Heavy Duty Tractor Loader Backhoe with extendible Dipperstick, Model 580 C Case, for a net price of $13,069.66 ($25,069.66 less trade-in of $12,000 00), inasmuch as the same was the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #410-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 10, 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 accept the unit price bid of Jamesco, Inc. , Box 27062, Lansing, Michigan, for the 1979 Concrete Joint and Crack Sealing Program in the estimated amount of $22,000.00, which amount represents 22% of the total program and based upon the understanding that a subsequent award shall be made with respect to the balance of the program upon receipt by the Council of the Engineering Division's report and recommendation, the action herein being 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 17785 received for this item; further, the Council does hereby appropriate a sum not to exceed $22,000.00 from the City's Motor Vehicle Highway Fund Receipts 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: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #411-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated April 19, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, wherein it is requested that an additional appropriation be made for Capital Outlay in the Refuse Fund, the Council does hereby determine to appropriate the sum of $5,188.73 from the Refuse Fund Unexpended Fund Balance Account to be transferred to the Capital Outlay Account No. 205-525-985.000.000, the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #412-79 RESOLVED, that having considered a communication from the City Engineer, dated April 11, 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, to which is attached Requests for Payment Nos. 23 and 24 from R. E. Dailey A Company, Construction Manager for the Civic Center Municipal Building, received March 21, 1979 which are as follows: Construction Management Fee No. 23 $ 7,887.00 Construction Management Fee No 24 7,703 25 Reimbursables (February, 1979) 8,906.47 Total $24, 96.72 the Council does hereby authorize payment of the aforesaid amount to R. E . Dailey & Company as submitted; and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $6,888.56 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 resolution A roll call vote was taken on the foregoing resolution with the following result: 17786 AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. Imp NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #413-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 5, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, and to which is attached a letter from Rails Hamill Architects, Inc. , with regard to Change Order No. 2 to the contract of William H. Kelly Company to waterproof the exterior fountain of the Civic Center Municipal Building, Phase III, Part 48, for the price of $5,933.00, the Council does hereby determine to authorize the aforesaid change order as work to be added to the existing contract between the City and William H. Kelly Company; and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $5,933.00 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 resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, it was #414-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 5, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to action previously take:. in Council Resolution 224-78, adopted on March 15, 1978, which awarded a contract in the amount of $5,873.72 to American Steel Products Corporation for supplying Hollow Metal Frames and Doors for the new Civic Center Municipal Building (Phase III, Part 32), and which communication indicates the total value of work completed now is in the amount of $8,841.72, as-a result of two change orders, the Council does hereby determine to appro- priate and authorize the expenditure of an additional sum in the amount of $2,968.00 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 resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was 17787 #415-79 RESOLVED, that having considered a communication from the lo• Superintendent of Public Service, dated April 12, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, and to which is attached a report and recommendation with regard to building maintenance services for the Civic Center Municipal Building, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. By Councilman Bishop, seconded by Councilman Nash, and unanimously adopted, it was #416-79 RESOLVED, that having considered a letter from Mr. Robert G. Amell, 9921 Cranston Avenue, Livonia, Michigan 48150, requesting permission to close Cranston between Elmira and Orangelawn on Monday, May 28, 1979 from 12:00 Noon to 8:00 P.M. for the purpose of conducting an Annual Memorial Day Picnic, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. By Councilman Bennett, seconded by Councilman Bishop, it was #417-79 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated April 17, 1979, approved for submission by the Mayor, with regard to a request from MLs. Delores J Hayes, 20206 Hubbard Road, 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 46 009 99 0101 000 (03A68a1) into three (3) 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: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #418-79 RESOLVED, that in accordance with good zoning and planning practices and taking into account existing lot sizes, the Council does hereby request that the City Planning Commission conduct a Public Hearing and thereafter, submit its report and recommendation to Council on the question of whether or not the property located in the general area east of Hubbard Road and north and south of Norfolk Avenue be rezoned from R-3A to RUF. By Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was 17788 #419-79 RESOLVED, that having considered a communication dated April 10, 1979 from Constance Westfall, 14539 Ingram, Livonia, Michigan and. Mr. and Mrs. Dennis Gregory, 32122 Oakley, Livonia, Michigan 48154, with respect to certain traffic problems which have been generated by reason of the existence of a partial "S" curve on Ingram, the Council does hereby request that the Traffic Commission submit its report and recommendation with regard to this matter, particularly with respect to the possible installa- tion of three way stop signs, it being the recommendation of the Council that appropriate stop signs be installed; and the City Engineer is hereby requested to submit his report and recommendation on the question of whether or not the "S" curve on Ingram in this area can be eliminated by the straightening of the roadway. By Councilman Taylor, seconded by Councilman Nash, and unanimously adopted, it was #420-79 RESOLVED, that having considered a communication from William E Seder and. Mary F. Seder, 18202 Wayne Road, Livonia, Michigan 48152, wherein a request is made for the vacating of a portion of Wayne Road where it abuts the property of the aforesaid persons in the manner indicated, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance. By Councilman Bishop, seconded by Councilman Ventura, it was #421-79 RESOLVED, that having considered a communication from the City Planning Commission, dated. April 5, 1979, which transmits its Resolution No. 4-53-79, adopted on April 3, 1979, with regard to Petition 79-1-3-1, submitted by Marvin R. Stempien, requesting the vacating of the South 1/2 of Leon Avenue located. North of Ann Arbor Road, West of Newburgh Road in the Northeast 1/4 of Section 31, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition 79-1-3-1, subject to the retention of a full- width easement for public purposes and uses; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. *Councilman Bennett was excused at 8:45 P. M By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #422-79 RESOLVED, that having considered a communication from the Mayor dated April 19, 1979, to which is attached a Memorandum of Notice - Option II Rate Plan Project to be authorized between the Michigan Bell Telephone Company and the City of Livonia, the Council does hereby determine to refer this item to the Committee of the Whole at a meeting to be conducted on Monday, May 14, 1979 at 7:00 P. M 17789 *Councilman Bennett returned at 8.46 P M By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #423-79 RESOLVED, that having considered a communication from the Mayor, dated April 12, 1979, to which is attached a communication from the Director of Community Resources and the Superintendent of Parks and Recreation, dated April 5, 1979, with regard to existing parking problems at the Jefferson Center and similar parking problems which are anticipated to materialize upon expanded use of the Jackson School, the Council does hereby determine to refer this item to the Capital Improvement Committee for its report and recommendation. *Councilman Ventura was excused at 8.47 P. M. By Councilman Nash, seconded by Councilman Taylor, it was #424-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 27, 1979, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Republic Development Corporation, 31275 North- western Highway, Farmington Hills, Michigan 48018, the Proprietor of the Quakertown Subdivision No. 1, situated in the Northwest 1/4 of Section 18, of the cash escrow deposit in the amount of $6,115.00 to insure the installation of survey monuments and markers, deposited with the City in accordance with Council Resolution 728-78, adopted on August 16, 1978; and further, the financial assurances now on deposit with the City for general improvements and sidewalk improvements shall remain the same and unchanged, the action herein being taken for the reasons indicated in the afore- mentioned report of the City Engineer; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, McCann. NAYS: None. *Councilman Ventura returned at 8:48 P. M. The communication from the City Engineer and City Attorney dated April 5, 1979 to which is attached a communication from Mr. Dennis R. Neiman, Bond Counsel, concerning the impact of the Headlee Amendment on the financing of special assess- ment projects, was received and placed on file for the information of the Council. By Councilman Taylor, seconded by Councilman Nash, it was 17790 #425-79 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated September 25, 1978 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on November 13, 1978, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the placement of 4" of asphalt on existing roadway (Alternate IV Type Improvement) in a portion of Park Woods Subdivision (Stanmoor and Whitcomb Drives) in the North 1/2 of Section 13, T. 1 S., R 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement dated September 25, 1978; (4) determine that the estimated cost of such improvement is $80,537.31; V (5) determine that the cost of said improvement shall be paid for in part E- by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% ($12,080 60) and that the balance of said cost and expense of said public improvement amounting to $68,456.71 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in five (5) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district in the N 1/2 of Section 13, T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan described as containing the following property: Lots 8 through 19, 22 through 51, and 55, 56a, 57a and 58a through 90 of Park Wood Subdivision. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total 17791 benefit of all land and also to enter upon such roll, the amount whicr has been assessed to the City at large, all in accordance with the determination of the City Council; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of LivoniL and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash. Taylor, Bennett, Bishop, and McCann. NAYS: Ventura. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Ventura, it was #426-79 WHEREAS, the Council did previously confirm the assessment roll in Special Assessment District No. 186 for the proposed improvement consisting of the placement of 4+" of asphalt on the existing roadway (Alternate IV) in Livonia Hills Estates Subdivision in Section 6; and WHEREAS, the Council has now been advised by the City Engineer in a communication dated April 11, 1979, approved by the Director of Public Works and approved for submission by the Mayor, that due to increased costs that it would be advisable to conduct an additional public hearing on the basis of a revised estimated cost of the project and a proposed assessment schedule which is attached to the aforesaid communication; THEREFORE, BE IT RESOLVED, that it is hereby ordered that the City Engineer's report dated April 11, 1979, be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice to wit: that the City Engineer's report has been filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, June 18, 1979 at 8:00 P.M to review the said City Engineer's report at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of June 18, 1979; the City Clerk is also directed to give notice of said hearing by sending written noticethereof by first class mail to each and every property owner in the proposed assessment or district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office A roll call vote was taken on the foregoing resolution with the following result: 17792 L AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Ventura, it was #427-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 5, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the Wayne County Road Commission's final invoices for the resurfacing of Middlebelt Road between Schoolcraft and Five Mile Road, and the placement of more asphalt material than was originally estimated, the Council does hereby determine to au- thorize the payment of the final invoices submitted by the Wayne County Road Commission with respect to this project; and the Council does hereby appropriate an additional sum of $21,963.41 from the City's Motor Vehicle Highway Funds (Major Road Account) 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 resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Ventura and McCann. NAYS: Bishop. LThe President declared the resolution adopted By Councilman Taylor, seconded by Councilman Nash, it was #428-79 RESOLVED, that having considered a communication from Judge James E. Mies and Judge James R. McCann, dated April 19, 1979, with regard to the Volunteer Program which has been established and in operation since 1966, the Council does hereby authorize the use of work program funds for the purchase of such educational items as are needed and for the purchase of materials and services to be used in conjunction with work to be done in the basement of the Court Building by persons assigned to the work program in the manner detailed in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS' None. By Councilman Bishop, seconded by Councilman Bennett, it was #429-79 RESOLVED, that having considered a communication from the City Treasurer, dated April 18, 1979, to which is attached the Quarterly Report L (12/1/78 - 2/28/79) relative to deposits of the City in its General Depos- itories, as well as the letter dated February 23, 1979 from the First Federal Savings & Loan Association of Detroit requesting consideration to become a depository of City funds, the Council does hereby refer the same to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: 17793 AYES: Taylor, Bennett, Bishop, Ventura and McCann. NAYS: Nash. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, it was #430-79 RESOLVED, that having considered a communication from the City Treasurer, dated April 20, 1979, with regard to a proposed salary adjust- ment for the Deputy City Treasurer, the Council does hereby determine to establish a maximum annual salary in the amount of $19,500.00, retroactive to and commencing from December 1, 1978; further, the Council does hereby authorize and establish that the aforesaid position should be afforded fringe benefits (i.e. longevity, vacation credit and sick leave) in the same manner as that extended to classified employees under the Civil Service System. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, it was #431-79 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 29, 1979, which bears the signature of the Finance Director, is approved for submission by the Mayor and which transmits its Resolution No. WS 2330 3/79, the Council does hereby authorize service contracts with Badger Meter Company, 4545 W. Brown Deer Road, Milwaukee, Wisconsin 53223, and Hersey Meter Company, 250 Elm Street, Dedham, Massachusetts OQ026, to test and modernize large industrial meters for a total cumulative price of not to exceed the sum of $10,000.00; further, the Council does hereby determine to authorize the said work without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213 (d) (5) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #432-79 RESOLVED, that having considered the communication from the Water and Sewer Board, dated March 29, 1979, which bears the signature of the Finance Director, is approved for submission by the Mayor and which transmits its Resolution No. WS 2333 3/79, the Council does hereby determine to approve a new Wayne County sewage disposal rate of $3.02/1000 CP, effective on all bills rendered on or after June 1, 1979, such action 17794 being taken as a result of the new rate schedule established by the Wayne County Board of Public Works as set forth in a letter dated February 23, 1979. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bishop, Ventura and McCann. NAYS: Bennett. The President declared the resolution adopted By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #433-79 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated April 19, 1979, approved for submission by the Mayor, and to which is attached a five year priority list of maintenance and improvement items recommended by the Parks and Recreation Commission, which if implemented, would permit the year round use of the City's two ice arenas, the Council does hereby determine to refer the same to the Capital Improvement Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #434-79 RESOLVED, that having considered a communication from the City Planning Commission, dated April 20, 1979, and submitted pursuant to Council Resolution 244-79, relative to the development of a portion of Supervisors Livonia Plat No. 11 in Section 32, the Council does hereby request, in accordance with Section 23.01(b) of Ordinance No. 543, as amended, the Zoning Ordinance, that the City Planning Commission conduct a Public Hearing and thereafter submit its report and recommendation to Council on the question of whether or not the subject property should be rezoned from RUF to R-1. By Councilman Taylor, seconded by Councilman Nash, it was #435-79 RESOLVED, that having considered a communication from the City Engineer, dated March 26, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to certain drainage improvements which were needed in connection with the following special assessment street improvements: Deering, North of Five Mile (S.A D No. 125); Bonaparte Gardens Sub'n (S.A.D. No 140) , and Beatrice, South of Five Mile (S.A.D. No. 141), the Council does hereby determine to refer this item to the Finance and Insurance Committee for its report and immy recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS None. 17795 By Councilman Taylor, seconded by Councilman Nash, it was #436-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 26, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the Rosedale Gardens Street Improvement Project (S A D No 111), located in the Northeast 1/4 of Section 34, which project has now been finalized and the final assess- able paving improvement costs which exceeded the confirmed assessment roll estimate by $1,006.77, the Council does hereby determine that the City of Livonia shall assume the aforesaid increase in cost and that the previously confirmed assessment roll shall remain unchanged; and the Council does hereby appropriate the sum of $1,006.77 from the $9.8 Million General Obligation Road Improvement Bond Issue 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 resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Taylor, it was #437-79 RESOLVED, that having considered the report and recommendation of lbw the City Engineer, dated March 26, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the improvement of Bobrich Avenue, West of Merriman Road, pursuant to S.A.D. No. 134, which project has now been finalized, the Council does hereby determine that the City Treasurer and City Assessor are authorized to add only that cost for additional work which was requested by property owners to the assessments which were previously levied in Special Assessment Roll No. 134, as shown on the attached list; and further, that the City's share of this project shall be increased to $22,557 69 (an increase of $16,879.81); and the Council does hereby appropriate the sum of $15,857.69 from the $9 8 Million General Obligation Road Improvement Bond Issue to cover that portion of the City's share of this project which is not funded by any other sources, with the provision that any surplus drain funds received from Livonia Drain No 13 and/or Livonia Drain No. 13 Branches Construction Accounts be reimbursed to this bond issue; 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: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bennett, it was #438-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 26, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the improvement of Mayfield Avenue from Six Mile to Curtis, pursuant to S.A.D. No. 136, which 17796 project has now been finalized, the Council does hereby determine that the City Treasurer and City Assessor are authorized to add only that cost for additional work which was requested by property owners to the assessments which were previously levied in Special Assessment Roll No. 136, as shown on the attached list, and further, that the City's share of this project shall be increased to $62,180.85 (an increase of $49,801.06), and the Council does hereby appropriate the sum of $47,380.85 from the $9.8 Million General Obligation Road Improvement Bond Issue to cover that portion of the City's share of this project which is not funded by any other sources, with the provision that any surplus drain funds received from Livonia Drain No. 12 and/or Livonia Drain No. 12 Branches Construction Accounts be reimbursed to this bond issue; 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: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, it was #439-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 26, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is low approved for submission by the Mayor, with regard to the improvement of Grimm Avenue, South of Pickford, pursuant to S.A.D. No 138, which project has now been finalized, the Council does hereby determine that the City Treasurer and City Assessor are authorized to add only that cost for additional work which was requested by property owners to the assessments which were previously levied in Special Assessment Roll No. 138, as shown on the attached list, and further, that the City's share of this project shall be increased to $19,093.60 (an increase of $13,858.79); and the Council does hereby appropriate the sum of $12,593 60 from the $9.8 Million General Obligation Road Improvement Bond Issue to cover that portion of the City's share of this project which is not funded by any other sources, with the provision that any surplus drain funds received from Livonia Drain No 27 Construction Account be reimbursed to this bond issue; 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: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #440-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 26, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the improvement of Green Lane Avenue, North of Five Mile Road, pursuant to S.A.D. No. 139, 17797 and which project has now been finalized, 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 Bennett, it was #441-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 26, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the improvement of Greenland Court, West of Hubbard, pursuant to S.A.D No. 151, which project has now been finalized, the Council does hereby determine that the City Treasurer and City Assessor are authorized to add only that cost for additional work which was requested by property owners to the assessments which were previously levied in Special Assessment Roll No. 151, as shown on the attached list; and further, that the City's share of this project shall be increased to $22,656.16 (an increase of $5,009.10); and the Council does hereby appropriate the sum of $16,856.16 from the $9.8 Million General Obligation Road Improvement Bond Issue to cover that portion of the City's share of this project which is not funded by any other sources, with the provision that any surplus drain funds received from any Livonia Drain Construction Accounts be reimbursed to this bond issue; 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: Nash, Taylor, Bennett, Bishop, Ventura and McCann NAYS* None. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #1+1+2-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 26, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the improvement of Brentwood Avenue from Seven Mile to Pembroke, pursuant to S A.D No 153, and which project has now been finalized, the Council does hereby determine to refer this item to the Finance and Insurance Committee for its report and recommendation. By Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, it was #443-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 26, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the improvement of Argonne Subdivision in the Northeast 1/4 of Section 1, pursuant to S.A.D. No. 154, and which project has now been finalized, the Council does hereby determine to refer this item to the Finance and Insurance Committee for its report and recommendation. 17798 By Councilman Bishop, seconded by Councilman Taylor, it was #444-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 26, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the Industrial Road Development, East of Newburgh, pursuant to S.A D No 155, which project has now been finalized, the Council does hereby authorize the City Treasurer and City Assessor to reduce the assessments for the subject assessment district so as to reflect an assessment rate of $7,851.77 per acre; and the Council does hereby authorize the Finance Director to submit an invoice to Mr. Charles Lazette for an additional amount of $244.88 for Water Main Construction; and the Council does hereby establish the amount of $18,161 85 as that portion of the project which is to be financed from the City's Water and Sewer Fund, 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: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bennett, it was #445-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 26, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the Botsford Park Subdivision Street Improvement Project, pursuant to S.A.D. No. 156, which project has now been finalized, the Council does hereby determine that the City Treasurer and City Assessor are authorized to add only that cost for additional work which was requested by property owners to the assessments which were previously levied in Special Assessment Roll No. 156, as shown on the attached list; and further, that the City's share of this project shall be increased to $72,563 29 (an increase of $39,810.06); and the Council does hereby appropriate the sum of $39,863.29 from the $9.8 Million General Obligation Road Improvement Bond Issue to cover that portion of the City's share of this project which is not funded by any other sources; 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: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #446-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 26, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the street improve- ment of Alexander Avenue from Sunnydale to Broadmoor, pursuant to S.A D. 17799 No. 161, which project has now been finalized, the Council does hereby determine to authorize an increase in the City's share of this project to $7,766.29 (an increase of $4,424.29), and that the sum of $4,366.29 is hereby appropriated from the $9.8 Million General Obligation Road Improve- ment Bond Issue to cover that portion of the City's share of the project which is not funded from any other sources; and the sum of $5,482.58 shall be reimbursed to the $9.8 Million General Obligation Road Improvement Bond Issue from surplus funds previously returned from the Livonia Drain No. 5 and Livonia Drain No. 5 Branches Construction Accounts; 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: Nash, Taylor, Bennett, BiJhop, Ventura and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Taylor, it was #447-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 26, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the improvement of Deering Avenue, North of Joy, pursuant to S.A.D. No. 163, which project has now been finalized, the Council does hereby determine to authorize and direct the City Treasurer and City Assessor to reduce the assessments for the subject assessment district so as to reflect an assessment rate of $16.79 per front foot; and the Council does hereby authorize the City Treasurer and City Assessor to add the cost for additional work requested by property owners to the assessments previously levied for the affected properties as shown on the attached list; and the Council does hereby establish that the City's share of this project shall be in the amount of $10,055.71; and that the Council does authorize the Finance Director to submit an invoice to the Water and Sewer Division in the amount of $3,408.98 for certain water and sewer improvements which were completed in conjunction with this project; and the Council does request that the Wayne County Drain Commissioner return to the City the sum of $8,423.34 for certain drainage improvements which were completed in the Livonia Drain No.1 Drainage District; and the Council does hereby authorize the Finance Director to deposit any such surplus drainage funds that may be returned into the City's Motor Vehicle Highway Fund (Local Road Account); 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: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was 17800 #448-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 26, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the Schanhite's Marquette Manor Subdivision Street Improvement located in the Southeast 1/4 of Section 25, pursuant to S A D No 164, and which project has now been finalized, 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 Taylor, it was #449-79 RESOLVED that, Biltmore Properties, 2900 W. Maple Road, Troy, Michigan 48084, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision. Windridge Village Subdivision Nc> 3, situated in the Northeast 1/4 of Section 4, City of Livonia, the said proposed preliminary plat being dated March 5, 1979; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on April 10, 1979; and it further appearing that such preliminary plat, together with development plans and specifica- ions for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that depart- ment dated April 27, 1979; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions: (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 9, Chapter 1 of the Livonia Code of Ordinances, as amended; the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such depart- ment; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be consid- ered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinances, as amended; (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 9-122 of the said Subdivision Control Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the following Cash Payments be made to the City Clerk and a Receipt obtained therefor. 17801 A Trees $22,400.00 B. Street Name Signs 3,750.00 C Traffic Control Signs 3,200.00 D. Street Light Notification Signs 200.00 E. Engineering Services (General Improvement & Sidewalks) 1. Plan Review = Administration (1-1/2%) $21,133.20 2. Field Inspection (3-1/2%) 49,310.80 70,444.00 F. Engineering Services (Grading and Soil Erosion Control) 1. Plan Review 205.00 2. Permit and Inspection 1,100 00 1,305.00 TOTAL CASH PAYMENTS $101,299.00 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as shall be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts; such deposits to be deposited in the office of the City Clerk: General Improvement Bond - $1,602,000.00, of which at least 10,000.00 shall be in cash. Sidewalk Bond - 135,500.00, of which at least 9,000.00 shall be in cash. Grading and Soil Erosion Control Bond - 24,000 00, of which at least 4,800.00 shall be in cash. Monuments and Lot Markers - 7,265.00 (All Cash) Development of Greenbelt Areas & Entrance Markers - 63,750.00, of which at least 10,000.00 shall be in cash. 17802 (9) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the subdivision, in accordance with City ordinances; further, that the 5% plan review and field inspection fee (i.e. $8,560.00), related to the Gill Road paving, is hereby waived for the reasons indicated in the Engineering Division's report dated April 27, 1979. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS. None. By Councilman Ventura, seconded 17 Councilman Bishop, and unanimously adopted, it was #450-79 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 2, 1979 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on April 23, 1979, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of three (3) 250 Watt High Pressure Sodium Lights with underground wiring on Veronica Drive approximately 1400 feet east of Levan Road in the Northeast 1/4 of Section 29, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improve- ment by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for the improvement as set forth in said statement dated February 2, 1979; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district located in Section 29, T. 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan being more particularly described as Bureau of Taxation Parcels 29C2al, C3a1 and C4a. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated February 2, 1979; and 17803 (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. By Councilman Taylor, seconded by Councilman Nash, and unanimously adopted, it was #451-79 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated January 31, 1979 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on April 23, 1979, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of 175 Watt Mercury Vapor Lights to be installed on 6 existing wood poles and 25 ornamental poles with underground wiring in the Sunset Hills Subdivision in the Northeast 1/4 of Section 11, City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for the improvement as set forth in said statement dated January 31, 1979; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: Lots 2 through 201, both inclusive, of Sunset Hills Subdivision, as recorded in Liber 80, Pages 68 and 69, Wayne County Records, said subdivision being of part of the N.E. 1/4 of Section 11, T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan and Bureau of Taxation Parcels 11C10a2, 11C1lal, 11C11a2, 11C12al, 11C12a2, 11C13al, 11C13a2, 11C14a, 11C15al, 11C15a2a, 11C15a2b, C 16a1, 11C16a2. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as im. prepared by the City Engineer dated January 31, 1979; and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the 17804 City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #452-79 RESOLVED, that the Council having considered a communication from the City Engineer dated February 9, 1979, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of twenty-seven (27) 250 Watt High Pressure Sodium Lights with underground wiring in the Laurel Park Complex in the Southeast 1/4 of Section 7, and the Council having conducted a public hearing on the necessity for the proposed improvement on April 23, 1979, the Council does hereby determine to refer this item to the Committee of the Whole for further consideration. By Councilman Bishop, seconded by Councilman Taylor, it was #453-79 RESOLVED, that having considered a communication dated February 16 1979 from the City Planning Commission which sets forth its Resolution No. 2-13-79, adopted on February 6, 1979, with regard to Petition 79-1-1-1 submitted by the City Planning Commission for a change of zoning on propert located on the Northeast corner of Melvin Avenue and Pembroke in the North- east 1/4 of Section 2, from RUFA to P.L. , and the Council having conducted a public hearing with regard to this matter on April 23, 1979, pursuant to Council Resolution 224-79, the Council does hereby concur in the recommenda- tion of the Planning Commission and the said Petition 79-1-1-1 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #454-79 RESOLVED, that having considered a communication dated February 16, 1979 from the City Planning Commission which sets forth its Resolution No. 2-14-79, adopted on February 6, 1979, with regard to Petition 79-1-1-2 submitted by the City Planning Commission for a change of zoning on property located on the southeast corner of Wayne Road and Six Mile Road, in the Northwest 1/4 of Section 16, from R-3-B to P.L. , and the Council having conducted a public hearing with regard to this matter on April 23, 1979, pursuant to Council Resolution 224-79, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 79-1-1-2 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 17805 the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #455-79 RESOLVED, that having considered a communication dated February 16, 1979 from the City Planning Commission which sets forth its Resolution 2-15-79, adopted on February 6, 1979, with regard to Petition 79-1-1-3 submitted by the City Planning Commission for a change of zoning on property located at the Southeast corner of West Chicago and Sunset Avenue in the Southwest 1/4 of Section 35, from R-1 to P.L. , and the Council having conducted a public hearing with regard to this matter on April 23, 1979, pursuant to Council Resolution 224-79, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 79-1-1-3 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. RAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #456-79 RESOLVED, that having considered a communication dated February 16, 1979 from the City Planning Commission which sets forth its Resolution No. 2-16-79, adopted on February 6, 1979, with regard to Petition 79-1-1-4 submitted by the City Planning Commission for a change of zoning on propert located north of Joy Road, east of Gilman Avenue, in the Southeast 1/4 of Section 36, from RUF to P.L. , and the Council having conducted a public hearing with regard to this matter on April 23, 1979, pursuant to Council Resolution 224-79, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 79-1-1-4 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop, Ventura and McCann. NAYS: None. 17806 *Councilman Raymond arrived at 9.09 P M. By Councilman Bishop, seconded by Councilman Taylor, it was #457-79 RESOLVED, that having considered a communication dated April 17, 1979 from the Department of Law transmitting for Council acceptance five Grants of Easements more particularly described as: 1. Grant of Easement dated December 15, 1978 executed by Wm. E. Kurtz, Chairman, and George Friess, President, of Shaw Electric Company conveying: The northerly 12 ft. of the southerly 22 ft. of Lot 14 and the northerly 12 ft. of the southerly 22 ft. of Lot 15 excepting the easterly 20 ft. of said Lot 15 of Schoolcraft Acres Subdivision, part of the N.W. 1/4 of Section 27, T 1 S. , R. 9 E. , City of Livonia, Wayne County, as recorded in Liber 68, Page 44 of Plats, Wayne County Records 2. Grant of Easement dated December 15, 1978 executed by Wm. E. Kurtz and John W. Friess, a partnership conveying: The northerly 12 ft. of the southerly 22 ft. of Lot 13 of Schoolcraft Acres Subdivision, part of the N.W. 1/4 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, as recorded in Liber 68, Page 44 of Plats, Wayne County Records. 3. Grant of Easement dated December 15, 1978 executed by Wm. E. Kurtz a partner of Schoolcraft Acres conveying. The southerly 22 ft. of Lot 11 and the northerly 12 ft. of the southerly 22 ft. of Lot 12, of Schoolcraft Acres Subdivision, part of the N.W. 1/4 of Section 27, T. 1 S , R. 9 E , City of Livonia, Wayne County, as recorded in Liber 68, Page 44 of Plats, Wayne County Records. 4. Grant of Easement dated December 19, 1978 executed by Steve J. Orosz, President, and Thomas S Orosz, Vice President, of the Dot Corporation, conveying: Part of the E. 20 ft. of Lot 15, Lot 16 and 17 of Schoolcraft Acres Subdivision, Part of the N W. 1/4 of Section 27, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, as recorded in Liber 68, Page 44 of Plats, Wayne County Records. A twelve ft. (12 ft ) wide easement, the centerline of which is described as beginning at a point on the easterly line of said Lot 17 distant N 00° 04' 00" W 99.58 ft. from the S.E. corner of said Lot 17 and proceeding thence S. 89° 56' 00" W. 6.00 ft. ; thence S. 62° 41' 25" W. 182.16 ft. thence Due West 32.00 ft. to the point of ending. Said point of ending is N. 00° 04' 00" W. 16.00 from the S W corner of the easterly 20 ft of said Lot 15. 5. Grant of Easement dated April 2, 1979 executed by George Weingarden, Secretary, of the Dot Corporation conveying: 17807 The West 12 feet of the following described parcel. L Beginning at the S.E. corner of Lot 17, Schoolcraft Acres Subdivision, as recorded in Liber 68, Page 44 of Plats, said subdivision being a part of the N.W 1/4 of Section 27, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, thence due West 199.95 feet along the South line of said Schoolcraft Acres Subdivision also being the North line of Simon Ash Industrial Subdivision, as recorded in Liber 96, Pages 3, 4 and 5 of Wayne County Records, thence N 00° 04' 00" W 565.08 feet to the southerly right-of-way line of Jeffries Expressway (I-96); thence along said southerly right-of-way line, N. 86° 34' 00" E 101.72 feet; thence continuing along said southerly right-of-way line along a curve to the right, an arc distance of 98.50 feet (radius 3247.04 feet, cord bears N. 87° 26' 09" E. 98.50 feet); thence leaving said southerly right-of-way S. 00° 04' 00" E. 575.58 feet to the point of beginning. The Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easements and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: L AYES: Nash, Taylor, Raymond, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #458-79 RESOLVED, that having considered a communication dated April 24, 1979 from the Department of Law transmitting for Council acceptance two Quit Claim Deeds and a Grant of Easement more particularly described as: 1. Quit Claim Deed dated March 23, 1979 executed by Dr. Albert H. Kaner, Partner, and Dr. Sanford R Kaner, Partner, of the Family Dental & Podiatric Clinic, conveying: The South 60 ft. of the following described parcel: That part of the N E. 1/4 Section 31, T. 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at the intersection of the Northwesterly line of Ann Arbor Road, 106 ft. wide, and the center line of Ann Arbor Trail, 66 ft. wide, and proceeding thence along said center line North 77° 58' 20" W. 185.83 ft. and North 86° 48' 20" W 91.34 ft. ; thence North 19° 31' 42" E 184.39 ft ; thence S 70° 28' 18" E 356.55 ft. to the Ims Northwesterly line of Ann Arbor Road, thence S 51° 43' 40" W. along said line 158.87 ft. to the Point of Beginning. (Ann Arbor Trail Right-of-Way) . 2. Quit Claim Deed dated March 23, 1979 executed by Dr. Albert H. Kaner, Partner, and Dr. Sanford R. Kaner, Partner, of the Family Dental & Podiatric Clinic, conveying: 17808 The South 60 ft of the following described parcel: That part of the N E 1/4 of Section 31, T 1 S. , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the center line of Ann Arbor Trail distant N. 77° 58' 20" W. 185 83 ft. , and N 86° 48' 20" W 91.34 ft. from the intersection of the Northwesterly line of Ann Arbor Road, 106 ft. wide and the center line of Ann Arbor Trail, 66 ft wide, and proceeding thence N 86° 48' 20" W. along said center line 88.19 ft. , thence North 0° 31' 20" W 222 68 ft ; thence S 70° 28' 18" E 160.97 ft , thence S 19° 31' 42" W 184 39 ft. to the Point of Beginning. (Ann Arbor Trail Right-of-Way) 3. Grant of Easement dated April 6, 1979 executed by Melvin H. Sachs, Vice-President of Newburgh Lake Apartments, Inc., conveying: The North 27 ft. of the South 60 ft of the following described parcel: That part of the N. E 1/4 of Section 31, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the center line of Ann Arbor Trail distant N 0° 31' 20" W 880 84 ft. and South 86° 48' 20" E 749.58 ft. from the center 1/4 corner of Section 31 and proceeding thence N 0° 31' 20" W 279.33 ft ; thence S 70° 28' 8" E 200 99 ft. ; thence S 0° 31' 20" E 222.68 ft ; thence N 86° 48' 20" W along the center line of Ann Arbor Trail 189 21 ft. to the Point of Beginning. the Council does hereby for and in behalf of the City •f Livonia accept the aforesaid Quit Claim Deeds and Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Raymond, Bennett, Bishop, Ventura and McCann NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #459-79 RESOLVED, in view of the presentation submitted by PEBSCO of a Deferred Compensation Plan at a meeting conducted on April 30, 1979, the Council does hereby determine to take this means to indicate that it agrees in principle with the concept that the City establish a Deferred Compensation Plan for the benefit of City employees; and the Council shall give due consideration to such other presentations as may be submitted to it, as well as such comments as the Council shall receive from interested City employees prior to a final determination being made with respect to this matter. 17809 By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #460-79 WHEREAS, pursuant to the direction of the City Council in its Resolution 1018-78, adopted on November 17, 1978, and in accordance with Section 2-510 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of April 24, 1979 an assessment roll dated April 24, 1979 for the improvement consisting of placing four (4) inches of asphalt on existing roadway to a width of 21 feet on Cardwell Avenue between Joy Road and West Chicago, in the S E 1/4 of Section 36, City of Livonia, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 1018-78. THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the Office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit. that the assessment roll has been made and filed in the Office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, June 18, 1979 at 8:00 P M. to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of June 18, 1979, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's Office. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #461-79 WHEREAS, pursuant to the direction of the City Council in its resolution 57-79, adopted on January 24, 1979, and in accordance with Section 2-510 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of April 26, 1979 an assessment roll dated April 26, 1979 for the improvement consisting of 3" to 4" of asphalt placed on the existing gravel roadway (Alternate IV) on Elmira (Deering to Inkster) and Orangelawn (Clements Circle to Inkster), in the N E 1/4 of Section 36, City of Livonia, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 57-79. 17810 Ift. THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the Office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the Office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, June 18, 1979, at 8.00 P.M to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of June 18, 1979, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Nash, seconded by Councilman Taylor, it was #462-79 RESOLVED, that pursuant to Section 21.02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, William La Pine, 10034 Camden, Livonia, Michigan 48150, is hereby reappointed a member of the Zoning Board of Appeals for a three year term of office, such term commencing on July 12, 1979, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Raymond, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Raymond, it was #463-79 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, John A. Hillman, 14317 Yale, Livonia, Michigan 48154, is hereby reappointed a member of the Zoning Board of Appeals for a three year term of office, such term commencing on July 12, 1979, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Raymond, Bennett, Bishop, Ventura and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was 17811 #464-79 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance 16. of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Conrad J Gniewek, 14571 Auburndale, Livonia, Michigan 48154, is hereby reappointed a member of the Zoning Board of Appeals for a three year term of office, such term commencing on July 12, 1979, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Raymond, Bennett, Bishop, Ventura and McCann. NAYS: None. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 78-11-3-17) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #465-79 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, June 18, 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 79-1-1-5, submitted by Jeanne M. Hildebrandt for a change of zoning of property located west of Middlebelt Road between Bretton and St. Martins in the Southeast 1/4 of Section 2, from RUFA and R-1 to C-2, the City Planning Commission having in its Resolution No. 4-62-79 recommended to the City Council that Petition 79-1-1-5 be denied, and (2) Petition 79-2-1-9 submitted by Mounir Consul for a change of zoning of property located on the southeast corner of Farmington Road and Curtis in the Southwest 1/4 of Section 10, from RUFC to P.S. , the City Planning Commission having in its Resolution No. 4-54-79 recommended to the City Council that Petition No. 79-2-1-9 be approved. FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the 17812 (a) nature of the proposed amendments to the Zoning Ordinance, (and/or) (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each rail- road company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Raymond, seconded by Councilman Taylor, and unanimously adopted, it was #466-79 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 June, 1979. Wednesday, June 6, 1979, and Wednesday, June 20, 1979. 16. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, i:%:: t was #467-79 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 18 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3 THERETO. RE' PETITION 79-2-1-6 FOR CHANGE OF ZONING FROM P.S. 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 above Ordinance was placed on the table for consideration at the next regular meeting of the Council. On motion of Councilman Taylor, seconded by Councilman Nash, and unanimously adopted, this 906th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:12 P M , May 9, 1979. ADDISON W ::CON, CITY CLERK