Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1976-10-13 15872 MINUTES OF THE EIGHT HUNDRED AND FORTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 13, 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 15 P. M. . Councilman Nash delivered the invocation. Roll was called with the following result. Present--Robert E. McCann, Robert F. Nash, Jerry H. Brown, Jerry Raymond, Robert R Bishop and Robert D. Bennett. Absent-- Peter A. Ventura. Elected and appointed officials present: Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney, Frances Stem, Acting Deputy City Clerk, Jack Dodge, Finance Director, Robert Osborn, Director of Public Works, John Bunk, Fire Chief, Ronald Mardiros, City Assessor, Michael McGee, Administrative Assistant to the Mayor, G. E. Siemert, City Engineer, John Nagy, City Planner, James Inglis, Community Development Coordinator, Robert Biga, Assistant Superintendent of Opera- tions Division; John T. Dufour, Superintendent of Parks and Recreation, Chella Lewis, Civil Service Department, Michael Reiser, Water and Sewer Board, Tommy Mitchell, Traffic Commission, and William DuBose of the Planning Commission. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #825-76 RESOLVED, that the minutes of the 843rd regular meeting of the Council of the City of Livonia, held September 29, 1976, are hereby approved. By Councilman Bishop, seconded by Councilman Bennett, it was #826-76 WHEREAS, municipalities were required to establish an Unemploy- ment Compensation System and Benefit Plan for their employees in compli- ance with 1974 PA 104, and WHEREAS, the City of Livonia together with many other cities and municipalities did by local ordinance establish such a plan which was established pursuant to the provisions of 1958 PA 170, as amended, and WHEREAS, in accordance with state statute the said ordinance provides for certain exclusions such as for elected and appointed officials contract employees, seasonal, temporary, student and part-time employees, and 15873 LWHEREAS, Senate Bill No. 1191 would proscribe enactment of such local ordinance provisions thereby negating the aforesaid exclusions; and WHEREAS, enactment of Senate Bill No. 1191 would not only potentially create great financial liability and cost to cities and munici- palities and their taxpayers, but may very well result in many persons not being employed as seasonal, temporary, student and part-time employees due to this legislation, and WHEREAS, Senate Bill No. 1191 is merely another illustration of a state created obligation placed upon cities and municipalities without any consideration given whatsoever to the financing and wherewithal required in order to fulfill such an obligation, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia takes this means to voice its protest and opposition to the enactment of Senate Bill No. 1191 and urges that State Senator Carl D. Pursell, as well as State Representatives John F. Markes and Robert Geake do all things necessary to defeat the enactment of this unwise proposed legislation, BE IT FURTHER RESOLVED, that the City Clerk is requested to for- ward a copy of this resolution to Governor William G. Milliken, and other communities in the County of Wayne. L A roll call vote was taken on the foregoing resolution with the following result. AYES Nash, Brown, Bishop, Bennett and McCann. NAYS: Raymond. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was 4827-76 RESOLVED, that having considered a communication from the Direc- tor of Finance, dated September 22, 1976, approved for submission by the Mayor, which sets forth comments and corrective actions taken relating to the outside auditors' report of comments and recommendations dated April 30, 1976, and having also considered a communication from the Livonia Public Schools, dated October 4, 1976, relating to the said out- side auditors' report concerning the School District-City Data Processing Contract, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. The communication dated September 16, 1976 from the Public Utility Manager, with regard to the annual savings realized from the re-lighting of Ford Field, was Lreceived and filed for the information of the Council. 15871+ The communication from the Department of Law dated September 29, 1976, in response to Council Resolution No. 729-76, with respect to complaint of a dog bite on June 21, 1976 at 31603 Fonville, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Bishop, it was #828-76 RESOLVED, that having considered a communication from the Water and Sewer Board, dated August 20, 1976, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which tra..lsmits its resolution WS 2114 7/76, the Council does hereby determine to accept the bid of Blue Grass Lawn Supplies, 16185 Newburgh Road, Livonia, Michigan 48154, for supplying the City (Water and Sewer Depart- ment) with 1,000 yards, more or less, of top soil for the Unit Price of $3.50 a yard, pick up (total estimated price being $3,500.00),the same having been in fact the lowest bid received meeting specifications A roll call vote was taken on the foregoing resolution with the following result AYES. Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was 4829-76 RESOLVED, that having considered a communication from the Water and Sewer Board, dated August 20, 1976, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits its resolution WS 2113 7/76, the Council does hereby determine to accept the bid of Blue Grass Lawn Supplies, 16185 Newburgh Road, Livonia, Michigan 48154, for supplying the City (Water and Sewer Depart- ment) with Merrion sod for the Unit Price of 400 a yard, pick up price, the same having been in fact the lowest bidreceived meeting specifica- tions. A roll call vote was taken on the foregoing resolution with the following result: AYES- Nash,. Brown, Raymond, Bishop, Bennett and McCann. NAYS. None. By Councilman Bishop, seconded by Councilman Nash, it was #830-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated September 10, 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 Efco Equipment Company, Inc., 40890 Grand River Avenue, Novi, Michigan 48050, for furnishing one commercial dispensing fuel pump for Whispering Willows Golf Course and for furnishing and installing one commercial dispensing fuel pump at Idyl Wyld Golf Course for the total price of $1,898.00, the same having been in fact the lowest bid received and meets all specifications. 15875 A roll call vote was taken on the foregoing resolution with the following result: AYES. Nash, Brown, Raymond, Bishop, Bennett and. McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Bishop, it was 4831-76 RES2LVED, that having consiqered the report and recommendation of the City Engineer, dated .A....gust 31, 1976, which bears the signature of the Director of Firance, is approved by the Director of Public WDrks and the 0nairman of tLe Water anl Sewer Board, and is approved, for submis- sion by the Mayor, the Council does hereby accept the Unit Price bid of Franciosi-Fanelli, Inc., 18255 Doris, Livonia, Michigan 48152, for the Fairlane Road. Water Main Extension (Contract 76-K) for the estimated total post of $28,663.74, based upon the Engineering Division's estimate of units of work involved, and subject to a final payment based on the actual units of work completed, in accordance with the unit prices accepted here- in, said, estimated cost and, unit prices having been in fact the lowest bid received for this item, and the Council does hereby appropriate and authorize the expenditure of an additional sum not to exceed $1,663.74 from the Unexpended. Fund Balance Account of the Water Fund for this pur- pose; and the Director of Public Works is hereby 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 following result: AYES: Nash, Brown, Raymond, Bishop, Bennett and. McCann. NAYS None. By Councilman Bennett, seconded by Councilman Bishop, it was 4832-76 RESOLVED, that having considered a communication from the Director of Finance, dated September 28, 1976, approved for submission by the Mayor, the Council does hereby determine to authorize the purchase of gasoline from Texaco, Inc., effective September 17, 1976, at the following unit prices : Less than 5,000 Gal. - 43.70/Gallon More than 5,000 Gal. - 38.80Gallon Lead Free less than 5,000 Gals. - 45.70/Gallon Lead Free more than 5,000 Gals. - 40.80/Gallon said prices being made in accordance with Federal Government Regulations, further, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213 (d)(5) of the Livonia Code of Ordinances; and all prior resolutions in conflict herewith are hereby repealed, amended or revised to the extent necessary to be consistent with the action taken herein. 15876 A roll call vote was taken on the foregoing resolution with the following result: AYES. Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS None. By Councilman Raymond, seconded by Councilman Bishop, and unanimously adopted, it was #833-76 RESOLVED, that the Council does hereby request that the Finance Director submit a report and recommendation as to whether or not Federal regulations governing the purchase of gasoline are currently in effect, of if they have in fact been removed so as to permit the taking of competitive bids, and in this regard, whether or not the taking of such bids are economically feasible. By Councilman Bishop, seconded by Councilman Brown, and unanimously adopted, it was 4834-76 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated September 21, 1976, approved by the Director of Public Safety-Fire and the Director of Finance, and approved for submis- sion by the Mayor, with regard to bids received pursuant to the authoriza- tion set forth in Council Resolution 501-76 for the purchase of two four door sedans and one van truck to replace existing vehicles in the Fire Department, the Council does hereby determine to reject the bid received in this regard and to authorize the taking of new bids for this purpose in accordance with provisions of law and City ordinance, the action herein being taken for the reasons indicated in the aforesaid communication. By Councilman Nash, seconded by Councilman Raymond, it was 4835-76 RESOLVED, that having considered a communication from the City Clerk, dated September 27, 1976, the Council does hereby determine to authorize the following fund transfers: FROM Acct. No. Accounts Sum 193-702 Salaries & Wages $1500.00 193-702 Salaries & Wages 1500.00 193-904 Printing 350.00 193-904 Printing 500.00 193-757-020 Computer Supplies 2000.00 193-728 Office Supplies 350.00 193-702 Salaries & Wages 1000.00 TO 15877 Acct. No. Accounts SUM L193-709 Salaries & Wages (Overtime) $1500.00 193-943 Equipment Rental (30 voting machines) 1500.00 193-933 Equipment Maintenance 350.00 193-933.010 Equipment Transportation 500.00 193-814.030 Computer Services 2000.00 193-756 Miscellaneous 350.00 193-814.030 Computer Services 1000.00 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 Nash, Brown, *Raymond, Bishop, Bennett and McCann. NAYS: None. *Councilman Raymond made the following statement We have been advised by our esteemed City Clerk that the number of registered voters in most of the precincts will be increased, and arrangements have been made to rent additional voting machines L so as to try to minimize voter lines on Election day, and the transfers of funds are necessary to cover the rental of same, etc. By Councilman Brown, seconded by Councilman Bishop, it was 4836-76 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation, dated September 17, 1976, approved by the Finance Director and approved for submission by the Mayor, wherein it is requested that sufficient funds be appropriated in order to provide six employees recently transferred to the Parks Division with work uniforms, the Council does hereby determine to appropriate the sum of $500.00 from the Unexpended Fund Balance Account to be transferred to the Parks Divi- sion Uniform Account No. 101-704-768.000.000 for this purpose; 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• Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Bishop, it was L 1837-76 RESOLVED, that having considered a communication from the Superin- tendent of Parks and Recreation, dated September 15, 1976, approved by the 15878 Finance Director and approved for submission by the Mayor, wheren it is recommended that the roof of the Devon-Aire Ice Rink be repaired for the estimated cost of $700.00, the Council does hereby determine to appropri- ate a E:im not to exceed $700.00 from the Unexpended Fund Balance Account for this purpose; 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: Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was 4838-76 RESOLVED, that having considered a communication from the City Engineer, dated September 8, 1976, which bears the signature of the Finance Director, is approved by the Superintendent of Parks and Recrea- tion and the Director of Public Works, and is approved for submission by the Mayor, wherein it is recommended that the asphalt base course for four tennis courts recently installed by the contractor for Chatham Super Markets, Inc., in compliance with a recent land exchange agreement between the City of Livonia and the said Chatham Super Markets, Inc., be completed in the manner and form indicated in the aforesaid communication, the Council does hereby determine to authorize the said construction as an additional item to be performed by Detroit Concrete Products Corporation on the basis of the unit prices accepted in Council Resolution 717-76 adopted on August 25, 1976, the estimated cost of which work is $13,400.00, the action herein being taken for the reasons indicated in the aforesaid communication, and the Council does hereby appropraite and authorize the expenditure of a sum not to exceed $13,400.00 from Federal Revenue Sharing Funds for this purpose, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bennett, it was 4839-76 RESOLVED, that having considered a communication from the Mayor, dated September 30, 1976, which bears the signature of the Director of Finance, wherein it is recommended that the auto allowance of $50.00 per month for the City Assessor be eliminated and that, in lieu thereof, a trans:'portation rental be provided, the Council does hereby determine to authorize the transfer of the sum of $300.00 from Account No. 101-202-861. 010.000 (Auto Expense) to Account No. 101-202-91+7.000.000 (Transportation Rental) for this purpose; and the Council does hereby determine to rescind �r.. and repeal Council resolution 979-67 adopted on September 18, 1967 as to eliminate the auto allowance therein provided for the position of City Assessor. 15879 A roll call vote was taken on the foregoing resolution with the following result: AYES• Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Raymond, it was #840-76 RESOLVED, that having considered a communication from the Fire Chief, dated September 27, 1976, approved by the Director of Public Safety-Fire and the Director of Finance, and approved for submission by the Mayor, the Council does hereby determine to increase the Rescue Run Revenue Account in the amount of $1700.00 and to simultaneously authorize the transfer of a like amount from the aforesaid Rescue Run Revenue Account to Account No. 101-338-751.000.000, Gas and Oil, further, the Council does hereby authorize the transfer of $1200.00 from Account No. 101-338-709.000.000, Salaries and Wages - Overtime (Fire Fighting Divi- sion), which amount is to be transferred to the following accounts in the following amounts• $1000.00 to Account No. 101-341-709.000.000, Salaries and Wages - Overtime (Fire Prevention Bureau) $200.00 to Account No. 101-336-709.000.000, Salaries and Wages - Overtime (Administration) the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, it was #841-76 RESOLVED, that having considered a communication from the Fire Chief, dated September 21, 1976, approved by the Director of Public Safety-Fire and the Finance Director, and approved for submission bythe Mayor, with regard to the addition and renovations to Fire Station No. 2, authorized in Council Resolution 657-75, the Council does hereby deter- mine to appropriate and authorize the additional sum of $1,206.40 from the 1968 General Obligation Fire Department Bond Issue in order to provide funds required for additional work performed by the contractor in the manner detailed in the aforesaid communication, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performanc of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES• Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS: None. 15880 By Councilman Bennett, seconded by Councilman Nash, it was #842-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated September 21, 1976, which bear' 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 authorize a contract in an amount not to exceed $5455.00 with Harry Fox, Inc., 28150 Hayes, Roseville, Michigan 48066, for the removal of 28 Diseased trees, including stumps, in Sections 34 and 36 in the City of Livonia, based upon certain unit prices as set forth in attachments, said sum being herein appropriated and authorized to be expended from Act 51 Motor Vehicle Funds for this purpose, further, the Council does hereby determine to authorize said contract 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,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 contractor and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES• Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS None. By Councilman Bishop, seconded by Councilman Raymond, and unanimously adopted, it was #843-76 RESOLVED, that having considered a petition submitted by certain residents, bearing approximately 74 signatures, received by the Office of the City Clerk on September 20, 1976, wherein it is requested that three- way stop signs be installed in the New-Joy Subdivision at the intersection of Crown and Northfield, the Council does hereby determine to refer the same to the Traffic Commission for its report and recommendation. By Councilman Raymond, seconded by Councilman Nash, it was #844-76 RESOLVED, that having considered a communication from the Mayor, dated September 29, 1976, with regard to moving of several historical buildings presently situated at Quaker Acres to the Historical Village Site to be established at Greenmead, the Council does hereby determine to waive any and all fees for permits prescribed by City Ordinance in con- nection with the aforesaid project, including all those activities speci- fied in the aforesaid communication, and all City departments, agencies and officials are hereby requested to do all things necessary or incident- al to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES. Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS None. 15881 By Councilman Raymond, seconded by Councilman Bishop, it was #845-76 RESOLVED, that having considered the communication from the Mayor, dated September 28, 1976, regarding the proceeds to be derived from the City Garage Sale to be conducted on May 19, 20 and 21, 1977, the Council does hereby determine to receive and file the same for its informa- tion, taking note, however, that it is the recommendation of the Mayor that the proceeds of this sale be set aside for the further development and use of Greenmead and the Historical Village. A roll call vote was taken on the foregoing resolution with the following result AYES. Nash, Raymond, Bishop, Bennett and McCann. NAYS: Brown. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Brown, it was #846-76 RESOLVED, that having considered a communication dated September 13, 1976 from the City Planning Commission which transmits its resolution 8-164-76 adopted on August 31, 1976, with regard to Petition 76-6-3-4 submitted by the City Planning Commission on its own motion, requesting the vacating of a public alley located on the north side of Seven Mile Road between Rensellor and Inkster in the S. E. 1/4 of Section 1, the Council does hereby determine to concur in the recommendation of the City Plan- ning Commission and to grant and approve the said Petition 76-6-3-4, subject to the retention of a full width easement for public utilities, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS None. By Councilman Bishop, seconded by Councilman Raymond, it was #847-76 RESOLVED, that having considered a communication dated September 27, 1976 from the City Planning Commission which transmits its resolution 9-165-76 adopted on September 14, 1976, with regard to Petition 76-7-3-6 submitted by Wood & Wood, attorneys, requesting the vacating of an ease- ment located on the east side of Farmington Road, south of Schoolcraft Road, in the N. W 1/4 of Section 22, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition 76-7-3-6, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A rol call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS: None. 15882 By Councilman Nash, seconded by Councilman Brown, it was #848-76 RESOLVED, that having considered a communication dated September 28, 1976 from the City Planning Commission which transmits its resolution 9-173-76 adopted on September 14, 1976, with regard to Petition 76-8-3-7 submitted by Cecil A. Schnittker, requesting the vacating of Pickford Avenue right-of-way located south of Clarita between Stamford and Myron Avenues in the N. E. 1/4 of Section 9, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition 76-8-3-7, subject to the retention of a full width easement for public utilities, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accord- ance with this resolution. A roll call vote was taken on the_foregoing resolution with the following result: AYES• Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS• None. By Councilman Bennett, seconded by Councilman Raymond, it was #849-76 RESOLVED, that having considered a communication dated September 21, 1976 from the City Planning Commission which transmits its resolution 8-147-76 adopted on August 24, 1976, with regard to Petition 76-7-2-13 submitted by W. P. Lindhout Associates for St. Colette Catholic Church, requesting waiver use approval to construct and operate a church activi- ties building on property zoned R-4-B located on the east side of Newburgh Road, north of Vargo Avenue, in the S.W. 1/4 of Section 8, the Council does hereby determine to concur in the recommendation of the City Planning Commission and Petition 76-7-2-13 is hereby approved and granted, such approval to be based upon the same conditions as are set forth in the aforesaid recommendation of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication dated September 24, 1976 from the City Planning Commission which transmits its resolution 8-149-76 adopted on August 24, 1976, with regard to Petition 76-8-2-15 submitted by Samuel Durante, requesting waiver use approval to establish and operate a sit-down restaurant on property zoned C-2 which is presently occupied as a take-out and delivery establishment, located on the south side of Ann Arbor Road between Hix and Knolson in the S.' W. 1/4 of Section 31, the Council does hereby determine to concur in the recommendation of the City Planning Commission and Petition 76-8-2-15 is hereby approved and granted, such approval to be based upon the same conditions and limitation set forth in the aforesaid recommendation of the City Planning Commission. 15883 A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Raymond and McCann. NAYS. Brown, Bishop and. Bennett. The President declared the resolution DENIED. By Councilman Nash, seconded by Councilman Raymond, it was #850-76 RESOLVED, that having considered a communication dated September 24, 1976 from the City Planning Commission which transmits its resolution 8-149-76 adopted on August 24, 1976, with regard to Petition 76-8-2-15 submitted, by Samual Durante, requesting waiver use approval to establish and operate a sit-down restaurant on property zoned C-2 which is presently occupied as a take-out and delivery establishment, located on the south side of Ann Arbor Road between Hix and. Knolson in the S.W. 1/4 of Section 31, the Council does hereby determine to refer this matter to the Study Session to be conducted on October 25, 1976. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, *Brown, Raymond, Bishop, Bennett and McCann. NAYS None. *Councilman Brown made the following statement. My 'aye' vote is cast merely to find out how this matter really came about. By Councilman Brown, seconded by Councilman Raymond, it was #851-76 RESOLVED, that having considered a communication from the City Planning Commission, dated September 28, 1976, which transmits its resolu- tion 9-175-76 adopted on September 14, 1976, with regard to Petition No. 76-9-8-18 submitted by Leon Siegel, requesting site plan approval in con- nection with a proposal to construct retail stores on property located on the east side of Farmington Road, south of Eight Mile Road, in Section 3, pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby determine to concur in the recommenda- tion of the Planning Commission and Petition 76-9-8-18 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the City Planning Commission, as well as the additional condition that the two parking spaces which are shown on the site plan as being at the most southwesterly point of the site plan nearest Farmington Road shall be deleted, and instead, be landscaped consistent with the conditions set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result AYES Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS. None. 15884 By Councilman Brown, seconded by Councilman Nash, and unanimously adopted, it was #852-76 RESOLVED, that having considered .a petition from certain residents of the Fairway Farms Subdivision, dated September 28, 1976, requesting either the vacating or sale of City-owned property located adjacent to Lots 25 through 31 of the said subdivision, the Council does hereby determine to refer the same to the City Planning Commission for its report and recommendation. At the direction of the Chair, the item on the agenda with respect to the request of Southland Corporation to drop partner on their 1976 SDM License located at 38340 Joy Road was removed and will be considered at the next regular meeting to be conducted on October 27, 1976. The communication from the Finance Director, dated September 20, 1976, transmitting financial statements of the City for the month ending August 31, 1976, was received and filed for the information of the Council. By Councilman Bishop, seconded by Councilman Bennett, it was #853-76 RESOLVED, that having considered a communication from the Fire Chief, dated September 14, 1976, approved by the Director of Public Safety-Fire and the Director of Finance, and approved for submission by the Mayor, wherein it is recommended that one new rescue vehicle, completely equipped, be purchased for an estimated cost of $25,000.00, the cost of which is to be defrayed from the 1968. General Obligation Fire Department Bond Issue, the Council does hereby determine toauthorize the taking of competitive bids for this item, in accordance with provisions of law and City ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES• Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Raymond, it was #854-76 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 14, 1976, approved by the Director of Public Works, and approved for submission by the Mayor, with regard to the 1975 Miscellaneous Sidewalk and Drive Approach Program, previously authorized in Council Resolutions 525-76 and 317-76, the Council does hereby determine to amend and revise Council Resolution 525-76 so as to provide that the $16.50 currently levied against Bureau of Taxation Parcel 36g66 in lieu thereof be added to the City's share of the said program, and that Council resolution 317-76 be amended and revised so as to provide 15885 for an assessment against Bureau of Taxation Parcel 01j1-9 in the amount of $877.07 and that the City's share of the said program be increased in the amount of $91.02 for sidewalk construction within the St. Francis Avenue right-of-way, and the Council does hereby determine to appropriate and authorize the expenditure of the sum of $107.52 from the 9.8 Million Dollar General Obligation Road Improvement Bond Issue for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES. Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS• None. By Councilman Brown, seconded by Councilman Bishop, it was 4855-76 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 22, 1976, which is approved by the Director of Public Works and is approved for submission by the Mayor, and the attached final construction estimate dated September 22, 19';6, the Council does hereby authorize Final Payment in the amount of $413.91 to Stewart & Son, Inc., 41796 Fret, Belleville, Michigan 48111, which sum includes the full and complete balance due on a contract dated May 18, 1976, in the amount of $8205.93, the actual contract amount completed to date being $8278.18 in connection with the installation of a Sanitary Sewer and Water Line Extension to the community shelter at Rotary Com- munity Park, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City stand- ards 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 the additional sum of $72.25 from Federal Revenue Sharing Funds; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result- AYES Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS• None. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was 4856-76 RESOLVED, that having considered a communication from the Direc- tor of Public Works and the Superintendent of Parks and Recreation, dated September 15, 1976, approved for submission by the Mayor, wherein it is recommended that the City-owned residence located at 30595 Pickford be demolished, the Council does hereby concur in said recommendation and for this purpose does request and authorize that the Department of Public Works do all things necessary to demolish and remove the said structure 15886 and that the Department of Parks and Recreation remove the existing fence L, and other boundary obstructions in order that the said property may be utilized in conjunction with the adjacent park site, the action herein being taken for the reasons indicated in the aforesaid communication. By Councilman Nash, seconded by Councilman Bishop, it was #857-76 RESOLVED, that having considered a communication from the Depart- ment of Law, dated September 17, 1976, approved for submission by the Mayor, with regard to a request from Mrs.Delila M. Poynter, R.R. 3, Box 251, West Branch, Michigan 48661, and Mrs. Opal Fox, 20905 Tuck Road, Farmington Hills, Michigan 48024, that they be granted a Certificate of Ownership from the City of Livonia for six (6) grave sites comprising Lot 3, Range 3, of Livonia Center Cemetery, the Council does hereby deter- mine to approve the recommendation contained in such communication, and the Department of Law is hereby requested to prepare the appropriate document of conveyance, approved as to form, and the Mayor and City Clerk are hereby authorized to execute the aforesaid document of conveyance for and on behalf of the City of Livonia, as well as to do all other things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES• Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #858-76 RESOLVED, that the Council does hereby request that the Planning Department submit its report and recommendation with regard to the propos- ed beautification of the Livonia Center Cemetery, and particularly in this regard as the same fronts on Farmington Road. The communication from the Mayor, dated September 16, 1976, as well as the communication from the Department of Law, dated September 30, 1976, with respect to the enactment of Public Act 225 of 1976 (Deferment of Special Assessments for Senior Citizens), was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Bennett, it was #859-76 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation, dated September 21, 1976, wherein it is recommended that the classification of Coordinator of Senior Citizens Activities be established as a permanent full time position, in the Parks and Recreation Department, the Council does hereby determine to refer the same to the Civil Service Commission for the purpose of taking such action as may be required in this regard to establish the said position in the manner indicated. 15887 A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Bennett and McCann. NAYS:* Bishop. The President declared the resolution adopted. * Councilman Bishop made the following statement: my 'nay' vote is not against the position, but reflects only the designation to Parks and Recreation Department.By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted #860-76 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation, dated September 21, 1976, wherein it is recommended that the classification of Coordinator of Senior Citizens Activities be established as a permanent full time position in the Parks and Recreation Department, the Council does hereby request that the Mayor meet with the City Council at a mutually convenient time for the purpose of discussing which department the said coordinator position would be assigned in the event the same were established on a full time basis. By Councilman Bishop, seconded by Councilman Brown, it was #861-76 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 20, 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 September 27, 1976, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to R.11 such matters, the Council does hereby, purusant tc Section 2-508 of said Code• (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of a 31 foot wide deep strength asphalt pavement with concrete curbs and gutters in the Schanhite's Marquette Manor Subdivision in the S. E. 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 assess- ment 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 July 20, 1976; (4) determine that the estimated cost of such improvement is $546,131.23, (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, 15888 (6) that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be $104,975.23 and that the balance of said cost and expense of said public improvement amounting to S441,156.00 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 interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessment shall be levied as follows: Lots 1 through 5, 10 through 47, 85, 86, 122, 123, 124, .144 through 149, 153 through 427, 458 through 475 of the Schanhite's Marquette Manor Subdivision, also Bureauof Taxation Parcel 25R1, in the S. E. 1/4 of Section 25, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan. (9) that the City Assessor is hereby directed to prepare a specia 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, (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of 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; and (11) further, the Council does hereby determine to authorize the City Engineer to prepare specifications and thereafter take competitive bids for the subject street improvement project, in accordance with provisions of law and City ordinance, and which bids shall be made subject to and conditioned upon ultimate approval and confirmation by the City Council of the proposed special assessment district. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Bishop, Bennett and. McCann. NAYS: None. 15889 By Councilman Brown, seconded by Councilman Bishop, it was #862-76 WHEREAS, it is necessary to locate, establish and construct certain drainage improvements to be known as Livonia Drain No. 49, to be located entirely within and to serve only areas located entirely within the limits of the City of Livonia, the location of said storm drain improvements being as follows. 1. Beginning at the intersection of Wadsworth and Cardwell Avenues and proceeding thence Northerly along Cardwell Avenue 1450 feet tc Grantland Avenue. 2. Beginning at the intersection of Wadsworthand. Cavell Avenues and proceeding thence Northerly along Cavell Avenue 1400 feet to Grantland Avenue. 3. Beginning at the intersection of Wadsworth and Arcola Avenues and proceeding thence Northerly along Arcola Avenue 1400 feet to Grantland. Avenue. 4. Beginning at a point on Cavell Avenue distant South, 360 feet from Wadsworth Avenue and proceeding thence Southerly along Cavell Avenue 350 feet. 5. Beginning at a point on Arcola Avenue distant South, 370 feet from Wadsworth Avenue and proceeding thence Southerly along Arcola Avenue 300 feet. AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drainage improvements are necessary for the public health of the City of Livonia, and the entire cost thereof, except that part representing benefits to State and County highways, should be assessed against the City of Livonia for public health, AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financ- ing the cost of said improvements where the same are necessary for the public health of the City and where the entire cost of the same is to be assessed wholly against public corporations, as defined in said. Chapter 20, NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to and approve the making of the provisions of Chapter 20 of Act 40, FUblic Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the storm drain improvements set forth in the preamble hereof, and does hereby consent to and approve the location, establishing, constructing and improving of the same pursuant to said. Chapter 20 of Act 40, PUblic Acts of Michigan, 1956, as amended. 2. the proposed storm drain improvements set forth in the preabble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing, constructing and improving of the same, as set forth in the pre;'i.le hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 195., as amended, which said petition, when signed shall be filed with the County Drain Commission of the County of Wayne, Michigan, together with a certified copy of this resolution. 15890 3. In the event the proposed improvements herein authorized to be petitioned for are for any reason not financed or constructed pursuant to the petition duly filed, the City of Livonia shall assume and pay all cost incurred by the statutory drainage board in acting upon said petition pursuant to the requirements of the law. 1+. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and they hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS. None. By Councilman Bishop, seconded by Councilman Brown, it was #863-76 RESOLVED, that having considered a communication dated. July 16, 1976 from the City Planning Commission which sets forth its Resolution 7-111-76 with regard to Petition 76-4-1-15 submitted by Greenfield. ConstruL. tion Company for a change of zoning on property located on the south side of Six Mile Road, west of Newburgh Road, in the N. E. 1/4 of Section 18, from R-9-I to R-3-B, and the Council having conducted a public hearing with regard to this matter on September 27, 1976, pursuant to Council Resolution 632-76, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 76-4-1-15 is hereby approved and granted; and the City Planner is hereby instructed to cause the neces- sary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law, and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Bishop, Bennett and. McCann. NAYS. None. By Councilman Nash, seconded by Councilman Bishop, it was #864-76 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 and R-7, and the Council having conducted a public hearing with regard to this matter on September 27, 1976, pursuant to Council Resolu- tion 665-76, the Council does hereby determine to refer this matter to a meeting of the Committee of the Whole to be conducted on November 9, 1976, at 8:30 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES Nash, Brown, Raymond, Bishop and. Bennett. NAYS McCann. The President declared the resolution adopted. 15891 By Councilman Raymond, seconded by Councilman Bishop, it was #865-76 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, pur- suant to Council Resolution No. 665-76, the Council does hereby determine to refer this matter to a meeting of the Committee of the Whole to be conducted on November 9, 1976, at 8 30 P. M. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond and. Bishop. NAYS Bennett and McCann. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Bishop, it was #866-76 RESOLVED, that having considered a c!ommunication 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 C-2 to RUF, and the Council having conducted a public hearing with regard to this matter on September 27, 1976, pursuant to Council Resolu- tion 665-76, the Council does hereby determine to refer this matter to a meeting of the Committee of the Whole to be conducted on November 9, 1976, at 8.30 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond and Bishop. NAYS. Bennett and. McCann. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #867-76 RESOLVED, that in accordance with Section 23.01(a) of the Livonia Zoning Ordinance, the Council does hereby determine on its own motion to refer to and request that the City Planning Commission conduct a Public Hearing on the question of whether or not an ordinance amendment should be adopted which provides that Dance Schools, Music Schools and. Instrumental Schools may be permitted as waiver uses in P.S. Zoning Districts. 15892 By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #868-76 RESOLVED, that having considered a communication dated May 25, 1976 from the City Planning Commission which sets forth its Resolution 5-65-76 with regard to Petition 76-3-1-8 submitted by Samuel and Dora Abdoo for a change of zoning on property located on the northeast corner of Farmington Road and Clarita in the Northwest 1/4 of Section 10, from P.S. to C-1, and the Council having conducted a public hearing with regard to this matter on August 23, 1976, pursuant to Council Resolution 486-76, the Council does hereby determine to refer this item back to the City Planning Commission for further consideration pending final disposition on the question of whether or not to amend the Zoning Ordinance so as to provide that Dance Schools, Music Schools and Instrumental Schools may be permitted as waiver uses in P.S. Zoning Districts. By Councilman Bennett, seconded by Councilman Nash, and unanimously adopted, it was #869-76 RESOLVED, that having considered a communication from the Human Relations Commission, dated September 27, 1976, which bears the signature of the Mayor, in regard to the Affirmative Action Plan adopted by the Civil Service Commission, the Council does hereby refer the aforesaid communication to the Civil Service Commission for further consideration. By Councilman Nash, seconded by Councilman Bishop, it was #870-76 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 15, 1976, and the report and recommendation from the Chief of Police, dated September 30, 1976, in connection therewith, the Council does hereby determine to recommend approval of the request from Chatham Supermarkets, Inc. for a new SDM License to be located at 37685 Five Mile Road, Livonia, Michigan, Wayne County;uand 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 Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS• None. By Councilman Raymond, seconded by Councilman Brown, it was #871-76 RESOLVED, that having considered a communication dated September 28, 1976 from the Department of Law transmitting for Council acceptance a Grant of Easement dated December 8, 1975 executed by the Schooleraft Community College District, a Quasi Corporation organized and existing uncle the Community College Act of the State of Michigan, by C. Nelson Grote, President, and W. Kenneth Lindner, Vice-President, conveying: 15893 A 20 foot wide permanent easement for water main purposes, being a part of the Northwest 1/4 of Section 7, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, the centerline of which easement is described as beginning at a point N. 88° 03' 18" E., 1,200.00 feet along the North Section Line, from the Northwest corner of said Section 7 and proceeding thence S. 1° 59' 52" E. , 950.00 feet, thence N. 88° 03' 18" E., 160.23 feet, thence S. 1° 59' 52" E., 552.40 feet, thence Southerly on a tangental curve concave to the left, Central Angle 21° 02' 22", Chord 82.16 feet, Radius 225.00 feet, Arc 82.62 feet, thence Southerly on a tangental curve concave to the right, Central Angle 21° 02' 22", Chord 82.16 feet, Radius 225.00 feet, Arc. 82.62 feet; thence S. 1° 59' 52" E., 788.76 feet; thence S. 43° 00' 08" W., 70.70 feet, thence S. 88° 03' 18" W. 242.00 feet to the point of termination of easement, except the northerly portion of above described property located on the Seven Mile Road (I-96) Right-of-way. (A part of W.C. Bureau of Taxation Parcel 07C2a1) (Purpose: Construction of water main) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do R.11 other things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES• Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Brown, it was 4872-76 RESOLVED, that having considered a communication dated October 5, 1976 from the Department of Law transmitting for Council acceptance two Grants of Easements more particularly described as: 1. Grant of Easement dated September 27, 1976 executed by Vacri Land Development Company, a Michigan Corporation, by Antonio DiFederico, President, and Gabriele Paciocco, Vice-President, conveying: The North 8 feet of Lot 109, .Francavilla Subdivision, as recorded in Liber 96, Pages 77, 78 and 79 of Plats, Wayne County Records. 15891+ 2. Grant of Easement dated September 27, 1976 executed by Vacri Land Development Company, a Michigan Corporation, by Antonio DiFrederico, President, and Gabriele Paciocco, Vice-President, conveying: Ihe South 1+ feet of Lot 110, F:rancavilla Subdivision, as recorded in Liber 96, Pages 77, 78 and 79 of Plats, Wayne County Records. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easements and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Bishop, and .unanimously adopted, it was #873-76 WHEREAS, pursuant to the direction of the City Council in its Resolution 706-76,adopted on August 25, 1976, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of October 5, 1976 an assessment roll dated October 1, 1976 for the installation of ornamental street lighting with underground wiring on Cavell Avenue, between Plymouth Road and West Chicago, in the N.E. 1/1+ of Section 36, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 706-76, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit. that the assess- ment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, December 13, 1976, at 8 00 P. M., to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard; 15895 L IT IS FURTHER RESOLVED, that the City Clerk be and, hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulat- ed, generally in and throughout the said. City, at least ten (10) days prior to the aforesaid date of December 13, 1976; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. Councilman Bishop gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 32 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. 76-2-1-7 FOR CHANGE OF ZONING FROM C-1 TO R-1. 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. LThe foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Brown 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. 76-3-1-9 FOR CHANGE OF ZONING FROM RUF TO R-1-B. 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 Bishop gave first reading to the following Ordinance: t t AN ORDINANCE AMENDING SECTION 13 OF THE $ ZONING MAP OF THE CITY OF LIVONIA AND imp AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANC E' BY ADDING SECTION 3. THERETO.RE: PETITION 76-4-1-13 FOR CHANGE OF ZONING FROM R-1 TO P.S. 15896 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 Bennett gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, ASAMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE. PETITION NO. 76-4-1-18 FOR CHANGE OF ZONING FROM P.L. TO R-9-III. 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 Brown gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICT,F 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. 75-11-1-29 FOR CHANGE OF ZONING FROM RUF AND P.S. TO R-9-I. 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 Raymond gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 1 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 Eby LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE• PETITION NO. 76-5-1-19 FOR CHANGE OF ZONING FROM RUF TO C-l. 15897 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 Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 18.29 AND 18.49 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE. " (Petition 76-2-6-1) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #874-76 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, December 13 1976, at 8.00 P. M., at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items (1) Petition No. 76-6-6-2 submitted by the City Planning Commission on its own motion to amend Section 23.07 of Ordinance No. 543, the Zoning Ordinance, so as to provide protest provisions consistent with State law, the City Planning Commission having in its Resolution 9-166-76 recommended to the City Council that Petition No. 76-6-6-2 be approved, (2) Petition No. 76-6-6-3 submitted by the City Planning Commission, pursuant to Council Resolution 344-76, to amend Section 18.58 of Ordinance No. 543, the Zoning Ordinance, with regard to the matter of con- ducting public hearings in connection with the waiver use, site plan and conditional use provisions, the City Planning Commission having in its Resolution 9-167-76 recommended to the City Council that Petition No. 76-6-6-3 be approved, 15898 (3) Petition No. 76-8-6-6 submitted by the City Planning Commission on its own motion to amend Section 2.08 of Ordinance No. 543, the Zoning Ordinance, so as to provide the definition of Ice Cream Parlor, the City Planning Commission having in its Resolution 9-168-76 recommended to the City Council that Petition No. 76-8-6-6 be approved, (4) Petition No. 76-8-6-7 submitted by the City Planning Commission to amend Section 10.02(b) of Ordinance No. 543, the Zoning Ordinance, so as to provide standards for determining use of bakeries, ice cream stores, etc. as restaurants in C-1 Zoning Districts, the City Planning Commission having in its Resolution 9-169-76 recommended to the City Council that Petition No. 76-8-6-7 be approved, (5) Petition No. 76-8-6-8 submitted by the City Planning Commission to amend Section 11.03(c) of Ordinance No. 543, the Zoning Ordinance, so as to more clearly define the term "restaurant" in C-2 Zoning Districts, the City Planning Commission having in its Resolution 9-170-76 recommended to the City Council that Petition No. 76-8-6-8 be approved, (6) Petition No. 76-8-6-9 submitted by the City Planning Commission, pursuant to Council Resolution 489-76, to amend paragraph (e) of Section 11.02 of Ordinance No. 543, the Zoning Ordinance, so as to include coin-operated amusement devices or pinball machines as accessory uses in bowling alleys, billiard parlors and poolhalls, the City Planning Commission having in its resolution 9-171-76 recommended to the City Council that Petition No. 76-8-6-9 be approved, and (7) Petition No. 76-8-6-10 submitted by the City Planning Commission, pursuant to Council Resolution 429-76, to amend Section 10.02 of Ordinance No. 543, the Zoning Ordinance, so as to delete S.D.D. Licenses from the C-1 Zoning District, and Sections 10.03 and 11.03 of Ordinance No. 543, the Zoning Ordinance, so as to add S.D.D. Licenses as Waiver Uses in C-1 and C-2 Zoning Districts, the City Planning Commission having in its Resolution 9-172-76 recommended to the City Council that Petition No. 76-8-6-10 be approved, further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, 15899 first to be published in the official newspaper of the City cz• a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each rail- road company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #875-76 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetings of the City Council for the month of November 1976• Wednesday, November 10, 1976 and Tuesday, November 23, 1976. By Councilman Raymond, seconded by Councilman Brown, and unanimously adopted, it was #876-76 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 Bishop, seconded by Councilman Bennett, it was #877-76 RESOLVED, that having considered a communication from the Mayor, dated October 4, 1976, with regard to the Community Development Program and some recommended changes for the Loan and Grant Manual, which are as follows (1) revision of the loan and grant schedule to reflect net income and not gross income, and (2) establishment of a 25% rule with regard to grant eligibility-- that applicants who presently pay in excess of 25% of their monthly income for housing expenses should not be loaned money for home repairs, the Council does hereby determine to concur in and approve of the afore- 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. A roll call vote was taken on the foregoing resolution with the following result AYES• Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS. None . 15900 On motion of Councilman Bishop, seconded by Councilman Raymond, and unanimously adopted, this 844th regular meeting of the Council of the City of Livonia was duly adjourned at 10:05 P. M., October 13, 1976. ( ADDISON CI C .