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HomeMy WebLinkAboutCOUNCIL MINUTES 1979-07-18 17932 L. MINUTES OF THE NINE HUNDRED AND TENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 18, 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 8:05 P. M. . Councilman Ventura delivered the invocation. Roll was called with the following result: Present4-Robert E. McCann, Robert F. Nash, Gerald Taylor, Jerry Raymond, Robert Re Bishop and Peter A. Ventura. Absent--Robert D. Bennett. Elected and appointed officials present: Frances S. Stem, Deputy City Clerk; Harry C. Tatigian, City Attorney; Robert Osborn, Director of Public Works; John Nagy, City Planner; Ronald R. Reinke, Acting Superintendent of Parks and Recreation; G. E. Siemert, City Engineer; Thomas Griffiths, Chief Accountant; Ronald Mardiros, City LAssessor; Jerome Zimmer, Planning Commission; end Michael Reiser of the Water and Sewer Board. By Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #648-79 RESOLVED, that the minutes of the 909th Regular Meeting of the Council of the City of Livonia, held June 20, 1979, are hereby approved. By Councilman Raymond, seconded by Councilman Taylor, and unanimously adopted, it was #649-79 RESOLVED, that the minutes of the 175th Special Meeting of the Council of the City of Livonia, held July 2, 1979, are hereby approved. The communication dated June 19, 1979, from the Finance Director, which transmitted various financ.ia] statements of the City of Livonia for the month ending May 31, 1979, was received and filed for the information of the Council. The Communication from the Department of Law, dated June 20, 1979, with Lrespect to Civil Action No. 79 907 839 CE (Concerned Citizens of Livonia, et al, v City of Livonia, et al) was received and filed for the information of the Council. 17933 By Councilman Bishop, seconded by Councilman Raymond, it was #650-79 RESOLVED, that the Council does hereby request that the City Plan- ning Department submit its report and recommendation on the question of whether or not there is vacant property available on Seven Mile Road in the vicinity of Deering and Floral Avenues which would be suitable and appropriate for rezoning in order to provide sufficient off-street parking for existing businesses located in this area. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Raymond, Bishop and McCann. NAYS: Ventura and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED,that the Council does hereby determine to refer the proposed amendment to the Vacating Ordinance, prepared by .the Department of Law with respect to Petition No. 78-8-3-8 for the vacating of the public alley between Deering and Floral Avenues, in Section 12, and which ordi- nance received its First Reading by Councilman Ventura on June 20, 1979, to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond and McCann. NAYS: Nash, Taylor and Bishop. The President declared the resolution DENIED. By Councilman Ventura, seconded. by Councilman Raymond, it was #651-79 RESOLVED, that the Council does hereby determine to table further consideration of the foregoing proposed amendment to the Vacating Ordi- nance, prepared by the Department of Law, with respect to Petition No. 78-8-3-8 for the vacating of the public alley between Deering and Floral Avenues in Section 12, which proposed ordinance was given its First Reading by Councilman Ventura on June 20, 1979, pending the report of the Planning Department requested in Council Resolution No. 650-79. A roll cs11 vote was taken on the foregoing resolution with the following result. AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was 17934 #652-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated May 24, 1979, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Modernfold Sales of Detroit, 1837 Thunderbird (P.O. Box 937), Troy, Michigan 48099, for supplying the City with a Folding Room Partition for the Senior Citizens Center for the price of $5,994.00, 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: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #653-79 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated May 23, 1979, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Capital Fence Company, 25105 West Eight Mile Road, Redford, Michigan, for supply- ing the City with Backstop Extensions to be installed at Ford Field and Sheldon Park for a total price of $3,200.00 (at $1,600.00 each), the same having been in fact the lowest bid received and meets all specifica- tions; and the Council does hereby determine to appropriate the additional sum of $430.00 from the Unexpended Fund Balance Account for this purpose. A roll call vote was tale n on the foregoing resolution with the following result. AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #654-79 RESOLVED, that having considered a communication from the City Attorney, dated June 7, 1979, approved by-:the Finance Director and approved for submission by the Mayor, with regard to funds required to subscribe to publications which provide updated pocket supplements and revised volumes for the Law Department Library, the Council does hereby determine to authorize the transfer of the sum of $2,000.00 from Salaries and Wages, Account 101-222-702 to Capital. Outlay - Books, Account 101-222-978, 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: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, it was 17935 #655-79 RESOLVED, that having considered a communication from the City Engineer, dated June 7, 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 a request for payment of reimbursable costs for April, 1979 from R E. Dailey and Company, Construction Manager for the Civic Center Municipal Building, dated May 21, 1979, in the amount of $6,524.35, the Council does hereby authorize pay- ment of the aforesaid amount to R E Dailey and Company, as submitted; and the City Clerk and City Treasurer are hereby requested to do all thing, necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Ventura, it was #656-79 RESOLVED, that having considered a communication from the City Engineer, dated June 7, 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, wherein it is requested that the Engineering Division be authorized to purchase a new White Print Machine and two (2) new Plan Storage Cabinets, the Council does hereby determine to authorize the Engineering Division to do all things necessary to take competitive bids in accordance with the provisions of law and city ordinance for the said White Print Machine and to thereafter be submitted to Council for its consideration; and the Council does hereby authorize the transfer of the sum of $3,430.00 from the Engineering Salaries and Wages Account No. 441-702 to the Engineering Capital Outlay Account No. 441-987, with respect to the proposed purchases. A roll call vote was taken on the foregoing resolution with the following resulti AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #657-79 RESOLVED, that having considered a communication from the Department of Assessment, dated June 14, 1979, approved for submission by the Mayor, with regard to a request from Mr William M Wright, Attorney for petitioner, 19500 Middlebelt, Suite 235 East, 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 find that the proposed division and combination of Tax Item No. 46 129 01 0155 001 (33a155a,156,157) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing and combining of the same into four (4) parcels, the legal descriptions of which shall read as follows: 17936 PARCEL A A parcel of land being part of Lots 155, 156 and 157, "Supervisor's Livonia Plat No. 2" of the South 5/8 of the Northeast 1/4 and the East 1/2 of the North 3/8 of the Northeast 1/4 of Section 33, T. 1 S.., R. 9 E., Livonia Township, Wayne County, Michigan, as recorded in Liber 66, Page 1 of Plats, Wayne County Records, being more particularly described as• Commencing at the northeast corner of said Section 33; thence S. 0° 16' 23" E. , 1622.00 ft. (1622.56 ft. record) along the east line of Section 33; thence N. 89° 45' 04" W. , 1737.55 ft. (1738.70 ft. record) along the north Line of Orangelawn Ave. (50 ft. wide); thence N. 00° 03' 40" W. along the east line of said Lot 156, 345.65 ft. ; thence S. 88° 44' 50" E., 6.00 ft. ; thencc N. 00° 03' 40" W., 134.07 ft. to the point of beginning of the parcel herein described; thence continuing N. 00° 03' 40" W., 165.93 ft. ; thence N. 88° 44' 50" W., 138.03 ft. along the north line of said Supervisor's Livonia Plat No. 2; thence S. 00° 03' 40" E., 169.10 ft. along the west line of said Lot 157; thence N. 89° 56' 20" E., 138.00 ft. to the point of beginning. Containing 0.5307 acres of land. PARCEL B A parcel of land being part of Lots 155, 156 and 157, "Supervisor's Livonia Plat No. 2" of the South 5/8 of the Northeast 1/4 and the East 1/2 of the. North 3/8 of the Northeast 1/4 of Section 33, T. 1 S., R. 9 E. , Livonia Township, Wayne County, Michigan, as recorded in Liber 66, Page 1 of Flats, Wayne County Records, being more particularly described as: Commencing at the northeast corner of said Section 33; thence S. 0° 16' 23" E., 1622.00 ft. (1622.56 ft. record) along the east line of Section 33; thence N. 89° 45' 04" W., 1737.55 ft. (1738.70 ft. record) along the north line of Orangelawn Ave. (50 ft. wide), thence N. 00° 03' 40" W. along the east line of said Lot 156, 300.00 ft. to the point of beginning; thence No. 00° 03' 40" W., 45.65 ft. , thence S. 88° 44' 50" E., 6.00 ft. , thence N. 00° 03' 40" W., 134.07 ft. ; thence S. 89° 56' 20" W., 138.00 ft. ; thence S. 00° 03' 40" E., 178.87 ft. along the west line of said Lot 157; thence S. 89° 45' O4" E., 132.00 ft. to the point of beginning. Containing 0.5615 acres of land. PARCEL C The South 300.00 feet of Lot 156, "Supervisor's Livonia Plat No. 2" of the South 5/8 of the Northeast 1/4 and the East 1/2 of the North 3/8 of the Northeast 1/4 of Section 33, T. 1 S., R. 9 E., Livonia Township, Wayne County, Michigan, as recorded in Liber 66, Page 1 of Plats, Wayne County Records, being more particularly described as. Commencing at the northeast corner of said Section 33; thence S. 0° 16' 23" E., 1622.00 ft. (1622.56 ft. record) along the east line of Section 33, thence N. 89° 45' 04" W., 1737.55 ft. (1738.70 ft. record) along the north line of Orangelawn Ave. (50 ft. wide) to the point of beginning, thence N. 00° 03' 40" W. along the east line of said Lot 156, 300.00 ft. ; thence N. 89° 45' 04" W., 66.00 ft. , thence S. 00° 03' 40" E., 300.00 ft. along the west line of said Lot 156; thence S. 89° 45' 04" E., 66.00 ft. along the north line of Orangelawn Ave. to the point of beginning. Containing 0.4545 acres of land. 17937 PARCEL D The South 300.00 feet of Lot 157, "Supervisor's Livonia Plat No. 2" of the South 5/8 of the Northeast 1/4 and the East 1/2 of the North 3/8 of the Northeast 1/4 of Section 33, T 1 S , R. 9 E. , Livonia Township, Wayne County, Michigan, as recorded in Liber 66, Page 1 of Plats, Wayne County Records, being more particularly described as: Commencing at the north- east corner of said Section 33; thence S. 0° 16' 23" E. , 1622.00 ft. (1622.56 ft. record) along the east line of Section 33; thence N. 89° 45' 04" W. , 1803.55 ft. (1804.70 ft. record) along the north line of Orange- lawn Ave. (50 ft. wide) to the point of beginning; thence N. 00° 03' 40" W. , 300.00 ft. along the east line of Lot 157; thence N 89° 45' 04" W. , 66.00 ft. ; thence S 00° 03' 40" E. , 300.00 ft. along the west line of Lot 157; thence S. 89° 45' 04" E. , 66.00 ft. along the north side of Orsrgelawn Ave. to the point of beginning. Containing 0.4545 acres of land. as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Taylor, Raymond, Bishop and McCann. NAYS: Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bishop, it was #658-79 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated June 8, 1979, approved for submission by the Mayor, with regard to a request from Mrs. Lidia Veri, Livonia Builders, Inc., 36714 Bennett, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division and combination of Tax Item No. 46 093 99 0030 001 (24R1a) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing and combining of the same into four (4) parcels, the legal descriptions of which shall read as follows: PARCEL A That part of the N E 1/4 of Section 24, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point on the East line of Santa Anita Avenue, 60 ft. wide, distant due East 1121.95 ft. and S. 00° 13' 30" E. 270.00 ft. from the N 1/4 corner of Section 24, Town 1 South, Range 9 East, and proceeding thence due East 198.00 ft. ; thence S. 00° 13' 30" E. 70.00 ft., thence due West 198.00 ft. ; thence along the East line of Santa Anita Avenue, 60 ft. wide, N. 00° 13' 30" W 70.00 ft. to the point of beginning. Containing 0.318 acres. Subject to all easements and restrictions of record. 17938 PARCEL B That part of the N.E 1/4 of Section 24, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point on the east line of Santa Anita Avenue, 60 ft. wide, distant due East 1121.95 ft. and S. 00° 13' 30" E 340 00 ft. from the N. 1/4 corner of Section 24, Town 1 South, Range 9 East, and proceeding thence due East 198.00 ft.; thence S 00° 13' 30" E. 70 00 ft. ; thence due West 198.00 ft. ; thence along the East line of Santa Anita Avenue, 60 ft. wide, N. 00° 13' 30" W. 70.00 ft. to the point of beginning. Containing 0.318 acres. Subject to all easements and restrictions of record. PARCEL C That part of the N.E. 1/4 of Section 24, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point on the East line of Santa Anita Avenue, 60 ft. wide, distant due East 1321 .95 ft. and S. 00° 13' 30" E. 410.00 ft. from the N 1/4 corner of Section 24, Town 1 South, Range 9 East, and proceeding thence due East 198.00 ft. ; thence S. 00° 13' 30" E. 70.00 ft. , thence due West 198.00 ft. ; thence along the East line of Santa Anita Avenue, 60 ft. wide, N 00° 13' 30" W 70.00 ft. to the point of beginning. Containing 0.318 acres. Subject to all easements and restrictions of record. PARCEL D That part of the N.E. 1/4 of Section 24, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point on the East line of Santa Anita Avenue, 60 ft. wide, distant due East 1121.95 ft. and S. 00° 13' 30" E. 480 00 ft. from the N. 1/4 corner of Section 24, Town 1 South, Range 9 East, and proceeding thence due East 198.00 ft. ; thence S 00° 13' 30" E. 76.80 ft to the N E. corner of Lot 120 of "Dutch Mill Gardens" Subdivision, as recorded in Liber 68 on page 70; thence along the North line of said Lot 120, S. 88° 54' 00" W. 198.02 ft. to the N W. corner of said Lot 120, thence along the east line of Santa Anita Ave., 6o ft. wide, N 00° 13' 30" W 80 6o ft. to the point of beginning. Containing 0.357 acres. Subject to all easements and restrictions of record. as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #659-79 RESOLVED, that having considered a communication from Mr. Dennis J. Pheney of the law firm of McElroy, Pheney & Donahue, dated June 13, 1979, with regard to the action taken by the City Council in Council Resolution 554-79, adopted on June 6, 1979, wherein the Council did deny site plan approval for a proposal to construct an auto parts store on the East side .17939 of Farmington Road between Norfolk and Eight Mile Road in Section 3, thc: Council does hereby determine to refer this item to the Committee of the L Whole for further consideration A roll call vote was taken on the foregoing resolution with the following result: AYES. Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #660-?9 RESOLVED, that having considered a communication from the City Planning Commission, dated April 18, 1979, which transmits its resolution 4-67-79, adopted on April 10, 1979, with regard to Petition 79-2-8-4P submitted by Mike Sitto (K & S Associates) requesting site plan approval in connection with a proposal to construct a convenience store on the South side of Ann Arbor Trail, East of Newburgh Road in Section 32, pursuant to provisions set forth in Section 18.58 of Ordinance No. 543, as amended, and the Council having conducted a public hearing with regard to this matter on June 4, 1979, pursuant to Council Resolution 385-79, the Council does hereby determine to concur in the recommendation of the Planning Commission and Petition 79-2-8-4P is hereby denied for the same reasons as those set forth in the aforesaid action of the City Planning Commission. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond and McCann. NAYS: Bishop. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Ventura, it was #661-79 RESOLVED, that having considered a communication from the City Planning Commission, dated June 15, 1979, which transmits its resolution 6-83-79 adopted on June 5, 1979, with regard to Petition 79-5-8-11 submitted by Siegal/Tuomaala Associates requesting site plan approval in connection with a proposal to construct a medical office park on the east side of Newburgh Road between Six Mile Road and Munger in Section 17, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby determine to concur in the recommendation of the Planning Commission and Petition 79-5-8-11 is hereby approved and granted, which approval is to be based upon a revised site plan as to sign dated June 21, 1979 as well as the additional conditions which are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: k AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. t iiiir NAYS: None. By Councilman Taylor, seconded by Councilman Ventura., it was 17940 #662-79 RESOLVED, that having considered a communication from the City Planning Commission, dated June 14, 1979, which transmits its resolution 5-60-79, adopted on May 1, 1979, wherein the City Planning Commission did amend Part V of the Master School and Park Plan so as to delete property located south of Margareta Drive between Newburgh Road and the I-275 Freeway in the Northeast 1/4 of Section 7, the Council does hereby determinE to acknowledge and certify the receipt of same. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #663-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 8, 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 authorize and request the City Clerk to make application to Detroit Edison on forms provided by such company, for the removal of three (3) existing lights presently located on a curve on Ann Arbor Trail in the vicinity of Stark Road and to thereafter, replace the same with five (5) new 250 Watt High- Pressure Sodium Lights to be placed on existing wood poles, it having been the determination of the Council that such lights are required in order to L protect the public safety of the residents of the community. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Nash, Taylor, Bishop and McCann. NAYS: Raymond. The President declared the resolution adopted By Councilman Ventura, seconded by Councilman Bishop, it was #664-79 RESOLVED, that having considered a communication from Padula D'Orazio, 16912 Yorkshire, Livonia, Michigan 48152, dated June 13, 1979, with regard to installment payments to be made in connection with Special Assessment District 194 for the paving of Surrey Avenue and Graytona in the N.E. 1/4 of Section 28, the Council does hereby determine to amend and revise Paragraph 3 of Council Resolution 376-79, adopted on April 25, 1979, so as to provide that the number of annual installments into which the said roll may be divided shall be changed to "FIFTEEN (15)" from "TEN (10)", and the City Treasurer is hereby requested to do all things necessary or incidental to the full performance of this resolution LA roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Nash, seconded by Councilman. Ventura, it was 1794 #665-79 RESOLVED, that having considered a communication from Mr. George Karabenick of A. S. George Building Company, Suite 7, 22100 Coolidge Road, Oak Park, Michigan 48237, dated June 18, 1979 with regard to property known as Item 02h2a, Bretton Gardens Subdivision, the title to which was vested in the State of Michigan on May 2, 1978, the Council does hereby take this means to indicate that the City of Livonia has no need for nor any interest in having said property conveyed to the City of Livonia, and the City Clerk is 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: Ventura, Nash, Taylor, Raymond and McCann. NAYS: Bishop. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Taylor, it was #666-79 RESOLVED, that having considered a communication from the Mayor dated June 13, 1979, approved by the Finance Director, in connection with the action taken by the City Council in Council Resolution 316-79, adopted on April 4, 1979, which authorized a salary for the Director of the Housing Commission in the amount of $18,218 00, the Council does hereby determine to amend and revise Council Resolution 316-79 so as to provide that the said salary shall be allocated as follows: $14,172.00 for MaNamara Towers and $4,046.00 for Silver Village; except as herein revised, the balance of Council Resolution 316-79 shall remain in full force and effect. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Taylor, it was #667-79 RESOLVED, that having considered a communication from the CETA Program Administrator, dated June 8, 1979, approved by the Finance Director and approved for submission by the Mayor, to which is attached Modification No. 001 to the Annual Plan, Modification No. 002 to the Annual Plan, Modification No. 003 to the Annual Plan, Modification No. 022 to Title VI and Modification No. 001 to the Master Plan, the Council does hereby authorize the said Grant Modifications in the manner and form indicated in the aforesaid communication; and the Mayor and City Clerk are hereby requested to execute the same for and on behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. 179,2 By Councilman Nash, seconded by Councilman Taylor, it was #668-79 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City") the need for certain programs to alleviate and prevent conditions of unemployment, to assist and retain local industries and commercial enterprises in order to strengthen and revitalize the City's economy and to encourage the location and expansion of commercial enterprises to provide needed services and facilities to the City and its residents; and WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes has been initiated by The Economic Development Corporation of the County of Wayne (the "Corporation"); and WHEREAS, the Corporation in conformity with Act 338 of the Public Acts of 1974, as amended ("Act 338"), has designated the hereinafter described project area for such a program to this Council for its approval thereof; and WHEREAS, the City Planning Commission has approved said designation; NOW, THEREFORE, BE IT RESOLVED THAT: 1. This Council does hereby certify its approval of the Corporation's designation of the project area described in Exhibit A hereto attached. 2. The City Clerk be and is hereby directed to deliver a certified copy of this resolution to the Secretary of the Board of the Corporation. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bishop and McCann. NAYS: Raymond. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #669-79 RESOLVED, that having considered a letter dated June 15, 1979 from Chantal B. Kalinowski, 14640 Fairway Drive, Livonia, Michigan, requesting permission to close Fairway Drive between Lyndon and Meadowbrook on August 4, 1979 from 2:00 p m. to Midnight for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, including therein permission to conduct the said affair on August 11, 1979 in the event of inclement weather, the action taken herein being made subject to approval of the Police Department. 17943 The communication from the Mayor dated June 16, 1979, with respect to Area Agency on Aging, was received and placed on file for the information of the Council. By Councilman Bishop, seconded by Councilman Ventura, it was #670-79 RESOLVED, that having considered a communication from the Director of Finance, dated June 15, 1979, approved for submission by the Mayor, the Council does hereby determine to authorize the purchase of Gasoline from Texaco, Inc. , effective May 29, 1979 at the following unit prices: Regular - Less than 4,000 Gals. - .642/Gallon Regular - More than 4,000 Gals. - .590/Gallon Lead Free - Less than 4,000 Gals. - .6895/Gallon Lead Free - More than 4,000 Gals. - .6325/Gallon said prices being made in accordance with Federal Government Regulations; further, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 2-213 (d) (5) of the Livonia Code of Ordinances; and all prior resolutions in conflict herewith are hereby repealed, amended, or revised to the extent necessary to be consistent with the action taken herein. A roll cA11 vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #671-79 RESOLVED, that having considered a communication from the City Planning Commission, dated June 15, 1979, which transmits its resolution 6-79-79, adopted on June 5, 1979, with regard to a request from Carl S. Campbell, Pastor, Berean Baptist Church of Livonia, requesting approval of a revised elevation plan submitted in connection with Petition 78-2-2-5 by Berean Baptist Church for waiver use approval to construct a church on property located on the south side of Eight Mile Road between Newburgh Road and Meadowview in the Northeast 1/4 of Section 6, the Council does hereby determine to concur in the recommendation of the Planning Commissior and to approve the said request based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. H. roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS' None. 17944 By Councilman Taylor, seconded by Councilman Nash, it was #672-79 WHEREAS, pursuant to the direction of the City Council in its Resolution No. 508-79, adopted on May 23, 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 June 13, 1979 an assessment roll dated June 13, 1979 for the proposed improvement consisting of 27' wide full-depth asphalt pavement with valley swales (Alternate III) on Levan Road from Plymouth to Parkdale in the North 1/2 of Section 32, 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 No. 508-79. 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 o" 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, August 13, 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 August 13, 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, it was #673-79 WHEREAS, pursuant to the direction of the City Council in its Resolution No. 425-79, adopted on May 9, 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 June 7, 1979 an assessment roll dated June 7, 1979 for the proposed improvement consisting of the placement of 4" of asphalt on existing roadway (Alternate IV) in a portion of Park Woods Subdivision (Stanmoor and Whitcomb Drives) in the North 1/2 of Section 13, 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 425-79. 1'1945 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, August 13, 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; yT 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 August 13, 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, it was #674-79 RESOLVED, that having considered a communication from the Michigan Municipal League, dated June 14, 1979, the Council does hereby determine to designate Mayor Edward H. McNamara as Official Representative, and Council President Robert E. McCann, as Alternate Official Representativ to represent the City of Livonia at the annual meeting of the Michigan Municipal League to be held at the Hyatt Regency Hotel, Dearborn, Michigan, September 12 - 14, 1979; and the City Clerk is hereby requested to transmit a certified copy of this resolution, with the attached card, to the Michigan Municipal League. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS. None. By Councilman Raymond, seconded by Councilman Ventura, it was #675-79 RESOLVED, that having considereda communication from the Director of Community Resources, dated June 13, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which submits a donation received in the amount of $500.00 from the Livonia Towne Club for use in the Senior Citizen Nutrition Program, the Council does hereby determine for and on behalf of the City of Livonia to accept the said gift and takes this means to indicate its sincere appreciation to the Livonia Towne Club for this fine and generous gift. 17946 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 78-3-1-16 FOR CHANGE OF ZONING FROM RUF TO P.S. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 8-242 (a) (2) b, c, and d, SECTION 8-242 (c) (3) AND ADDING SUB- PARAGRAPHS (6) AND (7) THERETO, OF TITLE 8, CHAPTER 2 (MISDEMEANOR ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Raymond gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 7 (RETIREMENT PLAN ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES AS AMENDED, BY AMENDING SECTIONS 2-745 AND 2-746 THEREOF. 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. 17947 Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 7 (RETIREMENT PLAN ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SUBSECTION (1) (a) AND (b) OF SECTION 2-721 AND SUBSECTION (a) OF SECTION 2-730 THEREOF. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Raymond gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 7 (RETIREMENT PLAN ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SUBSECTION (22) OF SECTION 2-705 THEREOF. 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 Taylor, seconded by Councilman Bishop, it was #676-79 RESOLVED, that having considered a communication from the City Treasurer, dated June 28, 1979, in connection with the action taken by the City Council in Council Resolution 625-79, adopted on June 20, 1979, which approved the levy of special assessments on certain properties in connec- tion with the 1977 Miscellaneous Sidewalk and Driveway Approach Program anc Council Resolution 626-79 which approved the levy of special assessments or certain properties in connection with the 1978 Miscellaneous Sidewalk and Driveway Approach Program, the Council does hereby determine to amend and revise Council Resolutions 625-79 and 626-79 so as to provide that the affected property owners shall be allowed to pay the subject special assess meats in ten (10) equal installments with interest at the rate of eight percent (8%) per annum on the unpaid balance of the assessment, commencing from December 1, 1979, and with the first installment to be due and payabl:. December 1, 1979 and subsequent installments on December 1 of succeeding years; and the City Treasurer is 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: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. 17948 By Councilman Nash, seconded by Councilman Taylor, it was #677-?9 RESOLVED, that having considered a communication dated June 28, 1979 from the Department of Law transmitting for Council acceptance a Grant of Easement dated June 26, 1979 executed by Angelo DiPonio, . President, and Margaret DiPonio, Vice-President, of the Greenfield Construction Company, Inc. conveying: The center line of a twelve (12) foot wide easement being more particularly described as follows: Beginning at a point distance S. 89° 58' W. along the North line of Section 18, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, 287.73 feet and S. 0° 02' E. 623.0 feet and S 89° 58' W. , 314.00 feet from the N E. corner of said Section 18; proceeding thence N. 0° 02' W. , 195.00 feet to a point; thence N. 38° 41' 35" W. , 70.43 feet to the point of ending. The Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #678-79 RESOLVED, that having considered a communication from Plante & Moran, Certified Public Accountants, P. 0. Box 307, 26211 Central Park Boulevard, Southfield, Michigan 48037, dated June 4, 1979, which transmits reports prepared in connection with the independent audit of the financial statements of the various funds of the City of Livonia for the year ending November 30, 1978 and of water and sewer funds for the year ending February 28, 1979, the Council does hereby determine to 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: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, it was #679-79 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, August 27 17949 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 79-5-1-12 submitted by Michael and William Schwartz for a change of zoning of property located on the east side of Purlingbrook, south of Eight Mile Road, in the North 1/2 of Section 2, from R-1 to R-7, the City Planning Commission having in its resolution 6-71-79 recommended to the City Council that Petition 79-5-1-12 be approved; and (2) Petition 79-5-6-2 submitted by the City Planning Commission on its own motion to amend Section 12.02, Uses Permitted, of the P.L. District Regulations, and Section 4.03, Waiver Uses, of the R-1 through R-5 District Regulations, to incorporate regulations to control the use of public lands by organizations such as school, churches, etc. , for fund raising purposes, the City Planning Commission having in its resolution 6-76-79 recommended to the City Council that Petition 79-5-6-2 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 (a) nature of the proposed amendment to the Zoning Ordinance, (and/or) (b) location of the proposed change 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 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Taylor, it was #680-79 RESOLVED, that having considered a communication dated June 26, 1979 from the Michigan Liquor Control Commission, with regard to an applica- tion from Ms. Jeanette Gomboa of 29215 Five Mile, Livonia, Michigan 48154, for a new full year Class C license to be located at 29215 Five Mile, Livonia, Michigan 48154, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration, along with all other such applications, and CR-523-78, adopted on June 7, 1978 wherein approval of a new Class "C" license to be located at 29215 Five Mile Road, was granted to Bernard A. Davidson, is hereby rescinded and repealed inasmuch as the approval therein is no longer applicable due to the sale of the subject property; further, the City Clerk is hereby requested to forwarc a certified copy of this resolution to the Michigan Liquor Control Commis. sion. 17950 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #681-79 RESOLVED, that having considered a communication dated June 29, 1979 from the Michigan Liquor Control Commission, with regard to an application from Carlos Raoul Franco of 672 Leonard N W. , Grand Rapids, Michigan 49504, for a new full year Class C license to be located at 33605 Plymouth Road, Livonia, Michigan 48150, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration, along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #682-79 RESOLVED, that having considered a communication dated July 2, L 1979 from the Department of Law transmitting for Council acceptance two Grants of Easements more particularly described as: 1. Grant of Easement dated June 13, 1979 executed by R. J. Higgins, Board Chairman, and J S. Carton, Vice President, of Bill Knapp's Livonia, Inc. and David D. Phipps, partner, of J-P Properties, Inc. conveying: A 20 ft. wide easement in Section 18, T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan, the centerline described as beginning at a point located S 89° 58' W. 1211.73 ft. along the North line of said Section 18 and S 0° 02' E 411.00 ft. along the west line of South Laurel Park Drive to the point of beginning from the Northeast corner of said Section 18; proceedin then along said easement centerline S 89° 58' W. 281.00 ft. more or less to the point of ending. 2. Grant of Easement dated June 13, 1979 executed by R. J. Higgins, Board Chairman, and J. S. Carton, Vice President, of Bill Knapp's Livonia, Inc. and David D. Phipps, partner, of J-P Properties, Inc. conveying: A 12 ft. wide easement in Section 18, T. 1 S. , R. 9 E , City of Livonia, Wayne County, Michigan, the centerline described as beginning at a point located S. 89° 58' W. 1211.73 ft. along the L North line of said Section 18 and S. 0° 02' E. 464.00 ft. along the West line of South Laurel Park Drive to the point of beginnin, from the Northeast corner of said Section 18; proceeding then along said easement centerline S. 89° 58' W. 281.00 ft. more or less to the point of ending. 17951 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 coli vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By CouncilmAn Ventura, seconded by Councilman Nash, it was #683-79 RESOLVED, that having considered a communication dated April 30, 1979 from the City Planning Commission, which transmits its resolution. 5-57-79, adopted on April 21l, 1979, with regard to Petition 79-3-2-8, submitted by the Lords House requesting waiver use approval to construct a school on property zoned RUF located on the west side of Newburgh Road between Joy Road and Ann Arbor Trail in the Southeast 1/1 of Section 31, the Council does hereby determine to take no further action in view of the withdrawal of this petition by the petitioner, Rev. John W. Cossin. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was 0684-79 RESOLVED, that having considered a communication from the Personnel Director, dated March 14, 1979, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on March 7, 1979, wherein it is recommended that the compensation of the Chairman of the Civil Service Commission be increased by an additional $75.00 per month (from $200 00 per month to $275.00 per month), the Council does hereby determine to approve a $25.00 per month increase for the compensation of the Chairman of the Civil Service Commission (from $200.00 per month to $225.00 per month) . A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond,Bishop and McCann. NAYS: None By Councilman Bishop, seconded by Councilman Ventura, it was #685-79 RESOLVED, that having considered a communication from the City Engineer, dated February 19, 1979, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a communication dated January 17, 1979 from R E. Dailey & Company, regarding a request for additional construction management fee, the Council does hereby determine to approve an increase in the fees to be paid to the Construction Manager of $23,823.97, which payment shall 17952 constitute a final payment for all services rendered by R. E Dailey & Company through the date of the final completion of the new City Administrative Offices Building, including the renovation of the existing City Hall; and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $23,823.97 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 inciden- tal to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #686-79 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 August, 1979: Wednesday, August 15, 1979; and Wednesday, August 29, 1979. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #687-79 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Ventura, seconded by Councilman Taylor, it was #688-79 RESOLVED, that having considered a communication from the City Clerk dated July 16, 1979, which indicates that Biltmore Properties, 2900 W Maple Road, Troy, Michigan 48084, proprietor of Windridge Village Subdivision No. 3, situated in the Northeast 1/4 of Section 4, has deliverer final true plats to the City Clerk and requested that said plat be presented to Council for final approval; and the Council having received a communica- tion from the City Planning Commission dated July 12, 1979, wherein said Commission approves the final plat for the said subdivision in its resolu- tion 7-115-79, adopted on July 10, 1979, and the Council having considered a report from the City Engineer dated July 3, 1979 recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 1+49-79, adopted on May 9, 1979, said preliminary plat having been recommended for approval by the City Planning Commission on April 24, 1979 in its resolution 4-61-79; NOW, THEREFORE, the Council does hereby determine to grant its approval to the Final Plat of Windridge Village Subdivision No. 3, located in the Northeast 1/4 of Section 4, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia; and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. 17953 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #689-79 RESOLVED, that having considered a communication from the City Clerk dated July 16, 1979, which indicates that the Curtis Building Company, 25950 Five Mile, Detroit, Michigan 48239, proprietor of Wellington Woods Subdivision, located in the Northeast 1/4 of Section 33, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval; and the Council having received a communication from the City Planning Commission dated July 12, 1979, wherein said Commission approves the final plat for the said subdivision in its resolu- tion 7-114-79, adopted on July 10, 1979; and the Council having considered a report from the City Engineer, dated July 3, 1979 recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 1049-78, adopted on November 29, 1978, said preliminary plat having been recommended for approval by the City Planning Commission on March 1, 1978 in its resolution 2-32-78; NOW, THEREFORE, the Council does hereby determine to grant its approval to the Final Plat of Wellington Woods Subdivision, located in the Northeast 1/4 of Section 33, City of Livonia, Wayne County, Michigan, as submitted by the L proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia; and further, the City Clerk is 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: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Taylor, it was #690-79 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 199 for the proposed paving improvement of Hathaway from Farmington to Stark in Section 33 in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, July 16, 1979, at 7:00 p.m. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street L improvement to be constructed in Special Assessment District No. 199, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments: NOW, THEREFORE, BE IT RESOLVED, THAT: 17954 (1) The City Council does hereby determine tnat the assessments set forth in said Special Assessment Roll. dated May 7, 1979, in the amount of $127,431.91, are fair and equitable and based upon benefits to be derived by construction of improve- ments proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 199 is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into fifteen (15) equal annual installments with interest at the rate of eight (8) percent per annum on the unpaid balance of the assessment from the date of confirmation. Said interest shall be payable on each installment due date; provided, however, that after the issuance of bonds to be issued in anticipation of the collection of the unpaid assessments on the said special assessment roll, said rate of interest shall be adjusted to a rate which is not more than 1% above the average rate of interest borne by said bonds. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1980 and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed; may, within sixty (60) days from December 1, 1980 pay the whole or any part of the assessment without interest or penal (5) The first installment shall be spread upon the 1980 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1980 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expira- tion of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; and (6) The City Council having determined to pay a portion of the cost (50%) of the said improvement within tha said district in the sum of $127,427.43. 17955 .► roll call vote was taken on the foregoing resolution with the following result: 10. AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #691-79 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 200, more particular described in Council Resolution 557-79, adopted on June 6, 1979, as require by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in the Laurel Park South Subdivision in said Special Assessment District No. 200; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with post top poles with high pressure sodium lights and underground wiring and that the assessments set forth in said Special Assessment District No. 200 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City L Council; said Special Assessment Roll No. 200 based on installation of street lighting with post top poles with high pressure sodium lights and underground wiring in Laurel Park South Subdivision in the Northeast 1/4 0_ Section 18, is hereby approved and confirmed in all respects; pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bishop and McCann. NAYS: Raymond. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Ventura, it was #692-79 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 201, more partic- i_ ularly described in Council Resolution 558-79, adopted on June 6, 1979, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lightir is to be installed, such roll having been prepared on the basis of street lighting being installed in the Cureter Industrial Subdivision in the 17956 Northwest 1/4 of Section 28, City of Livonia, Michigan, in said Special Assessment District No. 201; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornamental poles and underground wiring and that the assessments set forth in said Special Assessment District No. 201 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; said Special Assessment Roll No. 201 based on installation of ornamental street lighting with underground wiring in Cureter Industrial Subdivision is hereby approved and confirmed in all respects; pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. fi roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bishop and McCann. NAYS: Raymond. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Taylor, it was #693-79 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 202, more partic- ularly described in Council Resolution 560-79, adopted on June 6, 1979, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Windridge Village Subdivision No. 2 in the Southeast 1/4 of Section 4, City of Livonia, Michigan, in said Special Assessment District No. 202; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with standard ornamen- tal poles with high pressure sodium lights and underground wiring and that the assessments set forth in said Special Assessment District No. 202 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; said Special Assessment Roll No. 202 based on installation of street lighting with standard ornamental poles with high pressure sodium lights and underground wiring in Windridge Village Subdivision No. 2 is hereby approved and confirmed in all respects; pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk 17957 is hereby authorized to transmit the proper street lightikg order to the Detroit Edison Company on forms provided by them for this purpose. A roil call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bishop and McCann NAYS: Raymond. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Ventura, it was #694-79 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 203, more partic- ularly described in Council Resolution 559-79, adopted on June 6, 1979, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in the Louis Nelson Industrial Subdivision in the Northwest 1/4 of Section 28, City of Livonia, Michigan, in said Special Assessment District No. 203; impNOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornamental poles with underground wiring and that the assessments set forth in said Special Assessment District No. 203 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; said Special Assessment Roll No. 203 based on installation of ornamental street lighting with underground wiring in the Louis Nelson Industrial Subdivision is hereby approved and confirmed in all respects; pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bishop and McCann. NAYS: Raymond. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bishop, it was #695-79 WHEREAS, Act 604 of PA 1978 amended the State Minimum Wage Over- time Pay Law, effective January 4, 1979, imposing certain overtime pay requirements on cities; and 17958 WHEREAS, the Legislature provided in Act b04 that the state will reimburse cities for the cost of such overtime pay only if Act 604 made a change in the former overtime pay law; and WHEREAS, there is a substantial legal question as to the overtime pay requirements under Michigan law prior to January 4, 1979, a question which the Legislature failed to clarify when it passed Act 604; and WHEREAS, until the law is clarified, the City will not know whether the State will reimburse the City for the cost of overtime pay under Act 604, or whether the City will be liable for retroactive overtime pay without state reimbursement; NOW, THEREFORE, BE IT RESOLVED, That the City authorizes and directs the law firm of Brown, Colman & DeMent, P.C. of Kalamazoo, Michigan, in the name of the City, to take whatever steps it deems necessary and desirable to obtain a clarification of the law and reimburse- ment from the State for expenditures made by the City pursuant to Act 604. The legal fees and costs for such action shall be prorated among cities participating in the litigation based upon the normal complement of employees engaged in fire protection activities in each participating City and in no event will the charges to the City exceed five thousand dollars ($5,000.00) . A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #696-79 RESOLVED, that having considered a communication from the Fire Chief, dated July 12, 1979, approved by the Finance Director and approved for submission by the Mayor Pro Tem, in connection with the payment of overtime pay to firemen in accordance with the provisions of Act 604 of Public Acts of Michigan of 1978, as amended, the Council does hereby determine to appropriate the sum of $20,000.00 from the Unexpended Fund Balance Account to be transferred to the Firefighters Overtime Account for this purpose. A rill call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #697-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 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, the Council does hereby accept the unit price bid of Thompson McCully Company, 5905 Belleville Road, Belleville Michigan 48111 , for the improvement of Hathaway between Farmington and Stark with a 28-Foot Wide Full Depth Asphalt Pavement with Valley Swales (City's Alternate III), for the estimated total cost of $221,707.43, based upon the 17959 Engineering Division's estimate of units of work involved, and subject to a final payment based upon the actual units of work completed in accord- ance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; further, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $221,707.43 from the $7.9 Million General Obligation Road Improvement Bond Issue for this purpose, subject to and conditioned upon the provision that this bond issue shall be reimbursed at such time as funds become available from a future special assessment bond issue and/or a Motor Vehicle Highway Fund Bond Issue; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES. Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, and unanimously adopted, it was #698-79 RESOLVED, that having considered a communication from Mr. and Mrs. Fred Greene, 19521 Shadyside, Livonia, Michigan 48152, dated July 10, 1979, wherein a request is made for the vacating of the alley located directly to the rear of their property (Lot Numbers 198, 199 and 200 of Westmore Subdivision), the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions and law and city ordinance. By Councilman Taylor, seconded by Councilman Nash, and unanimously adopted, it was #699-79 RESOLVED, that having considered a communication from McNeely & Lincoln Associates, Inc. , 29100 Five Mile Road, Livonia, Michigan 48154, dated July 9, 1979, wherein a request is submitted in behalf of their client, Favot & Son Building Company, Inc. , for the vacating of the public alleys and the public easement lying between Inkster Road and Cavell Avenue, Meadowbrook Avenue and Oakley Avenue in B. E Taylor's Como Lake Sub- division, 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 #700-79 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated July 9, 1979, with regard to an application from Mrs. Winifred Olivia Garlow Zurek and Mr. Peter Francis Zurek of 30981 Lyndon, Livonia, Michigan, for a new full year Class C license to be located at 29514-A Seven Mile Road, Livonia, Wayne County, Michigan, the Council does hereby determine to take this means to advise the Michigan Liquor Control Commission that the City Council approved the said request "Above All Others" such approval being subject to and conditioned upon compliance by the applicant with the following conditions: 1?960 1. That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 2. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. 3. That a police report will be submitted to the Council. In the event that the applicant fails to comply with any of the aforesaid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked; and to the extent necessary to be consistent with the action taken herein, Council Resolution 855-78, adopted on September 27, 1978, is hereby amended and revised; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Raymond, it was #701-79 RESOLVED, that having considered a communication from Mr. Roy Sipes, Show Chairman, 8641 Hubbard, Westland, Michigan, received by the Office of the City Clerk on July 11, 1979, wherein it is requested that the requirement of a transient merchant's license be waived for the exhibitors at the Livonia Woodcarvers' Annual Show, to be held on August 4 and 5, 1975 at the Eddie Edgar Sports Arena, the Council does hereby determine to approve such action and does request that the Bureau of Inspection and the City Clerk 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: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Ventura, it was #702-79 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated July 6, 1979, approved for submission by the Mayor, with regard to a request from Mr. C Gerald Hemming, 34935 Schoolcraft, Suite 210, Livonia, Michigan 48150, attorney for Petitioner, Dolores Hayes, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the propose division and combination of Tax Item No. 46 009 99 0101 000 (03A68a1) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing and combining of the same into two (2) parcels, the legal descriptions of which shall read as follows: 1i961 PARCEL "A" Part of. the N.E 1/4 of Section 3, T 1 S. , R 9 E , City of Livonia, Michigan, more particularly described as follows: Beginning at a point distant SO-10-COW 1272.04 ft. along the North and South 1/4 Section line and S89-52-20E 30.00 ft. from the N. 1/4 corner of said Section 3 said point being the N E corner of Hubbard Road and Norfolk Ave. and proceeding thence NO-10-00E 115.27 ft. along the East line of Hubbard Road, thence S89-52-20E 150.24 ft. , thence S0-10-COW 115.27 ft., thence N89-52-20W 150.24 ft. along the North line of Norfolk Ave. to the P.O.B. Subject to Easements of Record. PARCEL "B" Part of the N.E. 1/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Michigan, more particularly described as follows: Beginning at a point distant 80-10-COW 1272.04 ft. along the North and South 1/4 Section line and S89-52-20E 180.24 ft. along the North line of Norfolk Ave. from the N. 1/4 corner of said Section 3, and thence proceeding NO-10-00E 115.27 ft. thence S89-52-20E 150.24 ft thence SO-10-00W 115.27 ft. , thence N89-52-20W 150.24 ft. along the North line of Norfolk Ave. to the P.O.B Subject to Easements of Record as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was x#703-79 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 18, 1979, and the report and recommendation of the Chief of Police, dated July 5, 1979, in connection therewith, the Council does hereby determine that it has no objection to and does recommend approval of the request from Quik Pik Food Stores, Incorporated for a new SDM license to be located at 27455 W. Six Mile Road, Livonia, Michigan 48152, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Raymond and Bishop. NAYS: Taylor and McCann. The President declared the resolution adopted By Councilman Bishop, seconded by Councilman Raymond, and unanimously adopted, it was 17962 #704-79 RESOLVED, that having considered a communication from Madelyn Priebe, 14381 Riverside, Livonia, Michigan 48154, received by the Office of the City Clerk on July 11, 1979, requesting permission to block off both Riverside Drive accesses from Perth Avenue on September 7, 1979 from 6:00 p.m. to 1:00 a.m. for an annual block party, 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 Bishop, seconded by Councilman Raymond, and unanimously adopted, it was #705-79 RESOLVED, that having considered a communication from Mr. Ronald C. Rogowicz, President of the Coventry Gardens Improvement Association, dated June 30, 1979, requesting permission to close Rayburn at Farmington Road, Myrna at Farmington Road, Rayburn at Stamford and Edington at Rayburn, for the purpose of conducting an annual subdivision picnic at Coventry Park in Coventry Gardens, on July 28, 1979 from 11:00 a.m. to 10:00 p.m. , the Council does hereby determine to grant permission as requested, including therein permission to conduct the said affair on Sunday, July 29, 1979, in the event of inclement weather, the action taken herein being made subject to approval of the Police Department. By CouncilmAn Bishop, seconded by Councilman Raymond, and unanimously adopted, it was #706-79 RESOLVED, that having considered a communication from Ms. Charlotte J. Jonik, President of the Friends of the Barn, Inc. , 9836 Camden, Livonia, Michigan 48150, dated June 25, 1979, requesting permis- sion to use the grounds of the Wilson Barn Property on Sunday, August 12, 1979, between the hours of 12:00 Noon to 6:00 p.m. for the purpose of conducting a barn raising dance, the Council does hereby determine to grant permission as requested. By Councilman Taylor, seconded by Councilman Nash, it was #707-79 RESOLVED, that having considered a communication from Mr. Robert H. Kelley of the Detroit Edison Company, dated June 27, 1979, with regard to the question of Detroit Edison installing an electrical distribution system in an easement at the front of the lot in new residential sub- divisions rather than the rear, the Council does hereby determine to refer this matter to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result : AYES: Ventura, Nash, Taylor and McCann. NAYS: Raymond and Bishop. rhe President declared the resolution adopted. 17963 By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #708-?9 RESOLVED, that having considered a letter from Mrs. Shirley Schrader, 9871 E. Clement Cr., Livonia, Michigan, dated June 22, 1979, to which is attached a petition filed by certain residents of E. Clements Circle, requesting the installation of stop signs at the intersection of Orangelawn and E. Clements Circle, the Council does hereby determine to refer the same to the Traffic Commission for its report and recommendation. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #709-79 RESOLVED, that having considered a petition from certain residents of Wildwood Forest, dated June 27, 1979, requesting the installa- tion of stop signs at the following intersections: A 3-Way Stop at Lyndon & Riverside, A 3-Way Stop at Riverside & Henry, A Stop Sign at Riverside Court and Riverside and, A Stop Sign at Fairlane and Lyndon; the Council does hereby refer the same to the Traffic Commission for its report and recommendation By Councilman Ventura, seconded by Councilman Taylor, it was #710-79 RESOLVED, that having considered a communication dated June 26, 1979 from the City Planning Commission which transmits its resolution 6-87-79, adopted on June 19, 1979, with regard to Petition 79-4-2-11 submitted by A E. McCardell requesting waiver use approval to construct an addition to, and remodel the existing restaurant located on the north side of Seven Mile Road between Middlebelt and Parkville in the Southwest 1/4 of Section 1, the Council does hereby determine to concur in the recommenda- tion made by the City Planning Commission and Petition 79-4-2-11 is hereby approved and granted, such approval to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. A rcll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None By Councilman Bishop, seconded by Councilman Ventura, it was 17964 #711-79 RESOLVED that, Rest-In-The-Son Inc. , 15379 Farmington Road, Livonia, Michigan 48154, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Bicentennial Estates Subdivision, located in the Northwest 1/4 of Section 4, City of Livonia, the said proposed preliminary plat being dated October 28, 1978; and it further appearing that tentative approval of such prelim- inary plat was given by the City Planning Commission, after due notice and a public hearing on November 14, 1978; and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated June 28, 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 considered 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 Ordinance, 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. 17965 A Trees $ 11,400 00 B. Street Name Signs 900.00 C. Traffic Control Signs 1,725.00 D. Street Light Notification Signs 100.00 E Engineering Services (General Improvement & Sidewalks) 1. Plan Review r and Administration (1-1/2%) $ 14,529.00 2. Field Inspection (3-1/2%) 33,901 00 48,43o.oO F. Engineering Services (Grading and Soil Erosion Control) 1. Plan Review 125.00 2. Permit and Inspection 700.00 825.00 TOTAL CASH PAYMENTS $63,380.00 (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 Sub- division Regulations; (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council withix 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: A. General Improvement Bond - $1,043,000.00, of which at least 10,000.00 shall be in cash B. Sidewalk Bond - 69,000.00, of which at least 7,000.00 shall be in cash 17966 C. Grading and SoilESrosion Control Bond - $12,000.00, of which at least 2,500.00 shall be in cash. D. Monuments and Lot Markers - 3,415.00 Cash E. Development of Greenbelt Areas & Entrance Markers - 5,500.00, of which at least 2,000.00 shall be in cash. F. Cash Escrow Payment for Maintenance of Beitz Drain Enclosure 4,000.00 shall be in cash. (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. $2,121.50) related to the Gill Road paving, is hereby waived for the reasons indicat- ed in the Engineering Division's report dated June 28, 1979. A roll_ call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Raymond, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #712-79 RESOLVED, that having considered a communication from the Department of Law, dated July 16, 1979, approved by the Finance Director, the Director of Public Works and the City Engineer, and approved for sub- mission by the Mayor, and submitted pursuant to Council Resolution No. 647-79, which transmits proposed Sales and Maintenance Contracts for a telephone system with ITT, the Council does hereby determine to authorize the Mayor and City Clerk to execute a contract for and on behalf of the City of Livonia with ITT Communications Systems Corporation for the installation of the recommended ITT telephone system for the City Hall for the price of $248,744.00, on the basis of an installment sales contract, in the manner and form herein submitted; further, the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute an additional contract by and between the City of Livonia and the ITT Communications Systems Corporation for the term of five (5) years for the maintenance of the aforesaid telephone system in the manner and form submitted; further, the Council does hereby authorize the said contracts without competitive bidding, in accordance with the provisions set forth in Section 2-213 (d), (5) of the Livonia Code of Ordinances, as amended; and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Raymond, Bishop and McCann. NAYS: Ventura and Nash. The President declared the resolution adopted. 17967 By Councilman Ventura, seconded by Councilman Nash, and unanimously .adopted, this 910th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:30 P. M , July 18, 1979. ADDISON W. BAC CITY CLERK