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HomeMy WebLinkAboutCOUNCIL MINUTES 1978-04-19 17009 MINUTES OF THE EIGHT HUNDRED AND EIGHTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 19, 1978, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Coun- cil at approximately 8.00 P. M. . Councilman Raymond delivered the invocation. Roll was called with the following result. Present--Robert E. McCann, Robert F. Nash, Jerry Raymond, Robert D. Bennett and Jerry H. Brown. Absent--Robert R. Bishop and Peter A. Ventura. Elected and appointed officials present Edward H. McNamara, Mayor, Addison W. Bacon, City Clerk, Frances S. Stem, Deputy City Clerk, Harry C. Tatigian, City Attorney, Robert Osborn, Director of Public Works, John T. Dufour, Superintend- ent of Parks and Recreation, G. E. Siemert, City Engineer, Ronald Mardiros, City Assessor, Frank Kerby, Chief Building Inspector, Thomas Griffiths, Chief Accountant, John Nagy, City Planner, H. G. Shane, Planning Department; Henry Binder, Water and LSewer Board; and Martin Reiser, Water and Sewer Board. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was 0#321-78 RESOLVED, that the minutes of the 880th Regular Meeting of the Council of the City of Livonia, held April 5, 1978, are hereby approved. The communication dated April 18, 1978 from the Department of Law with respect to Wayne County Circuit Court Civil Action No. 78-809778-AS (Margaret Prappas vs City of Livonia), was received and filed for the information of the Council. The communication dated March 28, 1978 from the Department of Law, with respect to Wayne County Circuit Court No. 78-800826-CZ (William Dwyer vs Robert E McCann and Robert B. Brzezinski), was received and filed for the information of the Council, The communication dated March 27, 1978 from the Department of Law, with respect to Wayne County Circuit Court No. 77-706-030-AS (Debra Owens, Kathleen Sullivan and Livonia Police Officers) vs City of Livonia was received and filed. 17010 The communication dated March 17, 1978 from the Director of Finance, which transmits various statements of the City for the month ending February 28, 1978, was received and filed for the information of the Council. Councilman Brown took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 77-12-3-11) A roll call vote was taken on the foregoing Ordinance with the following result: AYES. Raymond, Bennett, Nash, Brown and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Brown took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING CHAPTER 7 (RETIREMENT PLAN ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SUBSECTION (23) TO SECTION 2-705, BY AMENDING SUBSECTION (d) OF SECTION 2-730 AND SUBSECTION (a) OF SECTION 2-738, AND BY ADDING SECTION 2-748 THERETO. A roll call vote was taken on the foregoing Ordinance with the following result. AYES• Raymond, Bennett, Nash, Brown and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Nash, seconded by Councilman Bennett, it was #322-78 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation, dated March 10, 1978, approved by the Finance Director and approved for submission by the Mayor, with regard to bids received for baseball equipment--1978, as set forth in a list and tabulation attached to the aforesaid communication, the Council does hereby determine to accept the bids as recommended in the aforesaid list for the total price of $9398.95,for the amounts, items, bidders and prices indicat- ed, the same having been in fact the lowest bids received for these item^, and meets all specifications. 17011 A ro]_] call vote was taken on the foregoing resolution with the following result AYES: Raymond, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, it was #323-78 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 29, 1978, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Lewis Swimming Pool Maintenance, 28302 Joy Road, Livonia, Michigan, for-opening and closing Livonia's three 'bnicipal Swimming Pools for the price of $3280.00, the same having been in fact the lowest bid received which meets all specifica- tions, and the bid of B & B Pools with respect to this item is hereby rejected inasmuch as it does not meet specifications as indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result AYES. Raymond, Bennett, Nash, Brown and McCann. NAYS: None By Councilman Nash, seconded by Councilman Brown, it was imp #324-78 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated April 5, 1978, approved for submission by the Mayor, with regard to bids received for printing--1978, as set forth in a list and tabulation attached to the aforesaid communication, the Council does hereby determine to accept the bids as recommended in the aforesaid list (a) Printing of envelopes to Curtis 1000, P. 0. Box 41, Farmington, Michigan 48021, (b) Printing of letterhead, ordinances, card stock and bookmarks to Compton Printing Company, Inc., 32349 Eight Mile Road, Livonia, Michigan 48152, and (c) Balance of printing to Winkler Printing Company, 32403 Plymouth Road, Livonia, Michigan 48150, for the amounts, items and prices indicated, the same having been in fact the lowest bids received for these items and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result . AYES Raymond, Bennett, Nash, Brown and McCann. NAYS. None. By Councilman Bennett, seconded by Councilman Nash, it was 17012 #325-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 21, 1978, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Troxler Electronic Laboratories, Inc. , P. 0. Box 12057, Cornwallis Road, Research Triangle Park, North Carolina 27709, for .a Nuclear Density Meter for the price of $3450.00, the same having been in fact the lowest and only bid received and meets all specifications, further, the Council does hereby authorize the transfer of an additional sum of $580.00 to be transferred from the Engineering Salaries Account (No. 441-702) to the Capital Outlay Account (No. 441-987) for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES• Raymond, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #326-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 28, 1978, which bears the signature of the Finance Director, is approved by the Chairman of the Water and Sewer Board and the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the Unit Price Bid of Spiniello Construction Company, 25 Airport Road, Morristown, New Jersey, for the 1978 Water Main Cleaning and Cement Mortar Lining of Cast Iron Water Main in Place (Contract 78-B), for the estimated total cost of $238,034.00, based upon the Engineering Division's estimate of units of work involved, subject to a Final Payment based upon the actual units of work as completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $238,034.00 from the Water Department Capital Outlay Account for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as required, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necesaaryr or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES. Raymond, Bennett, Nash, Brown and McCann NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #327-78 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated March 3, 1978, which bears the signature of the Director of Finance, is approved by 17013 the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to amend and revise Council Resolution 1027-77 adopted on November 21, 1977, so as to delete therefrom the acceptance of the Unit Price Bid of Carhartt, Inc., P. 0. Box 600, Dearborn, Michigan, with respect only to blue jean-type work pants, and in lieu thereof to accept the Unit Price Bid in the amount of $12.75 of Allie Bros., 20331 Middlebelt Road, Livonia, ' Michigan 48152, for supplying the Public Service Division (Forestry, Parks and Golf Course Sections) with Blue Jean-type Work Pants, 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- Raymond, Bennett, Nash, Brown and McCann. NAYS- None. By Councilman Raymond, seconded by Councilman Brown, it was #328-78 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 31, 1978, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits its resolution WS 2260 3/78, the Council does hereby determine to accept the bid of Le Ran Copper & Brass Co., 300 Jay Street, Coldwater, Michigan 49036, for supplying the Water Department with Type "K" Water Tubing at the following unit prices, the same having been in fact the low- est bid received with respect to this item- 25,000 Ft. More or Less, 3/4" Type "K" Copper Water Tubing in 60 Ft. Rolls .665 Ft. 5,000 Ft. More or Less, 3/4" Type "K" Copper Water Tubing in 100 Ft. Rolls .665 Ft. 5,000 Ft. More or Less, 1" Type "K" Copper Water Tubing in 100 Ft. Rolls .846 Ft. 1,000 Ft. More or Less, 1-1/2" Type "K" Copper Water Tubing in 6o Ft. Rolls $1.39 Ft. 1,000 Ft. More or Less, 2" Type "K" Copper Water Tubing in 40 Ft. Rolls $2.12 Ft. A roll call vote was taken on the foregoing resolution with the following result- AYES. Raymond, Bennett, Nash, Brown and McCann. NAYS None. By Councilman Raymond, seconded by Councilman Brown, it was #329-78 RESOLVED, that having considered a communication from the Livonia Housing Director, dated March 9, 1978, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein it 17014 is proposed to purchase from the Wayne County Soil Conservation Service for resale to the general public 20,000 seedlings in connection with the 1978 Arbor Day Program, the Council does hereby determine to appropriate as an advance the sum of $1184.00 from Forestry Department Account 101-781-785. 000.000, subject to reimbursement of said account from the proceeds received as a result of the said seedlings sale. A roll call vote was taken on the foregoing resolution with the following result. AYES. Raymond, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Brown seconded by Councilman Raymond, it was #330-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 7, 1978, which bears the signature of the Finance Director, is approved by the Director of Public Works and the Chairman of the Water and Sewer Board and is approved for submission by the Mayor, the Council does hereby authorize Final Payment in the amount of $4321.62 to Franciosi-Fanelli, Inc., 18255 Doris Avenue, Livonia, Michigan 48152, which sum includes the final and complete balance due on a contract dated November 16, 1976 in the amount of $28,663.74, the actual contract amount completed to date being $29,432.38, in connection with the Fairlane Road Water Main Extension Project (Contract 76-K), it appearing from the aforementioned report that all work under the said contract has ibr been completed in accordance with City standards and specifications and that the necessary contractor's affidavit, maintenance and guarantee bond have been filed, and for this purpose the Council does hereby appropriate and authorize the expenditure of an additional sum in the amount of $768.64 from the Unexpended Fund Balance Account of the Water Fund; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES Raymond, Bennett, Nash, Brown and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Bennett, it was #331-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 7, 1978, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the Botsford Park Subdivision Road Improvement Project (Contract 76-F) and the work performed by Stolaruk Corporation, 19300 West Eight Mile Road, Southfield, Michigan, pursuant to authorization set forth in Council Resolution 746-76 adopted on September 15, 1976, the Council does hereby determine to appropriate an additional sum in the amount of $45,000.00 from the 9.8 Million Dollar General Obligation Road Improvement Bond Issue for the purpose of making payment to the aforesaid contractor for extra work completed by him in connection with the aforesaid project, and the City Clerk and City Treas- urer are hereby requested to do all things necessary or incidental to the to the full performance of this resolution. 17015 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Nash, Brown and McCann. NAYS. None. By Councilman Brown, seconded by Councilman Nash, it was #332-78 RESOLVED, that having considered a communication from the City Engineer, dated March 7, 1978, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a request for payment No. 11 from R. E. Dailey & Company, Construction Manager, for the Civic Center Municipal Building, dated March 1, 1978, and which is for the period ending February 28, 1978, a summary of which is as follows a) Construction Management fee $ 8,196.36 b) Reimbursables (December, 1977) 5,383.00 c) Reimbursables (January, 1978) 1,608.19 Total $15,187.55 the Council does hereby authorize payment of the aforesaid payment request as submitted by R. E. Dailey & Company in the amount and manner indicated; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. Imp A roll call vote wastaken on the foregoing resolution with the following result• AYES• Raymond, Bennett, Nash, Brown and McCann. NAYS: None. The communication dated March 14, 1978 from the City Engineer, with regard to the Middlebelt Road R-O-W adjacent to Emerson Jr. High School property, was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Nash, it was #333-78 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated February 13, 1978, and the report and recommendation of the Chief of Police, dated March 29, 1978, in connection therewith, the Council does hereby approve of the request from Mamoon Karim to transfer ownership of 1977 SDD-SDM Licensed Business, known as Livonia Wine Gallery, from Adel J. Dakho, located at 28292 Joy Road, Livonia, Michigan, 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. Raymond, Bennett, Nash, Brown and McCann. NAYS: None. 17016 By Councilman Raymond, seconded by Councilman Nash, it was #334-78 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 18, 1977, and the report and recommenda- dation of the Chief of Police, dated November 23, 1977, in connection therewith, the Council does hereby approve of the request from Holidays Inns, Inc. for a new Entertainment Permit to be held in conjunction with 1977 B-Hotel License with Dance Permit, located at 30375 Plymouth Road, Livonia, Michigan 48150, Wayne County, and the City Clerk is hereby request- ed 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: Raymond, Bennett, Nash and McCann. NAYS: Brown. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #335-78 RESOLVED, that having considered a letter from Dennis Shaw, 36472 Sunnydale, Livonia, Michigan 48154, wherein it is requested that sidewalks be installed on Levan Road from Plymouth Road to Five Mile Road, the Council does hereby determine to refer the same to the Engineering Division for its report and recommendation. By Councilman Bennett, seconded by Councilman Nash, and unanimously adopted, it was #336-78 RESOLVED, that having considered a letter from Rev. Kenneth G. Davis, Rector of the St. Andrew's Episcopal Church, 16360 Hubbard Road, Livonia, Michigan 48154, dated March 20, 1978, wherein permission is requested to erect a directional sign on right-of-way at Five Mile Road and Hubbard Road, the Council does hereby determine to approve and author- ize the installation of such a directional sign on a temporary basis at Five Mile and Hubbard Road, the nature and actual location of which sign shall be made subject to approval by the Traffic Bureau of the Fblice Department. By Councilman Bennett, seconded by Councilman Nash, and unanimously adopted, it was #337-78 RESOLVED, that having considered a letter from Mr. and Mrs. William J. Schaffer, 9062 Fremont, Livonia, Michigan 48150, dated March 21, 1978, wherein a request is made for the vacating of an alley east of Fremont which runs between Grandon and Dover in the Bonaparte Gardens Subdivision, 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. 17017 By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #338-78 RESOLVED, that having considered Petition 78-3-3-4, submitted by Plymouth Investment Company, a Michigan Limited Co-Partnership, 2900 West Maple Road, Troy, Michigan 48084, wherein a request is made for the vacat- ing of 60' wide dedicated road right-of-way for the extension of Wayne Road, platted within the Fairway Subdivision, from Eight Mile Road south to its termination point in Section 4, the Council does hereby determine to refer the same to the City Planning Commission for action and recommenda- tion, in accordance with provisions of Law and City Ordinance. By Councilman Bennett, seconded by Councilman Brown, it was #339-78 RESOLVED, that having considered a communication dated March 29, 1978 from the City Planning Commission which transmits its resolution 3-45-78 adopted on March 14, 1978, with regard to Petition 78-2-3-2 sub- mitted by the City Planning Commission on its own motion requesting the vacating of a water main easement and a sanitary sewer easement located on the south side of St. Martins Avenue, west of Eurlingbrook, in the Southeast 1/4 of Section 2, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition 78-2-3-2, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES• Raymond, Bennett, Nash, Brown and McCann. NAYS None. By Councilman Raymond, seconded by Councilman Bennett, it was #340-78 RESOLVED, that having considered a communication dated March 14, 1978 from the City Planning Commission which transmits its resolution 3-48-78 adopted on March 14, 1978, with regard to Petition 78-1-3-1, submitted pursuant to Council Resolution 1116-77, for the proposed vacat- ing of that portion of Graytona Avenue located between Farmington Road and Surrey Avenue in the Northeast 1/4 of Section 28, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to approve the withdrawal of Petition 78-1-3-1, the action herein being taken for the reasons indicated in the aforesaid communica- tion. A roll call vote was taken on the foregoing resolution with the following result• AYES Raymond, Bennett, Nash, Brown and McCann. Imp NAYS None. By Councilman Bennett, seconded by Councilman Raymond, it was 17018 RESOLVED, that having considered a communication dated March 29, 1978 from the City Planning Commission which transmits its resolution 3-43-78 adopted on March 14, 1978, with regard to Petition 78-2-2-4, sub- mitted by Ralph A. Reis requesting waiver use approval to establish a construction management business in an existing building on property zoned P.S. located on the northwest corner of Green Lane and Five Mile Road in the Southeast 1/4 of Section 13, the Council does hereby determine to reject the recommendation of the Planning Commission and Petition 78-2-2-4 is hereby denied, the Council having determined as a matter of fact that the petitioner has failed to affirmatively demonstrate that the proposed waiver use complies with the general standards and requirements set forth in Section 19.06 of the Zoning Ordinance. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond and Bennett. NAYS: Nash, Brown and McCann. The President declared the resolution DENIED. By Councilman Brown, seconded by Councilman Nash, and unanimously adopted, it was #341-78 RESOLVED, that having considered a communication dated March 29, Imp 1978 from the City Planning Commission which transmits its resolution 3-43-78 adopted on March 14, 1978, with regard to Petition 78-2-2-4, submitted by Ralph A. Reis requesting waiver use approval to establish a construction management business in an existing building on property zoned P.S. located on the northwest corner of Green Lane and Five Mile Road in the Southeast 1/4 of Section 13, the Council does hereby determine to refer the same to the Study Session to be conducted on May 8, 1978. By Councilman Nash, seconded by Councilman Brown, it was #342-78 RESOLVED, that having considered a communication dated March 15, 1978 from the Superintendent of Parks and Recreation, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby determine, for and on behalf of the City of Livonia, to accept a Federal Grant, known as Title III of the Older Americans Act of 1965, for Home Support Services in the amount of $8000.00 for the period October 1, 1977 through September 30, 1978, and also a carry over of $2940.46 from a grant for the period October 1, 1976 through September 30 1977; and the Mayor and Finance Director 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 Raymond, Bennett, Nash, Brown and McCann. NAYS None. By Councilman Raymond, seconded by Councilman Bennett, it was 17019 #343-78 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation, dated March 28, 1978, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby determine, for and on behalf of the City of Livonia, to accept a Title V Grant from the Michigan Office of Services to the Aging in the amount of $12,450.00 which would cover 75% of the total cost involved in the Barrier Free Renovation of the Senior Citizens Center; further, the Council does hereby request that the Building Authority appropriate the sum of $4150.00 from its Bond Construction Account for the purpose of pro- viding the City's portion of the funds required for this project, and the City Clerk and Director of Public Works 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: Raymond, Bennett, Nash, Brown and McCann. NAYS, None. By Councilman Raymond, seconded by Councilman Brown, it was #344-78 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 28, 1978, approved by the Finance Director and approved for submission by the Mayor, and to which is attached a copy of a communication dated March 23, 1978 from Ralls-Hamill Architects, Inc, , the Council does hereby determine to accept the bid of Dona-Grandi & Son, P. 0. Box 5068, West Bloomfield, Michigan 101. 48033, in the amount of $15,100.00, on the basis of including Alternate No. 1, for the Barrier Free Construction renovation of the Senior Citizens Center, the same having been in fact the lowest bid received for this work, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as required, further, 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: Raymond, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Nash, it was #345-78 RESOLVED, that having considered a communication from the City Engineer, dated March 22, 1978, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution 177-78, in connection with an earlier communication from the City Engineer, dated February 7, 1978, with regard to the proposed reconstruction of West Chicago between Middlebelt and Inkster Road, the Council does hereby determine to concur in and approve of the recoimnenda- tion of the City Engineer wherein the proposed road improvement would be constructed on the basis of a 36' wide pavement (including a continuous center left-turn lane). 17020 By Councilman Raymond, seconded by Councilman Bennett, it was RESOLVED, that the Council does hereby determine to refer the foregoing resolution to the Committee of the Wyole for further considera- tion. A roll call vote was taken on the motion to refer, with the following result . AYES: Raymond and Bennett NAYS: Nash, Brown and McCann. The President declared the resolution DENIED. A roll call vote was taken on the original resolution with the following result. AYES: Raymond, Nash, Brown and McCann. NAYS: *Bennett. The President declared the resolution adopted. *Councilman Bennett made the following statement. I am fully in accord with the widening of West Chicago and the elimination of the ditches. I have worked on this for eight long years, but I disagree with the Engineer's design. By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #346-78 RESOLVED, that having considered a communication from the City Engineer, dated March 22, 1978, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution 177-78, in connection with an earlier communication from the City Engineer, dated February 7, 1978, with regard to the proposed reconstruction of West Chicago between Middlebelt Road and Inkster Road, the Council does hereby determine to refer this item to the Committee of the Whole for further consideration. By Councilman Nash, seconded by Councilman Brown, it was #347-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 22, 1978, approved by the Director of Public Works and approved for submission by the Mayor, in connection wits the proposed construction of a church on the west side of Farmington Road immediately south of Ford Field in the S.E. 1/4 of Section 21, the Council does hereby determine to advise the Board of Wayne County Road Commis- sioners (Permit Division) of the City of Livonia's willingness to accept jurisdiction and maintenance of one 15" Storm Sewer Connection to the Farmington Road Relief Drain No. 1 within the Farmington Road right-of- way in connection with the development of Christ our Savior Lutheran Church at the aforesaid location, and the City Engineer is hereby request- ed and authorized to execute a Wayne County Permit for and on behalf of the City of Livonia in connection with the said storm sewer construction. 17021 A roll call vote was taken on the foregoing resolution with the following result. AYES. Raymond, Bennett, Nash, Brown and McCann. NAYS. None. By Councilman Raymond, seconded by Councilman Bennett, it was #348-78 RESOLVED, that having vonsidered a communication from the City Engineer, dated March 14, 1978, approved by the Director of Public Works and approved for submission by the Mayor, concerning construction of side- walks on Hix Road from Ann Arbor Road to Joy Road and on Schoolcraft from Farmington Road to Yale, as shown on an attached map, and the locations of which are as follows. Hix Road, Joy to Ann Arbor Road Parcel No. Sidewalk Footage Required (1.f. ) 31d13 50 31d11,12 100 31d9, 10 100 3J d,6,?,8 150 31d5 100 31d1,2,3 150 31c156-161 120 31c162-167 120 31c174-179 120 31c180-185 120 31c186,187,188 6o 31e189,190,191 6o 31c192-196 loo 31c197-202 120 31c203-206 8o 31c207-210 8o 31c211-214 80 31c215-226 240 31c227-231 10 17022 Parcel No. Sidewalk Footage Required (L.f. ) 31Wa 72 31EEla 38.61 31GGlalb 346.02 Schoolcraft, Farmington to W. of Fllen Drive 21b43a1 to 21b52a 240 21FF1 (Parcel #2) 333.55 21d30 100 21d29b 85.15 21d12a ?r00 2ldlla 100 21d10a 100 21d9b 80.10 21e31,32a 152.64 21e32b,33a 125 21033b,34 125 21e35,36a 150 21e36b,37a 100 21e37b,38 150 21e39 127.79 21e40,41a 150 21e41b,42 193** 21n5a1,5b1 63 21nOLA 518.65* 210LB 270* 21n3bla 165 31n4a,4b1 162 * includes Ellen Drive frontage **includes vacated Gill Road right-of-way 17023 and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to above to construct and install sidewalks at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to the Livonia Code of Ordinances, as amended, Title 5, Chapter 1, Section 5-137, and FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalks on or before June 1, 1978, after which date the Engineering Division shall arrange for the construction of said sidewalks as part of the City's 1978 Miscellaneous Sidewalk and Drive Approach Program; FURTHER, the Livonia Public Schools School District is hereby requested to arrange for the installation of sidewalks along Hix Road adjacent to Bureau of Taxation Parcel 31U (Washington Elementary School) and to dedicate the Hix Road Right-of-way adjacent to the said property; and the Department of Law and the Engineering Division are hereby authorized to proceed with acquiring Hix Road Right-of-way from Bureau of Taxation Parcels Nos. 31V1, 31X1, 31Y1; 31Z1a, 31Z21AA1, 3lAA2b1, 31BB1; 31CC1,CC2, and 31DD, which Right-of-way is required to install sidewalks along the west side of Hix Road, and the Council does hereby authorize the installation of 58' of sidewalk along City-owned property at Cutlot "C" of the Stark Gardens Subdivision, and 200' of Miscellaneous crosswalks and walks across public Riieys, as the City's portion of this program. A roll call vote was taken on the foregoing resolution with the following result. AYES Raymond, Bennett, Nash, Brown and McCann. NAYS None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #349-78 RESOLVED, that the Council having adopted Resolution 919-77 at its regular meeting held on October 12, 1977, requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed street improvement of Deering Avenue between Pembroke and Vassar in the S.E. 1/4 of Section 1, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and speci- fications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of install- ments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifica- tions and recommendations have been properly filed by the City Engineer with the City Clerk under date of March 29, 1978, and that there has been a full compliance with all of th e provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, May 15, 1978, at 8 00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hear- ing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. 170x;4 By Councilman Raymond, seconded by Councilman Bennett, it was #350-78 RESOLVED, that h aving considered a communication from the Depart- ment of Law, dated March 27, 1978, approved by the Finance Director and approved for sdhmission by the Mayor, with respect to an agreement for an exchange of properties between the City of Livonia and Carl R. Williams, and Virginia E. Williams, his wife, the Council does hereby authorize the subject land exchange in accordance with the terms and condic.tions set forth in the agreement attached to the aforesaid communication, as follows. 1) Carl R. Williams and Virginia E. Williams, his wife, shall execute a warranty deed conveying to the City the following described property; Lots 322 and 323, Argonne Subdivision, of part of the N. E. 1/4 of Section 1, T 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. The street address of this property is 19941 Deering, Livonia, Michigan. 2) The Mayor and City Clerk shall execute, for and on behalf of the City of Livonia, a warranty deed conveying to Carl R Williams and Virginia E. Williams, his wife, the following described Property The East 132' of the West 679.50' of the South 253.70' of the North 313.70' of the N.y.1. 1/4 of Section 2, T. 1 S , R. 9 E., City of Lifonia, Wayne County, Michigan. The street address of this property is 31145 West Eight Mile Road, Livonia, Michigan. 3) Carl R Williams and Virginia E. Williams, his wife, shall pay in cash to the City of Livonia the sum of $13,000.00. 4) The Council does hereby determine to appropriate a sum not to exceed $300 00 from the Unexpended Fund Balance Account for the purpose of providing a commitment for the issuance of a title insurance policy to Mr. and Mrs. Williams with respect to the property located at 31145 West Eight Mile Road, Livonia, Michigan, which commitment shall be in the amount of $54,000.00 5) The Council does hereby determine to appropriate a sum not to exceed $430.00 from the Unexpended Fund Balance Account for the purpose of prorating and adjusting current taxes on the property located at 19941 Deering, Livonia, Michigan, as of the date of closing on a due date basis. 6) The Council does hereby authorize Mr. and Mrs. Williams to occupy the property located at 19941 Deering for a period of six months after the consummation of the said land exchange for the purpose of relocating the business presently operated there to the property located at 31145 West Eight Mile Road. 17025 7) The Council does hereby request that the City Clerk and City Treasurer 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: *Raymond, Nash, Bennett and McCann. NAYS: Brown. The President declared the resolution adopted. *Councilman Raymond made the following statement- I think this is money well spent and will help clean up a situation which has been long a conforming use. Councilman Nash gave first reading to the following Ordinance. AN ORDINANCE AMENDING CHAPTER 1 (BUILDING CODES) OF TITLE 7 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY REPEALING SECTION 7-107 (15) 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 Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING THE LIVONIA CODE OF ORDINANCES, AS AMENDED, ADDING CHAPTER 8 (PERMIT AND INSPECTION FEES ORDINANCE) TO TITLE 7 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 Nash gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 7-129 OF TITLE 7, CHAPTER 1 (BUILDING CODES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 17026 The above Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Nash gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 7-105(3) AND SECTION 7-109 OF CHAPTER 1 (BUILDING CODES) OF TITLE 7 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The above Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Brown, seconded by Councilman Nash, and unanimously adopted, it was #351-78 RESOLVED, that the Council having adopted. Resolution 245-78 at its regular meeting held on March 15, 1978 requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed street improvement of Hathaway Avenue, between Farmington and Stark Roads, in the S.E. 1/4 of Section 33, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcsO.s which are vacant, and having prepared and caused to be prepared plans and speci- fications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what pro- portion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recom- mendations have been properly filed by the City Engineer with the City Clerk under date of April 5, 1978, and that there has been a full compliance with all of the provisions of Section 2-5C6 of the Livonia Code of Ordi- nances, as amended, the Council does hereby set Monday, May 15, 1978, at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and, publication of such hearing as is required by Section 2-507 of said Code. By Councilman Raymond, seconded by Councilman Brown, it was 17027 #352-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 29, 1978, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Item No. (8) of Council Resolution 526-77 adopt- ed on May 25, 1977 so as to reduce the Financial Assurances now on deposit with the City for General Improvements in the Tanglewood Subdivision located in the S.E. 1/4 of Section 20 to $14,500.00 of which at least $10,000.00 shall be in cash to cover the cost of remaining improvements in said subdivision, and the financial assurances now on deposit with the City shall be reduced accordingly, further, all other financial assurances now on deposit with the City, including those for Sidewalk improvements, shall remain the same and unchanged, and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES• Raymond, Bennett, Nash, Brown and McCann. NAYS• None. By Councilman Nash, seconded by Councilman Raymond, it was #353-78 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 31, 1978, which bears the signature of the Finance Director, is approved for submission by the Mayor and which transmits its resolution WS 2257 3/78 adopted on March 21, 1978, with re- gard to the Wayne County Sewage Disposal Rate, the Council does hereby determine to approve a new Wayne County Sewage Disposal Rate of $2.521000 CF effective on bills issued on or after June 30, 1978, and a flat rate charge of $62.381000 CF for Unmetered Customers per residence on bills issued on and after June 30, 1978, such action being taken as a result of the new rate schedule established by the Wayne County Board of Public Works as indicated in the attached communication dated March 7, 1978 from the said agency. A roll call vote was taken on the foregoing resolution with the following result: AYES Raymond, *Bennett, Nash, Brown and McCann. NAYS. None. *Councilman Bennett abstained from voting under the provisions of Section 2-119 of the Livonia Code of Ordinances, and is recorded as a "yes" vote. By Councilman Brown, seconded by Councilman Nash, it was #354-78 RESOLVED, that having considered a communication dated March 29, 1978 from the City Planning Commission which transmits its resolution 3-42-78 adopted on March 14, 1978 with regard to Petition 78-2-2-3 submitted by Arnold's, Inc. requesting waiver use approval to establish an SDD Liquor Licensed operation in an existing commercial business 17028 located south of Eight Mile Road, east of Angling Road in the Northeast 1/4 of Section 1, the Council does hereby determine to reject the recommenda- tion of the Planning Commission and Petition 78-2-2-3 is hereby denied, the Council having determined as a matter of fact that the petitioner has failed to affirmatively demonstrate that the proposed waiver use complies with the general standards and requirements set forth in Section 19.06 of the Zoning Ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Nash, Brown and. McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, it was #355-78 RESOLVED, that having considered a communication dated March 29, 1978 from the City Planning Commission which transmits its resolution 3-49-78 with regard to Petition 77-7-3-8 submitted by the City Planning Commission requesting the vacating of a portion of Parkdale Avenue located south of Plymouth Road between Levan Road and Edward Hines Drive in the Northwest 1/4 of Section 32, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition, subject to retention of a full-width easement to protect existing utilities, and the Department of Law is hereby requested to prepare the necessary vacating ordineinCein accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result . AYES. Raymond, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #356-78 RESOLVED, that having considered a communication from the Department of Law, dated March 28, 1978, approved for submission by the Mayor and submitted pursuant to Council Resolution 215-78, in connection with a resolution proposed by the Livonia Anniversary Committee regarding its participation in "Spree" celebrations, as set forth in a communica- tion from the Mayor, dated February 15, 1978, the Council does hereby determine to take no further action with respect to this item. By Councilman Brown, seconded by Councilman Nash, it was #357-78 RESOLVED, that having considered a communication from the Person- nel Director, dated March 17, 1978, approved by the Finance Director and approved for submission by the Mayor, and which sets forth a resolution adopted by the Civil Service Commission on March 2, 1978 wherein it is recommended that certain rates of pay be established for various Sports Officials, as follows : 17029 SPORT RATES Baseball F-G Minor (9-12 yr. olds) $ 6.00 per game F-Majors (12yyr. olds) 9.00 per game Class "E" (13-15 yr. olds) 10.00 per game Berry Baseball (16-18 yr. olds) 12.00 per game Adray Baseball (18-20 yr. olds) 15.00 per game Softball Adult Leagues (Men) 9.00 per game Adult Leagues (Women) 9.00 per game Girls' League (18 & under) 6.00 per game Girls' League (15 & under) 6.00 per game Boy's League (16 & under) 6.00 per game Basketball Adult Leagues (Classes A & B) 9.00 per game Jr. Leagues (18 & under) 6.00 per game Jr. Leagues (15 & under) 6.00 per game Jr. Leagues (13 & under) 6.00 per game Volleyball Adult Leagues 9.00 per game the Council does hereby determine to concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Nash, it was #358-78 RESOLVED, that having considered a communication from the Person- nel Director, dated March 20, 1978, approved by the Finance Director and approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on January 19, 1978 wherein it is recommended that two positions of Personnel Analyst I in the Office of the Civil Service Commission be reclassified to Personnel Analyst II, at the following salary range. Step 1 Step 1-1/2 Step 2 Step 3 Step 4 Step 5 Annual $18,387.20 18,761.60 19,136.00 19,905.60 20,716.80 21,507.20 plus Cost of Living of $520.00 17030 the Council does hereby determine to reject the aforeaaid recommendation and to deny approval with respect to this item, provided, however, the Council does hereby determine to appropriate the sum of $1900.00 from the Unexpended Fund Balance Account to be transferred to the Personal Services Account of the Civil Service Commission for the purpose of permitting the promotion of the two persons affected by this item through utilization of promotional procedures. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Bennett, Nash and McCann. NAYS: Brown. The President declared the resolution adopted By Councilman Bennett, seconded by Councilman Brown, it was #359-78 RESOLVED, that having considered a communication from the Person- nel Director, dated March 17, 1978, approved by the Finance Director and approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on March 2, 1978 wherein it is recommended that the classification of CETA Program Administrator be established at the following salary range. Step 1 Step 1-1/2 Step 2 Step 3 Step 4 Stpp 5 Annually $21,028.80 21,444.80 21,860.80 22,755.20 23,649.60 24,585.60 Biweekly 808.80 824.80 840.80 875.20 909.60 945.60 Plus Cost of Living of $520.00 the Council does hereby determine to refer this item 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. Raymond, Bennett, Brown and McCann. NAYS: Nash. The President declared, the resolution adopted. By Councilman Raymond, seconded by Councilman Nash, it was #360-78 RESOLVED, that having considered a communication from the Personnel Director, dated March 28, 1978, approved by the Finance Director and approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on March 16, 1978 wherein it is recommended that a classification of bus driver be established at the following rate of Pay. 17031 Step 1 Step 1-1/2 Step 2 Step 3 Step 4 Step 5 Annually $8486.40 8652.80 8840.00 9193.60 9547.20 9942.40 Biweekly 326.40 332.80 340.00 353.60 367.20 382.40 Hourly 4.08 4.16 4.25 4.42 4.59 4.78 and that the foregoing rates represent full compensation for all services rendered with no other compensation or benefits to be paid to employees in this classification, except that employees shall be eligible for holiday pay after having been continuously employed for at least 480 scheduled hours, the Council does hereby determine to concur of such action. A roll call vote was taken on the foregoing resolution with the following result AYES• Raymond, Bennett, Nash, Brown and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Brown, it was #361-78 RESOLVED, that having considered a communication from the CETA Program Administrator, dated March 14, 1978, approved by the Finance Director and approved for submission by the Mayor, to which is attached a CETA Vocational Education Contract between the City of Livonia and Chrysler Training Corporation, a Delaware Corporation, Contract Number 89 for auto body repair training, the Council does hereby authorize the said contract in the manner and form submitted, and the Mayor and City Clerk are hereby requested to execute the same for and on behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES. Raymond, Bennett, Nash, Brown and McCann. NAYS None. By Councilman Nash, seconded by Councilman Brown, it was 0362-78 RESOLVED, that having considered a communication from the CETA Program Administrator, received in the Office of the CityClerk on April 5, 1978, approved by the Finance Director and approved for submission by the Mayor, to which is attached a CETA Vocational Education Contract between the City of Livonia and Michigan Medical Training Center, a Michigan Corporation, Contract Number 92, for medical transcriptionist training, the Council does hereby authorize the said contract in the manner and form submitted, and the Mayor and City Clerk are hereby requested to execute the same for and on behalf of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result. AYES Raymond, Bennett, Nash, Brown and McCann. NAYS: None. 17032 By Councilman Nash, seconded by Councilman Brown, it was #363-78 RESOLVED, that having considered a communication from the CETA Program Administrator, dated April 5, 1978, approved by the Finance Director and approved for submission by the Mayor, to which is attached Modification No. 1 to Contract No. 90 between the City of Livonia and the Chrysler Training Corporation, a Delaware Corporation, for automatic transmission training, the Council does hereby authorize the said contract modification in the manner and form submitted, and the Mayor and City Clerk are hereby requested to execute the same for and on behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES Raymond, Bennett, Nash, Brown and McCann. NAYS None. By Councilman Bennett, seconded by Councilman Brown, it was #364-78 RESOLVED, that having considered a communication from the CETA Program Administrator, dated April 4, 1978, approved by the Finance Director and approved for submission by the Mayor, to which are attached the following subcontracts. At the Livonia Chamber of Commerce No. 34 "Business Community Information" No. 41 "Development of Economic Handbook" No. 42 "Community Relations" At Madonna College No. 35 "Human Services" No. 43 "Beautification and Environment" No. 44 "College Library Service Expansion" No. 45 "Health Services" At Detroit Area Council, Boy Scouts of America No. 37 "Program Executive" the Council does hereby authorize the said Subcontracts in the manner and form submitted, and the Mayor and City Clerk are hereby requested to execute the same for and on behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES• Raymond, Bennett, Nash, Brown and McCann. NAYS. None. By Councilman Brown, seconded by Councilman Nash, it was 17033 #365-78 RESOLVED, that having considered a communication from the CETA Program Administrator, dated April 4, 1978, approved by the Finance Director and approved for submission by the Mayor, to which is attached a CETA Subgrant Contract Extension between the City of Livonia and, the Detroit Area Council of Boy Scouts of America (Contract No. 31), the Council does hereby authorize the said. Subgrant Contract Extension in the manner and, form submitted, and the Mayor and City Clerk are hereby request- ed to execute the same for and on behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Nash, Brown and. McCann. NAYS: None. By Councilman Brown, seconded by Councilman Raymond, it was #366-78 RESOLVED, that having considered a communication from the Livonia Arts Commission, dated April 3, 1978, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to a performance to be conducted by the Detroit Concert Band under the direction of Dr. Leonard Smith as part of the 1978 Music Under the Stars Program, the Council does hereby determine to appropriate the sum of $2950.00 from the Unexpended Fund Balance Account for this purpose, FURTHER Lthe Council takes this means to indicate that this is a one time grant only, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Raymond, Bennett, Nash, Brown and McCann. NAYS None. By Councilman Bennett, seconded by Councilman Nash, it was #367-78 RESOLVED that, Ager Building Company, 27620 Farmington Road, Farmington Hills, Michigan 48024, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following sub- division. Laurel Park South Subdivision, located in the Northeast 1/4 of Section 18, City of Livonia, the said proposed preliminary plat being dated October 24, 1977, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on November 1, 1977; and it further appear- ing 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 April 7, 1978, therefore, the City Council does hereby approve of the said preliminary plat, based upon a revision dated April i4, 1978, on the following conditions: 17034 (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 Ordi- nances, as amended, the Subdivision Regulations of the Planning Commis- sion, the regulations and, specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such department, 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 sub- ject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be con- sidered 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. A. Trees $12,300.00 B. Traffic Control Signs 1,000.00 C. Street Name Signs 800.00 D. Street Light Notification Signs 100.00 E. Engineering Services (General Improvement & Sidewalks) 1. Plan Review & Administration (1-1/2%) $10,287.75 2. Field Inspection (3-1/2%) 24,004.75 34,292.50 F. Engineering Services (Grading and. Soil Erosion Control) 1. Plan Review 134.00 2. Permit and. Inspection 670.00 804.00 TOTAL CASH PAYMENTS $49,196.50 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Plan- ning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City 17035 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 require- ments 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 dther financial assurance in such form as shall be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts, such deposits to be deposited in the office of the City Clerk: General Improvement Bond - $694,000.00, of which at least 10,000.00 shall be in cash Sidewalk Bond - 61,000.00, of which at least 6,100.00 shall be in cash Grading and Soil Erosion Control Bond - 11,400.00, of which at least 2,500.00 shall be in cash. Monuments and Lot Markers - 4,015.00 (All cash) Development of Greenbelt Areas & Entrance Markers - 49,000.00, of which 5,000.00 shall be in cash Ditch Maintenance Bond - 3,000.00 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 ordi- nances, FURTHER, the Council authorizes the construction of 31' wide deep strength asphalt pavement with concrete curbs and gutters in lieu of concrete pavement as required under the Plat Ordinance. A roll call vote was taken on the foregoing resolution with the following result. AYES. Raymond, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #368-78 RESOLVED, that having considered the report and recommendation of the Department of Law, dated April 10, 1978, approved by the Finance Director, the City Engineer and the City Planner, and approved for sub- 17036 mission by the Mayor, the Council does hereby authorize the execution of the attached Stipulation for Consent Judgment and the entry of Consent Judgment in Wayne County Circuit Court Civil Action No. 77-723714-AW, entitled Detroit Federal Savings and Loan Association, a corporation or- ganized under the Home Owner's Loan Act, plaintiff, vs. City of Livonia, a Michigan Municipal Corporation, defendant, further, the Council does hereby authorize an exchange of property between the City of Livonia and Detroit Federal Savings and Loan Association, in accordance with the terms and conditions set forth in the Stipulation for Consent Judgment and the Consent Judgment attached to the aforesaid communication, as follows : 1) Each party shall deliver to the other certificates of survey locating sanitary sewer, storm sewers, water, electric and gas service available for each parcel of property to be conveyed. 2) Detroit Federal shall execute a Deed "C" conveying to the City the following described property. Part of the northwest 1/4 of Section 36, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, being more particularly de- scribed as. Beginning at a point at the West quarter corner of Section 36, awn 1 South, Range 9 East, and proceeding thence along the west line of said Section 36, north 0 degrees 30 minutes and 50 seconds west 641.92 feet, thence south 89 degrees 59 minutes 50 seconds east 332.00 feet, thence south 0 degrees 30 minutes 50 seconds east 642.70 feet, thence along the east and west quarter section line of said Section 36, south 89 degrees 51 minutes 40 seconds west 332.00 feet to the place of beginning; containing 4.8953 acres. 3) The Mayor and City Clerk shall execute for and on behalf of the City of Livonia a Deed "C" conveying to Detroit Federal the following described property The north 200.0 0reet of the following described property That part of the N. W. 1/4 of Section 36, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the W. line of said section, distant N. 0° 30' 50" W., 641.92 feet from the W. 1/4 Corner of Section 36 and proceeding thence N. 0° 30' 50" W. , along said line, 643.54 feet, thence S. 89° 59' 50" E., 313.50 feet, thence S. 0° 30' 50" E. 643.54 feet, thence N. 89° 59' 50" W. , 313.50 feet to the point of beginning, except the west 60 feet thereof, con- taining 1.16 acres. 17037 4) The Council does hereby authorize the payment of the sum of $100,000.00 in cash to Detroit Federal and for this purpose appropriates $68,200.00 from the 4.4 million dollar Parks & Recreation General Obligation Bond Issue and $31,800.00 from Motor Vehicle Highway Funds (Major Road Account). 5) The Council does hereby determine to appropriate a sum not to exceed $780.00 from the 4.4 million dollar Parks & Recreation General Obligation Bond Issue for the purpose of providing a commitment for the issuance of a title insurance policy to Detroit Federal with respect to the property described in paragraph 3, which commitment shall be in the amount of $150,000.00. 6) The Council does hereby determine to appropriate a sum not to exceed $1650.00 from the 4.4 million dollar Parks & Recreation General Obligation Bond Issue for the purpose of prorating and adjusting the current taxes on the property described in paragraph 2 as of the date of closing on a due date basis. 7) The Engineering Division is hereby requested to deliver to Detroit Federal certificates of survey locating sanitary sewers, storm sewers, water, electric and gas service available with respect to the property described in paragraph 3 above. 8) The Council does hereby request that the City Clerk and City Treasurer 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: Raymond, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #369-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 5, 1977 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on April 3, 1978, after due ' notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code (1) approve and accept said statement in all respects, (2) determine to make the improvement consisting of placement �+ of 4-inches of asphalt on the existing roadway(Alternate IV) in Livonia Hills Estates Subdivision in the North 1/2 of 17038 Section 6, T. 1 S., R. 9 E , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the Imo cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 3) approve the plans and specifications for said improvement as set forth in said statement dated December 5, 1977, 4) determine that the estimated cost of such improvement is $63,617.31, 5) determine that the cost of said improvement shall be paid for in part by speeial assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, 6) that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be 15% ($9542.60) and that the balance of said cost and expense of said public improvement amounting to $54,074.71 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in pro- portion to the benefits to be derived therefrom, 7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with inter- est thereon on the unpaid balance, 8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows. A special assessment district in the North 1/2 of Section 6, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as containing the following property: Lots 2a, 3a, 8, 9, 10, 11, 12, 13, 14, 15; 16; 17a, 18a,19a, 20, 21, 22; 23, 24, 25, 26, 27, 28, 29, 30a, 30b,31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45 of Livonia Hills Estates Subdivision and Bureau of Taxation Parc-ls 060LA, 06C1, 06Dla and 06D2al. 9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and 17039 10) that upon completion of said roll the City Assessor shall L attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of said Code. By Councilman Nash, seconded by Councilman Brown, it was #370.78 RESOLVED, that having considered a communication dated December 5, 1977 from the City Planning Commission which sets forth its resolution 11-253-77 with regard to Petition 77-10-1-39 submitted by Greenfield. Construction Company for a change of zoning on property located north of Six Mile Road between Newburgh Road and the 1-96/275 Freeway in the South- east 1/4 of Section 7, from R-8-II, R-5-C and. R-9-III to R-9-IIT, -R-8II, .B10. and R-7, and the Council having conducted a public hearing with regard to this matter on April 3, 1978, pursuant to Council Resolution 20-78, the Council does hereby concur in the recommendation of the Plan- ning Commission and the said Petition 77-10-1-39 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. LA roll caJ ) vote was taken on the foregoing resolution with the following result: AYES. Raymond, Bennett, Nash, Brown and McCann. NAYS None. By Councilman Nash, seconded by Councilman Bennett, it was #371-78 RESOLVED, that having considered a communication dated. December 5, 1977 from the City Planning Commission which sets forth its resolution 11-252r77 with regard to Petition 77-10-1-37 submitted by the City Planning Commission, pursuant to Council Resolution 878-77, for a change of zoning on property located on the east side of Middlebelt Road, south of Seven Mile Road in the Northwest 1/4 of Section 12, from P. L. to P., and the Council having conducted a public hearing with regard to this matter on April 3, 1978, pursuant to Council Resolution 20-78, the Council does hereby concur in the recommendation of the Planning Commis- sion and the said Petition 77-10-1-37 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolu- tion. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Nash, Brown and McCann. NAYS. None. 17040 By Councilman Brown, seconded by Councilman Nash, it was #372-78 RESOLVED, that having considered a communication dated December 6, 1977 from the City Planning Commission which sets forth its resolution 11-259-77 with regard to Petition 77-10-6-9 submitted by the City Plan- ning Commission on its own motion to amend Section 18.51(f) of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, to incorporate the fees as set forth in Section 6-173(m) of the Livonia Code of Ordinances with respect to towing and storage of motor vehicles, and the Council having conducted a public hearing with regard to this matter on April 3, 1978, pursuant to Council Resolution 20-78, the Council does hereby con- cur in the recommendation of the Planning Commission and the said Peti- tion 77-10-6-9 is hereby approved and granted, and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Bennett, Nash, Brown and. McCann. NAYS: None. By Councilman Brown, seconded by Councilman Nash, and unanimously adopted, it was #373-78 RESOLVED, that the Council does hereby request that the Police Department submit a status report relative to the method of selecting Towing Companies, facilities utilized for the storage of motor vehicles and the method of regulating fees in connection with these activities. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #374-78 RESOLVED, that having considered a communication dated January 24, 1978 from the City Planning Commission which sets forth its resolution 1-7-78 with regard to Petition 77-10-1-40 submitted by Stanley and Gladys Hayes for a change of zoning on property located south of Five Mile Road between Beatrice and Middlebelt Road in the North 1/2 of Section 23, from RUFA to C-2, and the Council having con- ducted a public hearing with regard to this matter on April 3, 1978, pursuant to Council Resolution 150-78, the Council does hereby deter- mine to refer this matter to the Committee of the Whole for further con- sideration at a meeting to be conducted on April 24, 1978, at 7:00 P. M. By (buncilman Brown, seconded by Councilman Nash, it was #375-78 RESOLVED, that having considered a communication dated December 5, 1977 from the City Planning Commission which sets forth its resolution 11-251-77 with regard to Petition 77-10-1-36 submitted by the City Planning Commission on its own motion for a change of zoning on property located on the west side of Surrey Avenue, south of Schoolcraft Road in the Northeast 1/4 of Section 28, from M-1 to P.L., and the 17041 Council having conducted a public hearing with regard to this matter on April 3, 1978, pursuant to Council Resolution 20-78, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 77-10-1-36 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to fur- nish the same to the Department of Law and, upon receiptz.of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #376-78 RESOLVED, that having considered a communication from the Director of Finance, dated March 20, 1978, approved for submission by the Mayor, with attachments, including a copy of a letter dated March 2, 1978 from R. L. Jones & Associates, Inc., the City's insurance agent of record, and having also considered a communication from the Director of Finance, dated April 11, 1978, which contains corrected figures as received from R. L. Jones & Associates, Inc. for insurance premiums for the fiscal year ending November 30, 1978 which are as follows : Fblicy Premium Amount Comprehensive $178,996 General Liability - $500,000 Umbrella - $1,000,000 52,000 3,500,000 45,362 Total Liability - $5,000,000 $276,358 Commercial Fleet $133,000 Property & Related Coverage 36,708 Fidelity Bond 4,730 Police Professional 10,872 Public Officials Liability 6,235 Total Costs 1467,903 The Council does hereby determine to appropriate from the Unexpended Fund Balances of the following fund.'And amounts indicated for the purpose of properly funding the Ioregoing costs. Additional Budgeted Cost Appropriation General Fund $183,150 $394,003 $210,853 Refuse Fund 1,650 9,1+87 7,837 Water Fund 5,000 1+2,558 37,558 Sewer Fund 1,700 21,855 20,155 Total S191,500 5467,903 5276,403 and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolu- tion. 17042 A roll call vote was taken on the foregoing resolution with the following result• AYES• Raymond, Bennett, Nash, Brown and McCann. NAYS None. By Councilman Bennett, seconded by Councilman Nash, it was #377-78 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated March 29, 1978, and submitted pursuant to Council Resolution 220-76 in connection with a communication from the Detroit Metropolitan League of Women Voters, and Council Resolu- tion 819-77 in connection with a communication from the Mayor, dated August 16, 1977, and having also considered a communication from the City Engineer, dated March 14, 1978, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the formation of a Watershed Council for the Rouge Basin Area, the Council does hereby take this means to express its intention that effective July 1, 1978 the City of Livonia shall become a member of the Watershed Council (Committee) for the Rouge Basin, and the Council does hereby appropriate the sum of $500.00 from the Unexpended Fund Balance Account for the purpose of making the required annual contribution in this regard, and it is further determined that the Council shall at a future time designate the City's Official Representative, and the Mayor is hereby authorized to designate the City's Official Alternate Representa- tive to represent Livonia on the said Council (Committee). A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #378-78 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated March 29, 1978, and submitted pursuant to Council Resolution 877-75, in connection with a communica- tion from the Mayor, dated October 13, 1975, to which is attached a communication from the Public Utility Manager, dated September 29, 1975, wherein it is recommended that certain action be taken due to flooding and sewage backup in basements which occurred on August 30, 1975 and September 1, 1975 in certain areas of the City, and particularly in the Castle Gardens and Spring Valley Subdivisions, the Council does hereby refer this matter to the City Engineer and the Public Utility Manager for an updating of the report previously submitted and the inclusion therein of specific recommendations for required ordinance amendments. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was 17043 #379-78 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated March 29, 1978, and submitted pursuant to Council Resolution 639-77, in connection with a communication dated April 14, 1977 from the City Planning Commission which sets forth its resolution 4-70-77 with regard to Petition 77-3-6-4 submitted by the City Planning Commission to amend Ordinance No. 543, the Zoning Ordinance of the City of Livonia, Section 2.06, Definitions Pertaining to Lots and Areas, by revising the definition of "Lot, " and the Council having con- ductQd a public hearing with regard to this matter on June 13, 1977, the Council does hereby determine to refer this matter back to the City Planning Commission and the Planning Department for a reevaluation of their recommoded, proposal, particularly in the context of the appropriat- eness of amending Section 2.06 and/or adding a new section to Article XVIII, and giving consideration also to the alternative language which has been prepared with respect to Section 2.06 by the Legislative Committee. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #380-78 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated March 29, 1978, and submitted pursuant to Council Resolution 998-76, in connection with a communication from the Mayor, dated October 29, 1976, to which is attached a communication from the City Attorney, dated October 7, 1976, and a proposed amendment to Section 9-304 of the Livonia Code of Ordinances, as amended (Lot Partition Ordinance), the Council does hereby determine to refer this matter to the Department of Law in order to redraft the proposed amend- ment of Section 9-304 so as to maintain the present two lot limitation for partitions to be made by the City Assessor, but to include therein the balance of the suggested changes as set forth in the attachment to the Mayor's letter of October 29, 1976. Councilman Raymond gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 2-509, SECTION 2-519, SECTION 2-525, AND SECTION 2-527 OF TITLE 2, CHAPTER 5 (SPECIAL AS- SESSMENT PROCEDURE 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. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was 17044 #381-78 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 wall as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, June 5, 1978, at 8 00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items CO Petition No. 78-1-1-3, submitted by Bob Jenkins for change of zoning of property located west of Harrison Avenue, south of Six Mile Road in the Northwest 1/4 of Section 13, from RUF to R-2B, the City Planning Com- mission having in its resolution 3-38-78 recommended to the City Council that Petition No. 78-1-1-3 be denied, (2) Petition No. 78-2-1-10, submitted by the Terrence Company for a change of zoning of property located at the northeast corner of Terrence and Middlebelt Road in the Northwest 1/4 of Section 13, from C-1 to C-2, the City Planning Com- mission having in its resolution 3-41-78 recommended to the City Council that Petition No. 78-2-1-10 be approved, (3) Petition No. 78-1-6-1, submitted by the City Planning Commission, pursuant to Council Resolution 176-77, to amend Sections 9.02, 9.03, 10.02, 10.03, 11.02 and 11.03 of Ordinance No. 543, the Zoning Ordinance, to provide standardization and uniformity with respect to site plan approval requirements in P.S., C-1 and C-2 Zoning Dis- tricts, the City Planning Commission having in its resolu- tion 3-46-78 recommended to the City Council that Petition No. 78-1-6-1 be approved, (4) Petition No. 78-1-6-2, submitted by the City Planning Com- mission, pursuant to Council Resolution 176-77, to amend Section 18.58, Site Plan Approval, of Ordinance No. 543, the Zoning Ordinance, to provide standardization and uni- formity to site plan approval requirements in P.S., C-1 and C-2 Districts, the City Planning Commission having in its resolution 3-47-78 recommended to the City Council that Petition No. 78-1-6-2 be approved, (5) Petition No. 78-1-1-6, submitted by the City Planning Com- mission for a change of zoning of property located on the west side of Levan Road between Grove and Sunnydale in the Northwest 1/4 of Section 17, from R-2-B to P.L., the City Planning Commission having in its resolution 3-39-78 recommended to the City Council that Petition No. 78- 1-1-6 be approved, and (6) Petition No. 78-1-1-7, submitted by the City Planning Com- mission for a change of zoning of property located on the North Side of Lyndon Avenue between Ellen Drive and Yale lies Avenue in the Northwest 1/4 of Section 21, from R-2 to P.L., the City Planning Commission having in its resolution 3-40-78 recommended to the City Council that Petition No. 78-1-1-7 be approved, 170+5 FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a news- paper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company cwning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #382-78 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #383-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 6, 1978, as revised in a statement dated April 18, 1978, on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on April 17, 1978, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code. (1) accept and approve said statement, as revised in all respects, (2) determine to make the improvement consisting of 32' wide full depth asphalt, with concrete curbs and gutters (Alternate II) on Jamison Avenue from Middlebelt to Garden in the Northwest 1/4 of Section 25, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated February 6, 1978, as revised in a statement dated April 18, 1978, 17o46 (4) determine that the estimated cost of such improvement is $62,086.46, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, (6) that the proportion of the cost and expense of skid improve- ment to be borne and paid by the City shall be 50% ($31,043.23) and that the balance of said cost and expense of said public improvement amounting to $31,043.23 shari be borne and paid by special assessments on all lands and premises in the special assessment district as herein es- tablished in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied, as follows. A special assessment district in the Northwest 1/4 of Section 25, T. 1 S, , R. 9 E., City of Livonia, Wayne County, Michigan, described as containing the following described property Lots 1 through 7, both inclusive, of Five-Elm Park Sub- division, as recorded in Liber 55, Page 64 of Wayne County Records and Bureau of Taxation Parcels Wlal,Wlbl and Vlal,W2a,X1. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and (10) that upon completion of said roll the City Assessor shall attach thereto the certificate requiredby the provisions of Section 2-510 of the Livonia Code of Ordinances, as amenddd, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to L. the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code. 17047 By Councilman Brown, seconded by Councilman Nash, it was ea* #384-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 14, 1978, 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 copy of a letter dated February 10, 1978 from R. E. Dailey & Company, Construction Manager, concurred in by Rails-Hamill Architects, Inc., the Council does hereby accept the bid of A & P Construction Company, 41055 Joy Road, Canton, Michigan 48170, for the Phase III, Part 3 SM (Under- ground Mechanical Work) construction of the New Civic Center Municipal Building in the amount of $114,286.01, the same having been in fact the lowest bid received for this item and meets all specifications, and the Council does hereby appropriate and authorize as an advance for this purpose a sum not to exceed $55,000.00 from Federal Revenue Sharing Funds, the same to be reimbursed to said account at such time as bonds have been sold and funds become available pursuant to a Livonia Drain No. 37 Project in connection with this work; further, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $25,000 00 from the Unexpended Fund Balance Account of the Water Fund and $18,000.00 from the Unexpended Fund Balance Account of the Sewer Fund for the purpose of constructing certain Water and Sewer Improvements within the Civic Center Site, as detailed in the aforesaid communication, and the Directorrof Public Works is authorized to approve all minor adjustments in the work as completed; 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 foUo .ng result: AYES. Raymond, Bennett, Nash, Brown and McCann. NAYS None. By Councilman Brown, seconded by Councilman Nash, it was #385-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 14, 1978, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to certain drainage work which is required in connection with the construction of theCivic Center Naznicipal Building, the Council does hereby request that the Livonia Drain No. 37 Drainage Board authorize the City of Livonia to advance the sum of $55,000.00 for the purpose of proceeding with a portion of the Livonia Drain No. 37, with the understanding that the said funds shall be reimbursed to the City at such time as bonds have been sold and funds are available for this project. A roll call vote was taken on the foregoing resolution with the following result. AYES Raymond, Bennett, Nash, Brown and McCann. NAYS. None. 17048 On motion of Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, this 881st Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:45 P.M., April 19, 1978. I ADDISON W. :' ''i ', CI CLERK.