Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1976-11-23 15958 1 MINUTES OF THE EIGHT HUNDRED AND FORTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 23, 1976, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8.00 P. M. . Councilman Ventura delivered the invocation. Roll was called with the following result. Present--Robert E. McCann, Robert F. Nash, Jerry H. Brown, Jerry Raymond, Peter A. Ventura, Robert R. Bishop and Robert D. Bennett. Absent--None. Elected and appointed officials present Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney, Frances Stem, Acting Deputy City Clerk, Jack Dodge, Director of Finance, Robert Osborn, Director of Public Works, Edward G. Milligan, Director of Public Safety-Fblice, Ronald Mardiros, City Assessor, G. E. Siemert, City LEngineer, John Nagy, City Planner, Stanley Bien, Chief Librarian, Russell Gronevelt, Superintendent of Operations Division, John Dufour, Superintendent of Parks and Recreation, and Michael Reiser of the Water and Sewer Board. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #972-76 RESOLVED, that the minutes of the 846th regular meeting of the Council of the City of Livonia, held November 10, 1976, are hereby approved. The following preamble and resolution were offered by Councilman VentuYrYt and supported by Councilman Raymond #973-76 WHEREAS, there exists in and for the City of Livonia, Wayne County, Michigan (the "City") an imperative need to acquire, construct and equip a moderate income senior citizen housing complex together with related site improvements and all necessary attachments and appurtenances thereto, as hereinafter in the attached Full Faith and Credit General Obligation Contract of Lease (the "Contract") more partidularly set forth, for the use of the City, and LWHEREAS, preliminary plans and estimates of cost of said facilities have been prepared by Ralls-Hamill-Becker-Carne, Inc., Architects of Livonia, Michigan, which said plans and estimates of cost have been review- ed by this Council; and 15959 WHEREAS, this Council has determined, and does hereby reaffirm, that it is necessary for the public health, safety and welfare of the City to acquire said facilities for the use of the City in accordance with said plans and estimates of costs; rJnd WHEREAS, Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended, provides through the procedures of building authority financing a means for the acquisition, construction, equipping and financing of such facilities, and WHEREAS, the City, in accordance with the provisions of said Act 31, as amended, has previously adopted Articles of Incorporation and has established the Municipal Building Authority of Livonia (the "Authority"), with full powers to acquire, construct and equip such facilities, and WHEREAS, this Council determines it to be in the best interest of the City to acquire, construct, equip and finance said facilities through the Authority in accordance with the provisions of said Act 31, as amended, and WHEREAS, a Contract between the City and the Authority providing for the acquisition, construction, equipping and financing of said facilities and such matters as are deemed necessary thereto has been prepared. NOW, THEREFORE, BE IT RESOLVED THAT 1. The City Council of the City hereby determines it to be necessary for the public health, safety and welfare of the City to acquire the moderate income senior citizen housing complex as set forth in the Contract attached to this resolution for the use of the City. 2. This Council deems it to be in the best interest of the City to finance the cost of such facilities through the Authority in accordance with the provisions of the aforesaid Act 31, as amended. 3. This Council hereby approves the preliminary plans and estimates of cost of said ftcilities as prepared by Ralls-Hamill-Becker- Carne, Inc., Architects of Livonia, Michigan. 4. This Council hereby approves the Contract for the acquisition, construction, equipping and financing of said facilities, as hereto attached. 5. The Notice of Intention of Entering into Contract of Lease as hereto attached shall be published in The Livonia Observer- Eccentric, of Livonia, Michigan, promptly upon adoption of this resolution, said Notice to appear as a display advertisement at least one-quarter (1/4) page in size. 6. The Mayor and City Clerk of the City of Livonia are auth- orized to execute immediately and deliver to the Authority the Contract approved by this resolution. The Contract shall become effective upon the expiration of forty-five (45) days following the date of publication of 15960 the aforesaid Notice, unless, under the provisions of Section 8(b) of said Act 31, as amended, the effectiveness of the Contract is stayed by reason of the filing of a petition for referendum thereon and the resultant necessity of prior approval thereof by the qualified electors of the City. The City Council does hereby determine that the designated newspaper is the newspaper circulating in the City of Livonia which reaches the largest number of persons to whom the aforesaid Notice is directed and that publi- cation of the aforesaid Notice in the designated newspaper represents the most practical and feasible means of informing the taxpayers and electors of the City of the aforesaid project and the financing thereof. A copy of the Contract shall be placed on file in the office of the City Clerk and shall be available for public examination. 7. The City Council of the City does hereby ratify and con- firm its covenant in the aforesaid Contract to levy ad valorem taxes against all taxable property in the City to the extent necessary to meet the full faith and credit general obligations of the City thereunder in the event revenues from other sources are insufficient for any reason whatsoever. Any such taxes levied to pay the Cash Rental under said Contract shall, if necessary, be without limitation as to rate or amount and in addition to any other taxes which the City may be authorized to levy. 8. All resolutions and parts of resolutions insofar as the same conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS. None. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #97+-76 RESOLVED, that the Council does hereby request that the City Attorney and the Community Development Coordinator submit their respective reports and recommendations relative to the propriety of using Community Development Funds for the purchase of land for use in connection with the Silver Village Senior Citizens Housing development. The communication dated November 3, 1976 from the Civil Service Commission regarding the title of the City Medical Examiner to be changed to City Physician, CR-807-76, was received and filed for the information of the Council. The communication dated November 22, 1976 from the Civil Service Commission and the communication dated November 5, 1976 from the Human Relations Commission, with respect to the City's Affirmative Action Plan, was received and filed for the information of the Council. 15961 Councilman Ventura took from the table for second reading and adoption, L the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 76-6-3-4) A roll call vote was taken on the foregoing Ordinance with the following result: AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS• None. The President declared the foregoing Ordinance duly adopted, and would become effec- tive on publication. Councilman Bishop took from the table for second reading and adoption, the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 76-7-3-6) A roll call vote was taken on the foregoing Ordinance with the following result: AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS. None. The President declared the foregoing Ordinance duly adopted, and would become effec- tive on publication. Councilman Bishop took from the table for second reading and adoption, the following Ordinance. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 76-8-3-7) A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effec- tive on publication. 15962 Councilman Ventura took from the table, for second readiiig and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 18 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDI- NANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 76-1+-1-15 FOR CHANGE OF ZONING FROM R-9-I to R-3-B. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effec- tive on publication. By Councilman Brown, seconded by Councilman Nash, it was #975-76 RESOLVED, that having considered a communication from the Director of Finance, dated October 20, 1976, approved for submission by the Mayor, with regard to the purchase of No. 5 Fuel Oil for the operation of the Pierson School, the Council does hereby determine to authorize the purchase of said No. 5 Fuel Oil from Allied Oil Company, P. 0. Box 91787, Chicago, Illinois 60693, effective October 18, 1976, for the Unit Price of 28.19¢ per gallon, said price being made in accordance with Federal Government regulations, further, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213(d)(5) of the Livonia Code of Ordi- nances, as amended, and all prior resolutions in conflict herewith are hereby repealed, amended, or revised to the extent necessary to be consist- enct with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS None. By Councilman Nash, seconded by Councilman Brown, it was #976-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated October 22, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of Dow Chemical, USA, 1+15 Travelers Tower, 26555 Evergreen Road, Southfield, Michigan 11.8075, for supplying the City 15963 (Road Maintenance Section) with liquid calcium chloride delivered to the storage tank in the D.P.W. yard at the Unit Price bid of $127.80 (and a total price of $31,950.00) for the period January 1, 1977 through December 31, 1977, the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS• None. By Councilman Brown, seconded by Councilman Bishop, it was #977-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated October 26, 1976, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of Nagle Paving Company, 181+11 West 12 Mile Road, Lathrup Village, Michigan 1+8076, for supplying the City (Road Maintenance Section) with bituminous materials for unit prices which total $58,650.00 for the period through December 31, 1977, the same having been in fact the lowest bid received for this item and meets all specifications, further, the Council does hereby determine that in the event the aforesaid low bidder is unable to furnish the said material on any given day that the second lowest bid of Detroit Concrete Products Corp. , P. 0. Box 618, 1+1+300 Grand River, Novi, Michigan 48050, which also meets specifications for this item, be accepted as an alternate to supply the City (Road Maintenance Section) with bituminous materials for the unit prices which total $59,475.00 for the period through December 31, 1977. A roll call vote was taken on the foregoing resolution with the following result. AYES- Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #978-76 RESOLVED, that having considered the report and recommendation dated October 14, 1976 from the City Engineer which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, and the attached Invoice no. 0161 dated October 12, 1976, the Council does hereby authorize payment in the amount of $2160.00 to Construction Testing and Inspection, Inc., 21537 Telegraph Road, Southfield, Michigan 1+8075, which sum includes the full and complete balance due for soils exploration work and test performed in connection with the proposed City Administration Building, it appearing from the aforementioned report that all work has been completed in accord- ance with City standards and specifications, and the Council does hereby appropriate and authorize the expenditure of the sum of $2160.00 from Federal Revenue Sharing Funds for this purpose, further, the Council does hereby determine that the aforesaid work was authorized to be done without competitive bidding inasmuch as the same was required for inclusion in the City's application for Federal Funds under the Public Works Bill, such action being taken in accordance with the provisions set forth in Section 2-213(d)(4) & (5) of the Livonia Code of Ordinances, as amended. 15964 A roll call vote was taken on the foregoing resolution with the following result: AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, it was #979-76 RESOLVED, that having considered the recommendation dated October 25, 1976 from the City Engineer, which is approved by the Director of Public Works and is approved for submission by the Mayor, and having also considered a communication from the Assistant Engineer of Traffic and Safety, Board of Wayne County Road Commissioners, dated October 20, 1976 in connection therewith, and having considered the necessity for the installation of a traffic control signal device to be located at the inter- section of Seven Mile Road and Wayne Road, the Council does hereby auth- orize the installation of same, further, the Council having been advised that the estimated cost of the proposed traffic signal installation is $1+,780.00 does hereby approve of the City assuming 50% of the total cost of such installation and for this purpose does hereby appropriate and authorize the expenditure of a sum not to exceed $2,390.00 from the Motor Vehicle Highway Fund. Receipts (Major Road Account); and further, the Council does hereby agree to the City assuming 50% of the energy and maintenance costs after the traffic control signal device has been install- ed, it being understood that the County will assume the balance of such energy and maintenance costs, and the Board of Wayne County Road Commis- sioners is hereby requested to cause such traffic control signal device to be installed at the aforesaid location in an expeditious manner, and the Mayor and City Clerk are hereby authorized to execute the attached cost agreement for the said traffic control signal device, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is also requested to send a certified copy of this resolution to the Board of Wayne County Road Commissioners to the attention of the Engineer of Traffic and Safety. A roll call vote was taken on the foregoing resolution with the following result. AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS- None. By Councilman Ventura, seconded by Councilman Bennett, it was #980-76 RESOLVED, that having considered a communication from the City Treasurer, dated October 22, 1976, the Council does hereby determine to authorize the transfer of the sum of $120.49 from Account 253-904, Printing and Publishing, and the sum of $254.51 from Account 253-943, Equipment Rental, to Account 253-983, Capital Outlay, for the purpose of purchasing a 1976 Model Burroughs Calculator Machine, the action herein being taken for the reasons indicated in the aforesaid communication. 15965 A roll call vote was taken on the foregoing resolution with the following result: AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS• None. At the direction of the Chair, the item on the agenda with respect to funds for appraisers for the proposed northwest branch library, was removed and wiJI_ be considered at the next study session to be conducted on December 6, 1976. By Councilman Bishop, seconded by Councilman Ventura, it was #981-76 RESOLVED, that having considered a communication from the City Engineer, dated October 25, 1976, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, theCouncil does hereby determine to authorize the following increases in the Engineering Division's Budget: Account No. Item Amount 441-709 Salaries and Wages - Overtime $ 6,000.00 441-864 Travel and Education - Employees 10.00 441-928 Public Utilities-Heat, Light & Water 5,000.00 441-756 Miscellaneous 30.00 Total $11,040.00 further, the Council does hereby determine to authorize an increase in Account 618-030, Engineering and Inspection Fees, by a like amount of $11,040.00, the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS. None. By Councilman Bennett, seconded by Councilman Brown, it was #982-76 RESOLVED, that having considered a communication dated October 8, 1976 from the Michigan Liquor Control Commission, with regard to an application from attorney David A. Perry, 31250 Plymouth Road, Livonia, Michigan, submitted in behalf of Picano Restaurant, Inc. for a new Class "C" License to be located at 29505 Plymouth Road, Livonia, Michigan, Wayne County, the Council does hereby determine to refer the same to the Commit- tee of the Whole for its consideration along with all other such applica- tions. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, Bennett, Brown and McCann. NAYS Ventura, Nash and Raymond. The President declared the resolution adopted. 15966 By Councilman Nash, seconded by Councilman Brown, it was #983-76 RESOLVED, that having considered a petition submitted by certain residents in the vicinity of Middlebelt between Schoolcraft and Five Mile Road with regard to excessive noise, pollution, traffic jams, hazards az,' truck traffic on Middlebelt in this area, the Council does hereby request that the Traffic Commission submit its report and recommendation with regard to the same, further, the Council does hereby request that the boe.rt' of Wayne County Road Commissioners take such action as may be appropriate in order to either eliminate, or at least alleviate, some of the problems referred to herein; and in this regard the City Clerk is requested to for- ward a certified copy of this resolution, together with a copy of the said petition, to the Board of Wayne County Road Commissioners for its considers• tion. A roll call vote was taken on the foregoing resolution with the following result. AYES• Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. The following resolution was unanimously introduced, supported and adopted: #984+-76 RESOLVED, that having considered a communication from the Mayor, dated October 29, 1976, to which is attached a communication from Council- man Robert R. Bishop, dated October 18, 1976, wherein it is recommended that the ice arena at Ford Field be officially designated as the "Eddie Edgar Sports Arena, " the Council does hereby request that the Department of Law prepare an amendment to Section 5-901 of the Livonia Code of Ordinances, as amended, for submission to Council, which amendmeatincorporates the aforesaid recommendation. By Councilman Bishop, seconded by Councilman Bennett, it was #985-76 RESOLVED, that having considered a communication from the Mayor, dated October 29, 1976, and a communication from the Community Development Coordinator, dated November 9, 1976, wherein it is recommended that the vacant home located at 20121 Floral Avenue in Section 1 be purchased by the City pursuant to the Community Development Act from the Department of Housing and Urban Development by the use of community development funds for a purchase price in the amount of $13,225.00, and thereafter development funds be used to repair the said vacant home for possible resale in conjunc- tion with the Section 8 Program, the Council does hereby authorize and approve of the purchase of the said property in the manner detailed and for the reasons indicated in the aforesaid communications. A roll call vote was taken on the foregoing resolution with the following result: AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously ad pted, it was 15967 #986-76 RESOLVED, that having considered a communication from the Community Development Coordinator, dated October 27, 1976, approved for submission by the Mayor, with regard to the Community Development Program and certain recommended changes for the Loan and Grant Manual concerning leins, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration. *Councilm•n Brown was excused at 8 35 p. m. By Councilman Bishop, seconded by Councilman Raymond, and unanimously adopted, it was #987-76 RESOLVED, that having considered a communication from the Community Development Coordinator, dated October 27, 1976, approved for submission by the Mayor, with regard to the Community Development Program and a recom- mended change in the Loan and Grant Manual which would authorize the concept of self-help for the purpose of preserving grant money for more important code violation correction, the Council does hereby determine to concur in and approve of the aforesaid change in the Loan and Grant Manual and, in this regard, requests that the Loan and Grant Committee do all things necessary or incidental to the full performance of this resolu- tion. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #988-76 RESOLVED, that having considered a communication from the Community Development Coordinator, dated November 5, 1976, approved for submission by the Mayor, with regard to the Community Development Program and recommended changes in the Loan and Grant Manual which would establish a fire protection and energy conservation policy so as to require the installation of smoke detectors and 6" of insulation in the attics of homes which participate in the home repair program, in the manner indicated in the aforesaid communication, the Council does hereby determine to concur in and approve of the said changes in the Loan and Grant Manual and, in this regard, requests that the Loan and Grant Committee do all things necessary or incidental to the full performance of this resolution. *Councilman Brown returned at 8.42 p. m. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #989-76 RESOLVED, that the Council does hereby request that the Fire Marshal submit a report and recommendation with respect to electrically operated fire protection devices and smoke detectors and, in this regard, the sufficiency of the same in the event of an electrical fire or power failure. 15968 By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #990-76 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 19, 1976, in accordance with the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing areport with regard to the proposed street improvement in a portion of Park Woods Subdivision (Stanmoor, Whitcomb and Harrison, South of Six Mile Road), City of Livonia, Wayne County, Michigan, and after a careful consideration having been given to all such matters, including a survey made of residents of the subject area, the Council does hereby determine to proceed no further with the special assessment proceed- ing heretofore commenced for the proposed improvement. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #991-76 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 27, 1976, pursuant to Council Resolution 658-76 adopted on August 11, 1976, in accordance with the providions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed street improvement of Rayburn Avenue, Merriman to Henry Ruff, City of Livonia, Wayne County, Michigan, and after a careful consideration having been given to all such matters, including a survey made of residents of the subject area, the Council does hereby determine to proceed no further with the Special Assess- ment proceeding heretofore commenced for the proposed improvement. By Councilman Nash, seconded by Councilman Bishop, it was #992-76 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 21, 1976, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Vacri Development Company, 26431 Meadowview, Farmington, Michigan 48024, the proprietor of the Francavilla Subdivision No. 1, of the Cash Escrow in the amount of $3,745.00 previously deposited with respect to the installation of Survey Monuments and Markers, in accordance with Council Resolution 425-76 adopted on May 12, 1976, and as thereafter subsequently amended by Council Resolution 780-76 adopted on September 15, 1976, and further, the financial assurances now on deposit with the City for general improvements and sidewalk improvements shall remain the same and unchanged, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. 15969 By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #993-76 RESOLVED, that having considered a communication from the City Engineer, dated October 27, 1976, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a memo from the Superintendent of Parks and Recreation regarding the need to provide lighting for the parking area at Pierson Center, the Council does hereby determine to refer the same to the Superintendent of Operations for his report and recommendation with regard to the feasibility of and the costs involved zinstalling outdoor vandal lights in lieu of three street lights recommended by the City Engineer. By Councilman Ventura, seconded by Councilman Bishop, it was #994-76 RESOLVED, that having considered a communication from the City Engineer, dated October 27, 1976, approved by the Director of Public Works and approved for submission by the Mayor, wherein it is requested that the Department of Law be authorized to obtain appraisals and enter into negotia- tions for acquiring necessary right-of-way needed to. complete the Argonne Subdivision street paving program, the Council does hereby authorize the Department of Law to employ an expert Real Estate Appraiser for the purpose of ascertaining the fair market value of said property, further, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $200.00 for this purpose from the Unexpended Fund Balance Account, the same to be reimbursed thereto from proceeds, when available, of the Special Assessment District established for the Argonne Subdivision Street Paving Program, and the City Clerk and City Treasurer are hereby author- ized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #995-76 RESOLVED, that having considered a communication from the City Engineer, dated October 11, 1976, approved by the Director of Public Works and the City Attorney and approved for submission by the Mayor, in regard to grants of easements and quit claim deeds obtained in connection with Clarita Avenue right-of-way in Section 9, the Council does hereby accept, for and on behalf of the City of Livonia, the following conveyances A. Grant of Easement from Stamford Investment Company, a Michigan Corporation, dated September 29, 1976, conveying• The West six (6) feet of the East twelve (12) feet of Lots 440 to 467, both inclusive, Seven Mile Super Highway Subdivision, as recorded in Liber 53, Page 50, Wayne County Records, said, subdivision being of the East 1/2 of the N. E. 1/4 of Section 9, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan. 15970 B. Grant of Easement from Stamford Investment Company, a Michigan Corporation, dated September 29, 1976, conveying The North six (6) feet of Lot 450, Seven Mile Super Highway Subdivision, as recorded in Liber 53, Page 50, Wayne County Records, said subdivision being of the East 1/2 of the N. E. 1/4 of Section 9, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan. C. Quit Claim Deed from Florence L. Bonner, dated October 5, 1976, conveying. A parcel of land being a part of the West 1/2 of the N.E. 1/4 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as. Beginning at a point on the East line of Helman Park, a sub- division of part of the West 1/2 of the N. E. 1/4 of Section 9, T. 1 S., Range 9 E., as recorded in Liber 75, Page 52 of Flats, W.C.R., said point being S. 89 degrees 33' 46" E. 1072.79 ft. measured along the North line of said Section 9, and S. 0 degrees 05' 10" W. 850 feet from the North 1/4 corner of said Section 9; thence S. 89 degrees 33' 46" E. 217.08 ft. to a point on the West line of Stamford Ave. (60 ft. wd. ); thence S. 0 degrees 06' 44" W., along said West line 41.79 ft. to a point, thence N. 89 degrees 19' 16" W. 217.07 ft. to a point on the East line of said Heiman Park, thence N. 0 degrees 05' 10" E. 40.88 ft. to the point of beginning. D. Quit Claim Deed from Kenneth R. Cornwall and Virginia A. Cornwall, his wife, dated October 4, 1976, conveying: A parcel of land being a part of the West 1/2 of the N.E. 1/4 of Section 9, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Beginning at a point on the East line of Heiman Park, a sub- division of part of the West 1/2 of the N. E. 1/4 of Section 9, T. 1 S., R. 9 E., as recorded in Liber 75, Page 52 of Plats, W.C.R., said point being S. 89 degrees 33' 46" E. 1072.79 ft. measured along the North line of said Section 9, and S. 0 degrees 05' 10" W. 850 ft. from the North 1/4 corner of said Section 9; thence S. 89 degrees 33' 46" E. 217.08 ft. to a point on the West line of Stamford Ave. (60 ft.wd. ), thence S. 0 degrees 06' 44" W., along said West line 41.79 ft. to a point; thence N. 89 degrees 19' 16" W. 217.07 ft. to a point on the East line of said Helman Park, thence N. 0 degrees 05' 10" E. 40.88 ft. to the point of beginning. and the City Clerk is hereby requested to have the said grants of easement and quit claim deeds recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. 15971 LA roll call vote was taken on the foregoing resolution with the following result. AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #996-76 RESOLVED, that having considered a communication from the City Engineer, dated October 11, 1976, approved by the Director of Public Works and the City Attorney and approved for submission by the Mayor, wherein it is recommended that a reconveyance of a portion of Clarita Avenue be made to the Stamford Investment Company for the reasons indicated in the aforesaid communication, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a Quit Claim Deed to the Stamford Investment Company conveying the follow- ing described property: A parcel of land being a part of the West 1/2 of the N.E. 1/4 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Beginning at a point on the East line of Helman Park, a Sub- division of part of the West 1/2 of the N.E. 1/4 of Section 9, T. 1 S. , R. 9 E., as recorded in Liber 75, Page 52, of Plats, Wayne County Records, said point being S. 89° 33' 46" E. 1072.79 ft. measured along the North line of said Section 9, and S. 0° 05' 10" W. 910 ft. from the North 1/4 corner of said Section 9, thence S. 89° 33' 46" E. 217.06 ft. to a point on the West line of Stamford (60 ft. wd. ), thence S. 0° 06' 44" W., along said West line 11.79 ft. to a point; thence N. 89° 19' 16" W. 217.06 ft to a point on the East line of said Heiman Park, thence N. 0° 05' 10" E. 10.88 ft. to the point of beginning. A roll call vote was taken on the foregoing resolution with the following result- AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #997-76 RESOLVED, that having considered a communication from the City Engineer, dated November 1, 1976, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution 476-76, with regard to the proposed vacating of Outlots "C" and "D" in the Stark Gardens Subdivision, the Council does hereby determine to refer the same to the Dpartment of Law for its report and 11.0 recommendation relative to the proper manner in which the said Outlots may be conveyed by the City to abutting property owners, subject to the retention of easement rights for public purposes and use over the full width of the said outlots. 15972 By Councilman Ventura, seconded byCouncilman Raymond, and unanimously adopted, it was #998-76 RESOLVED, that having considered 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 Ordi- nance, the Council does hereby determine to refer the same to the Legisla- tive Committee for its report and recommendation. The communication dated October 28, 1976 from the Public Utility Manager, with results of the Commercial Meter Test Program conducted during the 1976 Calendar Year, was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Ventura, it was #999-76 RESOLVED, that having considered a communication from the City Planning Commission, dated October 26, 1976, which transmits its resolution 10-203-76 adopted on October 12, 1976, with regard to Petition 76-10-8-20 submitted by Rourke Haas/Wah Yee Associates, Architects, requesting site plan approval in connection with a proposal to construct a store addition to the existing Newburgh Plaza Shopping Center Building located on the south side of Six Mile Road, between Newburgh Road and Fitzgerald, in Section 17, pursuant to the provisions set forth in Section 18.47 of Ordi- nance No. 543, as amended, the Council does hereby determine to concur in the recommendation of the Planning Commission and Petition 76-10-8-20 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Plan- ning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES. Ventura, Bishop, Nash, Brown, Raymond and McCann. NAYS: *Bennett. The President declared the resolution adopted. *Councilman Bennett made the following statement My 'nay' vote is cast in keeping with my previous position with ragard to the site plan provisions for landscaping treatment, which is sparse at best. By Councilman Ventura, seconded by Councilman Brown, it was RESOLVED, that having considered a communication dated April 23, 1976 from the City Planning Commission which sets forth its resolution 4-42-76 with regard to Petition 76-2-1-6 submitted by the City Planning Commission on its own motion, for a change of zoning on property located at 15973 the northwest corner of Joy and Hix Roads in the Southwest 1/4 of Section 31, from C-2 to R-1, and the Council having conducted a public hearing with regard to this matter on August 23, 1976, pursuant to Council Resolu- tion 455-76, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 76-2-1-6 is hereby denied. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura. NAYS- Bishop, Bennett, Nash, Brown, Raymond and McCann. The President declared the resolution DENIED. By Councilman Bishop, seconded by Councilman Bennett, it was #1000-76 RESOLVED, that having considered a communication dated April 23, 1976 from the City Planning Commission which sets forth its resolution 4-42-76 with regard to Petition 76-2-1-6 submitted by the City Planning Commission on its own motion, for a change of zoning on property located at the northwest corner of Joy and Hix Roads in the Southwest 1/4 of Section 31, from C-2 to R-1, and the Council having conducted a public hearing with regard to this matter on August 23, 1976, pursuant to Council Resolution 455-76, the Council does hereby concur in the recommendation of the Plan- ning Commission and the said Petition 76-2-1-6 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map,the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result- AYES- Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: Ventura. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Bennett, it was #1001-76 RESOLVED, that having considered a communication dated October 25, 1976 from the City Planning Commission which transmits its resolution 10-194-76 adopted on October 12, 1976 with regard to Petition 76-9-2-16, submitted by Lindhout Associates in behalf of Ward United Presbyterian Church, requesting waiver use approval to construct an addition to the existing church on property zoned RUFC located on the S. E. corner of Farmington Road and Six Mile Road, in the N. W. 1/4 of Section 15, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and- Pet.. 76-9-2-16 is hereby approved and granted, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission as well as the following additional conditions. 15974 1. that a 6' high redwood woven fence be constructed on the easterly boundary of the subject property where the same abuts Lot 41, as well as on the balance of the easterly boundary line, subject to approval by the abutting property owners, the same to be installed prior to the issuance of a final certificate of occupancy, 2. that adequate tree screening shall be installed on the southerly boundary line. A roll call vote was taken on the foregoing resolution with the following result: AYES- Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS- None. By Councilman Bishop, seconded by Councilman Ventura, it was #1002-76 RESOLVED, that having considered a communication dated October 25, 1976 from the City Planning Commission which transmits its resolution 10-195-76 adopted on October 12, 1976 with regard to Petition 76-9-2-17, submitted by Rev. Jacob J. Traub for the Bethel Missionary Assembly of God, requesting waiver use approval to construct an addition to the exist- ing church on property zoned RUF located on the east side of Middlebelt Road, north of Joy Road, in the S.W. 1/4 of Section 36, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 76-9-2-17 is hereby approved and granted, such ap- proval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was #1003-76 RESOLVED, that having considered a communication from the City Planning Commission, dated October 25, 1976, which sets forth its resolu- tion 10-196-76 with regard to a request dated July 30, 1976 from Lindhout Associates, submitted in behalf of Vilas L. Allen, D.V.M., requesting an extension of the approval of Petition 75-6-2-16 relative to a waiver use approval previously granted in Council Resolution 901-75 to construct an animal hospital on property located on the east side of Farmington Road, between Seven Mile Road and Clarita, in the N. W. 1/4 of Section 10, the Council does hereby determine to concur in the recommendation of the Plan- ning Commission and to grant the requested extension for a one year period, such extension of approval to be based upon the same conditions as those which are set forth in the recommendation of the City Planning Commission, as contained in its resolution 8-165-75. 15975 A roll call vote was taken on the foregoing resolution with the following result: AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #1004-76 RESOLVED, that having considered a communication from Bernal Realty Company, dated November 8, 1976, requesting arevocable license over a portion of the public right-of-way of Filmore Avenue at Lot 255 except the N. 62' of Seven Mile Super Highway Subdivision (18328 Irving, Livonia, Michigan), the Council does hereby determine to authorize the Department of Public Works to issue a revocable license in the manner and form herein requested, subject to the execution by the owner of a sufficient indemnifi- cation and save harmless agreement, the same to be made subject to approval by the Department of Law as to form. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #1005-76 RESOLVED, that having considered a communication from Bernal Realty Company, dated November 8, 1976, with regard to an encroachment into the right-of-way of Filmore Avenue at Lot 255 except the N. 62' of Seven Mile Super Highway Subdivision (18328 Irving, Livonia, Michigan), the Council does hereby determine to refer the same to the City Planning Com- mission for action and recommendation insofar as to whether or not the aforesaid public right-of-way of Filmore Avenue should be vacated pursuant to the provisions of Law and City Ordinance. By Councilman Ventura, seconded by Councilman Bennett, it was unanimously adopted, #1006-76 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 30, 1976 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on November 8, 1976, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby,pursuant to Section 2-508 of said Code• (1) accept and approve said statement in a.11 respects, (2) determine to make the improvement consisting of 31-foot wide deep strength asphalt pavement with concrete curbs and gutters (City's Alternate II Improvement) on Deering Avenue, north of Joy Road,in the S.E. 1/4 of Section 36, 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, 15976 (3) approve the plans and specifications for said improvement as set forth in said statement dated August 30, 1976; (4) determine that the estimated cost of such improvement is $96,036.96, (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 here- after established, (6) that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be $15,565.54 and that the balance of said cost and expense of said public improvement amounting to $80,071.42 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established.,in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in fifteen (15) 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 S.E. 1/4 of Section 36, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as containing the following described property Lots 1 through 56 of Joy Road Cozy Homesites Subdivision and Parcel 36K (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 assess- ment district as the special benefits to such lots orparcels 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 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 the said Code. 15977 By Councilman Nash, seconded by Councilman Brown, it was #1007-76 RESOLVED, that having considered a communication dated September 21, 1976 from the City Planning Commission which sets forth its resolution 8-157-76 with regard to Petition 76-6-1-26 submitted by Dr. Stella Evangelista for a change of zoning on property located on the northwest corner of Farmington Road and Orangelawn, in the N. E. 1/4 of Section 33, from RUF to P.S , and the Council having conducted a public hearing with regard to this matter on November 8, 1976, pursuant to Council Resolution 821-76, the Council does hereby concur in the. recommendation of the Plan- ning Commission and the said Petition 76-6-1-26 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and. McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was #1008-76 RESOLVED, that having considered a communication dated July 21, 1976 from the City Planning Commission which sets forth its resolution 7-112-76 with regard to Petition 76-6-1-20 submitted by the City Planning Commission on its own motion for a change of zoning on property located on the north side of Joy Road between Harrison and Thorpe Drive in the S.E. 1/4 of Section 36, from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on September 27, 1976, pursuant to Council Resolution 665-76, the Council does hereby concur in the recom- mendation of the Planning Commission and the said Petition 76-6-1-20 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 rgpartment of Law, and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES• Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #1009-76 RESOLVED, that having considered a communication dated July 21, 1976 from the City Planning Commission which sets forth its resolution 7-113-76 with regard to Petition 76-6-1-21 submitted by the City Planning Commission for a change of zoning on property located on the north side of Joy Road between Inkster and. Harrison in the S.E. 1/4 of Section 36, from 15978 C-2. to RUF, and the Council having conducted a public hearing with regard to this matter on September 27, 1976, pursuant to Council Resolution 665-76, the Council does hereby determine to concur in part in the recommendation of the Planning Commission and the said Petition is hereby approved and granted with reference to the proposed zoning change from C-2 to RUF with respect to Parcels 4, 55, 60, 69 and a2a, but the Council does hereby re- ject the recommendation of the Planning Commission and the said Petition is hereby denied with respect to the proposed zoning change from C-2 to RUF with reference to Parcels 3, 56, 59, 70, 71c, 72c, 73c and ala, and the City Planner is hereby instructed to cause the necessary map for publi- cation 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 Ordi- nance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS• None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1010-76 RESOLVED, that having considered a communication dated July 21, 1976 from the City Planning Commission which sets forth its resolution 7-114-76 with regard to Petition 76-6-1-22 submitted by the City Planning Commission for a change of zoning on property located on the north side of Joy Road between Inkster and Harrison in the S. E. 1/4 of Section 36, from C-2 to RUF & R-7, and the Council having conducted a public hearing with regard to this matter on September 27, 1976, pursuant to Council Resolution 665-76, the Council does hereby determine to refer this matter back to the City Planning Commission for the purpose of conducting a new Public Hearing, in accordance with Section 23.01(a) of Ordinance No. 543, as amended, and thereafter submitting a new report and recommendation on the question of whether or not the subject property should be rezoned to the R-1 Zoning Classification. By Councilman Nash, seconded by Councilman Raymond, it was #1011-76 RESOLVED, that having considered a communication from the City Clerk, dated September 15, 1976, which transmits certain proposals received in connection with the annual audits of the General and other related funds, the Council does hereby determine to accept the proposal of Plante & Moran, Certified Public Accountants, Southfield, Michigan, for perform- ing the Annual Independent Audit of the accounts of both the City of Livonia for the two Fiscal Year periods December 1, 1975 - November 30, 1976, and December 1, 1976 = November 30, 1977, and the Water and Sewer Division for the two Fiscal Year periods March 1, 1976 - February 28, 1977, and March 1, 1977 - February 28, 1978, as required by the City Charter and the State Uniform Accounting Act, 1968 PA 2, for a fee not to exceed Iwo $16,000.00 per year for the City of Livonia and $3,400.00 per year foftlen , Water and Sewer Division, and further, the City Clerk, as internal auditor 15979 City of Livonia, is hereby authorized to enter into a formal agreement with said firm, subject to approval as to form by the City Attorney, and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. The following resolution was unanimously introduced, supported and adopted #1012-76 RESOLVED, that having considered a communication from the Mayor, dated November 5, 1976, regarding the reappointment of Mildred Wieland, 30295 Seven Mile, Livonia, Michigan 48152, to serve on the Livonia Citizens Advisory Committee relative to community development for a three year period commencing November 12, 1976, the Council does hereby determine, pursuant to Article IV, Section 3 of the Bylaws of the Citizens Advisory Committee, to confirm and approve of the said reappointment. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #1013-76 RESOLVED, that having considered a communication from the Mayor, dated November 5, 1976, regarding the reappointment of James Sullivan, 29230 Bretton, Livonia, Michigan 48152, to serve on the Livonia Citizens Advisory Committee relative to community development for a three year period commencing November 12, 1976, the Council does hereby determine, pursuant to Article IV, Section 3 of the Bylaws of the Citizens Advisory Committee, to confirm and approve of the said reappointment. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #1014-76 RESOLVED, that having considered a communication from the Mayor, dated November 5, 1976, regarding the reappointment of Dr. Donald Friedrichs, 16277 Southampton, Livonia, Michigan 48154, to serve on the Livonia Citizens Advisory Committee relative to community development for a three year period commencing November 12, 1976, the Council does hereby determine, pursuant to Article IV, Section 3 of the Bylaws of the Citizens Advisory Committee, to confirm and approve of the said reappointment. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was 15980 imw #1015-76 RESOLVED, that having considered a communication from the Mayor, dated November 5, 1976, regarding the reappointment of Harriet Abramowitz, 18904 Purlingbrook, Livonia, Michigan 48152, to serve on the Livonia Citizens Advisory Committee relative to community development for a three year period commencing November 12, 1976, the Council does hereby determine pursuant to Article IV, Section 3 of the Bylaws of the Citizens Advisory Committee, to confirm and approve of the said reappointment. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #1016-76 RESOLVED, that the Council having considered a communication from the City Engineer, dated October 19, 1976, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street light• ing with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Francavilla Subdivision No. 1, located in the S. E. 1/4 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number, of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recom- mendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications, and recommendations have been properly filed by the City Engineer with the City Clerk under date of November 9, 1976, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, January 3, 1977, 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 Ventura, seconded by Councilman Brown, and unanimously adopted, it was #1017-76 RESOLVED, that the Council having considered a communication from lbw the City Engineer, dated October 27, 1976, approved by the Director of. Public Works and approved for submission by the Mayor, submitted pursuant 15981 to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street Imo lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Michael Kerby Industrial Subdivision, located in the N. W. 1/4 of Section 28, T. 1 S., R 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and, caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid be special assessment and what part, if any,should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications, and recommendations have been properly filed by the City Engineer with the City Clerk under date of November 9, 1976, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereLy set Monday, January 3, 1977, 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 auth- orized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #1018-76 RESOLVED, that the Council having considered a communication from the City Engineer, dated October 15, 1976, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia. Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivi- sions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Wildwood Forest Subdivision, located in the N. W. 1/4 of Section 21, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general oblica- tion of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special asscw!- Lment district, and it appearing to the Council -fhat all of such information, 15982 estimate, plans and specifications, and recommendations have been properly filed by the City Engineer with the City Clerk under date of November 9, 1976, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, January 3, 1977, 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 auth- orized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #1019-76 RESOLVED, that the Council having considered a communication from the City Engineer, dated October 21, 1976, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Stoneleigh Village Subdivision, located in the S. W. 1/4 of Section 21, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recom- mendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications, and recommendations have been properly filed by the City Engineer with the City Clerk under date of November 9, 1976, and that there has been a full compliance with all of the provisions of Sectior. 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, January 3, 1977, 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 Ventura, seconded by Councilman Brown, and unanimously adopted, it was 15983 #1020-76 RESOLVED, that the Council having considered a communication from the City Engineer, dated October 27, 1976, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Sheffield Estates Subdivision, located in the N. W. 1/4 of Section 9, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recom- mendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications, and recommendations have been properly filed by the City Engineer with the City Clerk under date of November 9, 1976, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, January 3, 1977, 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 auth- orized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #1021-76 RESOLVED, that the Council having considered a communication from the City Engineer, dated November 8, 1976, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of ornamental street lighting with underground wiring in Cherokee Trail Subdivision, located in the S. W. 1/4 of Section 33, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of install- ments in which assessments may be paid and the lands which sould be includ- ed in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications, 1598+ and recommendations have been properly filed by the City Engineer with the City Clerk under date of November 9, 1976, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, January 3, 1977, 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. Councilman Bishop gave first reading to the following Ordinance- AN ORDINANCE AMENDING SECTION 22 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE PETITION NO. 76-6-1-24 FOR CHANGE OF ZONING FROM C-2 AND R-1 TO P.S. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 6-169(1) OF CHAPTER I (TRAFFIC ORDINANCE) OF TITLE 6 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 foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. The communication dated November 12, 1976 from the Department of Law, with respect to the propriety of defining Departmental Work Functions by Ordinance, in response to Council Resolution No. 74+7-76, was received and filed for the informa- tion of the Council. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was 15985 #1022-76 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 Raymond, it was #1023-76 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee with regard to a communication from the Director of Finance, dated October 15, 1976, approved for submission by the Mayor, relative to a proposal for a modified self-insured workmen's compensation program, to which is attached a communication from R. L. Jones & Associates, Inc., dated October 18, 1976, the Council does hereby deter- mine as follows: a) That for the period December 1, 1976 through November 30, 1977 the Mayor and City Clerk are authorized to execute a contract for and in behalf of the City with Corporate Service, Inc., 220 Bagley Avenue, Detroit, Michigan 48226, for providing the City with claims service, loss prevention service and an aggregate excess contract of $3,000,000 for losses exceeding 85% of an estimated normal premium of $276,421 (i.e., $234,958) through the Insurance Company of North America, b) That the service fee and aggregate excess fee shall be at the rate of 26.3% of the estimated normal premium amount of $276,421 (i.e., $72,699), which shall be payable as follows : ;6o% of 572,699 on December 1, 1976 - 843,619 40% of S72,699 on June 1, 1977 - s29,080, c) That incorporated herein by reference, as if fully set forth, is the attachment to the aforesaid communication from R. L. Jones & Associates, Inc. which describes in detail the provisions of the contract and the services to be performed by Corporate Service, Inc. and Insurance Company of North America as herein authorized, d) Further, that workmen's compensation claims during the subject period which are approved for payment by Corporate Service, Inc. in an aggregate amount not to exceed 85% of the estimated normal premium of $276,421 (i.e., $234,958), are hereby authorized to be paid by the City of Livonia to claimants, and the City Clerk, City Treasurer and Finance Director are hereby author- ized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result : AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. 15986 By Councilman Ventura, seconded by Councilman Bishop, it was #1024-76 RESOLVED, that having considered a communication from the Director of Finance, dated November 16, 1976, approved for submission by the Mayor, to which is attached a communication from R. L. Jones & Associates, Inc., dated September 23, 1976, with regard to retrospective rating adjustments for the periods December 1, 1969 - 1972, December 1, 1972 - 1974, and December 1, 1974 - 1975, the Council does hereby determine that with respect to the fourth retrospective adjustment on Workmen's Compensation Premium for the period December 1, 1969 - December 1, 1972 to authorize the payment of the sum of $29,126.00 to Continental.Inturance Company, the same to be appropriated from those monies which have been made available from a restrospective adjustment of $43,320.00 credited for the one year period ending November 30, 1975, the action herein being taken for the reasons indicated in the aforesaid communication, and the City Clerk and City Treasurer are hereby requested to do all things neces- sary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS. None. By Councilman Ventura, seconded by CouncilmanBishop, it was #1025-76 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 12, 1976, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the Argonne Subdivision Special Assessment Road Improvement Project, located in the N. E. 1/4 of Section 1, in the City of Livonia, Wayne County, Michigan, and Special Assessment District No. 154 in connection therewith, and in view of the fact that the City's application for federal community development funds in connection with the aforesaid Argonne Subdivision Road Improvement Project has now been approved, the Council does hereby determine to amend and revise Council Resolution 542-76 adopted on June 23, 1976 so as to establish that the special assessments against lots or parcels of land located in Special Assessment District No. 154 shall be in the amount of $524,761.26 (50%) (a reduction to $23.53 per front foot (front streets plus side streets) from $40.00 per front foot (front streets plus side streets)), with the City's share to be in the amount of $157,428.37 (15%) and community development funds to be used for this pro- ject to be in the amount of $367,332.89 (35%), and the City Assessor and the City Treasurer are hereby requested to do all things necessary to revise the roll of Special Assessment District No. 154 to reflect the new special assessment rate herein authorized, as well as to do all things as may be necessary or incidental to the full performance of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result IwoAYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS. None. 15987 By Councilman Ventura, seconded by Councilman Nash, it was #1026-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated November 23, 1976, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the repair and major overhaul of compressor #2 at the Ford Ice Arena by McKenna Refrigeration, Inc., of Dearborn, for a sum not to exceed $5,600.00, the same to be expended from the Unexpended Fund Balance Account, further, the Council does hereby determine to authorize the said work without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213(d)(1) and (5) of the Livonia Code of Ordinances (Financial Ordinance), 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. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS. None. On motion of Councilman Nash, seconded by Councilman Brown, and unanimously adopted, this 847th regular meeting of the Council of the City of Livonia was duly adjourned at 9.35 p. m. , November 23, 1976. ADDISON W. , CI CLERK.