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Home My WebLink AboutCOUNCIL MINUTES 1978-07-26 17215 MINUTES OF THE EIGHT HUNDRED AND EIGHTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 26, 1978, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:00 P. M . Councilman Bishop 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 Peter A. Ventura. Absent: Robert D. Bennett. Elected and appointed officials present. Addison W Bacon, City Clerk; Frances S. Stem, Deputy City Clerk; Robert Turner, Police Chief, G. E. Siewert, City Engineer; James Inglis, Livonia Housing Director; John Nagy, City Planner; Gerald Taylor, Zoning Board of Appeals; John T. Dufour, Superintendent of Parks and Recreation; Ronald R Reinke, Asst. Supt Parks Cz Recreation; Jack Dodge, Director of Finance; Harry C. Tatigian, City Attorney, Chella Lewis, Ci it Service; Jerry Zimmer, Planning Commission. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #657-78 RESOLVED, that the minutes of the 886th Regular Meeting of the Council of the City of Livonia, held July 12, 1978, are hereby approved. By Councilman Raymond, seconded by Councilman Brown, and unanimously adopted, it was #658-78 RESOLVED, that the minutes of the 172nd Special Meeting of the Council of the City of Livonia, held July 24, 1978, are hereby approved. The following resolution was unanimously introduced, supported and adopted: #659-78 WHEREAS, after eight years of loyal and devoted service to the people of this community, Jerry H Brown is departing from the ranks of the Livonia City Council; and WHEREAS, during his tenure on the Council he has served as Chair- man of the Capital Improvement Committee, the Streets, Roads and Plats Committee, and as a member of the Water and Sewer Committee, the Legislative Committee and the Joint School Board/Council Committee; and in addition to his duties as a Councilman, he has rendered outstanding service to the community as a member of the Zoning Board of Appeals; and 17216 WHEREAS, in addition to his involvement in government he has participated in numerous community affairs and has been the recipient of many awards and citations in recognition of the faithful and diligent service he has performed to the community; and WHEREAS, during the course of his public service and participation in community affairs, Jerry H. Brown has given unstintingly of himself to promote the welfare of the public and has exhibited those qualities of intelligence, tenacity and integrity which best personify a dedicated public servant. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Livonia do hereby take this means to publicly commend and congratulate Jerry H. Brown for his years of devoted service to this City, to extend our best wishes for success in his future endeavors, and to express the sincere hope that he will remain in our midst for years to come as a friend, neighbor and counselor. The communication from the Department of Law dated July 7, 1978 with respect to Wayne County Circuit Court Civil Action No. 78-819605-CZ (Multi Media Center Corporation vs City of Livonia) was received and placed on file for the information of the Council. By Councilman Nash, seconded by Councilman Ventura, it was #660-78 RESOLVED, that having considered a communication from the Water and Sewer Board, dated June 21, 1978, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits its resolution WS 2273, the Council does hereby determine to accept the bid of General Electric Company, 22255 Greenfield, Southfield, Michigan 48075, for six Mobile Radio Units, Model MC55KAU88A, for a price of $1049.00 each, the same having been in fact the lowest bid received and meets all specifications; subject, however, to the bidder providing the City of Livonia with a letter for warranty of parts and labor for one year; further, the Council does hereby determine to reject the bid submitted by Motorola C. & E , 25901 W Ten Mile Road, Southfield, Michigan 48075, for two portable radio units inasmuch as they are alternates and do not meet specifications, and with respect to those items the Council authorizes the taking of new bids. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #661-78 RESOLVED, that having considered a communication from the Water and Sewer Board, dated June 21, 1978, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits its resolution WS 2272, the Council does hereby determine to accept the bid of Wolverine Ford Truck Sales, 3550 Wyoding Avenue, 17217 Dearborn, Michigan 48120, for supplying the City with the following items inasmuch as it is in fact the lowest bid received and meets all specifica- tions: (a) Supply the Water Department with one New Current Model (1979) Pick-up Truck F-150, 6050 GVW, Unit Price - $5352.00, less trade-in of $100 00, for a total price of $5252 00; and (b) Supply the Sewer Department with three (3) New Current Model (1979) Truck Panel-Van Body (Payload 1,350 lbs ) E100, Unit Price - $5322.00, less trade in for three vehicles of $235 00, for a total price of $15,731.00. TOTAL BID PRICE = $20,983.00 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, it was #662-78 RESOLVED, that having considered communications from the Director of Finance, dated June 26, 1978 and July 7, 1978, approved for submission by the Mayor, the Council does hereby determine to authorize the purchase of gasoline from Texaco, Inc. , at the following unit prices: a) Effective Less than 4,000 Gals. - .460/Gallon More than 4,000 Gals. - .408/Gallon Lead Free Less than 4,000 Gals. - 4925/Gallon Lead Free More than 4,000 Gals. - .4355/Gallon b) Effective June 1, 1978 Less than 4,000 Gals. - .468/Gallon More than 4,000 Gals. - 416/Gallon Lead Free Less than 4,000 Gals. - .5005/Gallon Lead. Free More than 4,000 Gals. - .4435/Gallon c) Effective June 16, 1978 Less than 4,000 Gals. - .476/Gallon More than 4,000 Gals. - .424/Gallon Lead. Free Less than 4,000 Gals. - .5085/Gallon Lead Free More than 4,000 Gals. - 4515/Gallon said prices being made in accordance with Federal Government Regulations; L further, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid com- munication; 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. 17218 A roll call vote was taken on the foregoing resolution with the following result' AYES: Bishop, Ventura, Nash, Brown, Raymond. and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Bishop, it was #663-78 RESOLVED, that having considered a communication from the Director of Finance, dated June 26, 1978, approved for submission by the Mayor, and to which is attached an annual membership dues notice from the National League of Cities, Invoice No. L 5523, in the amount of $2350.00 for the period August 1, 1978 through July 31, 1979, the Council does hereby determine to authorize payment of the same; 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: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was 064-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 14, 1978, which bears the signature of the Director of Finance, is approved, by the Director of Public Works and is approved for submission by the Mayor, with regard to a final invoice re- ceived from the Wayne County Road Commission with respect to the City's share in the cost for the acquisition of right-of-way on Five Mile Road between Merriman Road and Eckles Road in the amount of $1,223,545.92, and the Council having previously appropriated in this regard $1,085,000 00 for the same, the Council does hereby determine to appropriate the additional sum of $138,545.92 from the 9.8 Million Dollar General Obligation Street and Road 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: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #665-78 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated May 26, 1978, and which bears the signature of the Finance Director, is approved for sub- mission by the Mayor, and wherein a request is submitted for an appropria- tion sufficient to provide assistance to the Birmingham Task force for the period through December 30, 1978, in the amount of $1200 00, the Council does hereby determine to deny this request and to take no further action with respect to the same. A roll call vote was taken on the foregoing resolution with the following result: 17219 AYES. Bishop, Ventura, Nash, Raymond and McCann. NAYS: Brown. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bishop, it was #666-78 RESOLVED, that having considered a communication from the Director of Finance, dated June 21, 1978, approved for submission by the Mayor, and which transmits a bill for professional services submitted by Riley and Roumell, attorneys at law, 7th Floor, Ford Building, Detroit, Michigan 48226, for the period June 1, 1977 through April 30, 1978, in the amount of $53,695.00, the Council does hereby determine to authorize payment of the same and does for this purpose appropriate the sum of $53,695.00 to be transferred to Account No. 101-234-813 Professional Services, from Interest Revenue Account No 101-000-672, and the latter account is hereby increased by a like amount, 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: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #667-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 16, 1978, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, to which is attached a letter from the Engineer of Traffic and Safety for the Board of Wayne County Road Commissioners, dated June 13, 1978, in connection therewith, and having considered the necessity for the installation of traffic signal control devices to be located on Farmington Road at its intersections with Capitol Avenue and Awrey Drive, the Council does hereby authorize the installation of same; further, the Council having been advised that the estimated cost of the proposed traffic signal installations is $17,000.00, does hereby approve of the City assuming 50%o of the total actual cost of such installa- tions and for this purpose does hereby appropriate and authorize the expenditure of a sum not to exceed $8500.00 from the 7 9 Million Dollar General Obligation Street and Road Bond Issue; further, the Council does hereby agree to pay 50% of the future energy and maintenance costs of the aforesaid Traffic Control Signals, and the Board of Wayne County Road Commissioners is hereby requested to cause such Traffic Signals to be installed at the aforesaid locations in an expeditious manner, and the Mayor and City Clerk are hereby authorized to execute the attached agree- ment for and on behalf of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized to do all things necessary 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. 17220 AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann NAYS: None. By Councilman Bishop, seconded by Councilman Raymond, it was #668-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 16, 1978, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, and to which is attached a statement of account from the Michigan Department of State Highways and Transportation, Invoice No. 98304, with regard to guardrail modification work performed at three locations along Ann Arbor Road, pursuant to Council Resolution 366-76 adopted on April 28, 1976, the City's share in the final cost of which project is in the amount of $445.53, and the sum of $420.00 having previously been appropriated for the same, the Council does hereby determine to appropriate the additional sum of $25.53 from the Motor Vehicle Highway Fund Receipts (Major Road Account) for the purpose of making final payment; 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: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, it was #669-78 RESOLVED, that having considered a communication from the Superintendent of Public Service, dated July 11, 1978, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, the Council does hereby determine to authorize the transfer of $9000 00 from Account No. 101-447-207 (Salaries and Wages) to the following accounts: Account No. Description Amount Requested 101-447-709 Overtime $ 6,000.00 101-447-766 Tools & Supplies 1,000 00 101-447-982 Capital Outlay - Machinery & Equipment 2,000.00 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: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, and unanimously Ladopted, it was 17221 #670-78 RESOLVED, that having considered a letter dated July 8, 1978, from Donna Clare, 32459 Wisconsin, Livonia, Michigan 48150, requesting per- mission to close Wisconsin Street, between Ohio and Hubbard, on Saturday, August 19, 1978, from 2.00 P. M to 10:00 P. M for the purpose of conducting the Fourth Annual Wisconsin Block Party, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. By Councilman Bishop, seconded by Councilman Nash, and unanimously adopted, it was #671-78 RESOLVED, that having considered a letter dated July 10, 1978, from Faye A. Duckworth, 34731 Perth, Livonia, Michigan 48154, requesting permis- sion to close Perth Avenue at both of its entrances to Riverside Drive from 5:00 P. M. on Friday, September 1, 1978 to 1:00 A. M. on Saturday, September 2, 1978, for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. By Councilman Ventura, seconded by Councilman Raymond, it was #672-78 RESOLVED, that having considered a communication dated June 20, 1978 from the City Planning Commission which transmits its resolution 6-111-78 adopted on June 6, 1978 with regard to Petition 78-4-2-13, submitted by Albert J. Charlet requesting waiver use approval to operate a muffler, brakes, shocks and tire sales and installation business on property zoned C-2, located on the northwest corner of Plymouth Road and Camden in the Southwest 1/4 of Section 25, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 78-4-2-13 is hereby approved and granted, such approval to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission and on the basis of a revised site plan eliminating four parking spaces on Plymouth Road. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #673-78 RESOLVED, that having considered a communication dated July 6, 1978 from the City Planning Commission which transmits its resolution 6-125-78 adopted on June 20, 1978 with regard to Petition 78-5-2-15, submitted by Bi-Con Construction Company requesting waiver use approval to construct a day care center and buildings for general office use on property zoned P.S. located on the south side of Six Mile Road between Middlebelt Road and Oporto, in the Northeast 1/4 of Section 14, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 78-5-2-15 is hereby approved and granted, such approval to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: 17222 AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was #674-78 RESOLVED, that having considered a communication dated June 21, 1978 from the City Planning Commission which transmits its resolution 6-110-78 adopted on June 6, 1978 with regard to Petition 78-4-2-12 submitted by Arthur and Eugene Pulice requesting waiver use approval to construct a building for general office uses on property zoned P S located on the northeast corner of Five Mile Road and Loveland in the Southwest 1j4 of Section 15, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 78-4-2-12 is hereby approved and granted, such approval to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result; AYES: Bishop, Brown, Raymond and McCann. NAYS. Ventura and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Nash, it was #675-78 RESOLVED, that having considered a communication dated June 29, 1978 from the City Planning Commission which transmits its resolution 6-136-78 adopted on June 20, 1978, with regard to Petition 78-3-3-4, submitted by Plymouth Investment Company, a Michigan Limited Copartnership, requesting the vacating of that portion of Wayne Road located within the Fairway Subdivision on the south side of Eight Mile Road, west of Gill Road, in the Northwest 1/4 of Section 4, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition 78-3-3-4, 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: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS• None. By Councilman Ventura, seconded by Councilman Bishop, it was #676-78 RESOLVED, that having considered a communication dated June 22, 1978 from the City Planning Commission which transmits its resolution 6-113-78 adopted on June 6, 1978 with regard to Petition 78-5-3-5, lbw submitted by Mr and Mrs William J Schaffer requesting the vacating of an alley located east of Fremont between Dover and Grandon in the Southeast 1/4 of Section 35, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition 78-5-3-5, subject to the retention of a full-width easement, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. 17223 A roll call vote was taken on the foregoing resolution with the following result. AYES. Bishop, Ventura, Nash, Brown, Raymond and. McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Brown, and unanimously adopted, it was #677-78 RESOLVED, that having considered a communication from certain residents on Fitzgerald north of Seven Mile Road, dated June, 1978, with regard to a proposed street improvement, the Council does hereby determine to refer the same to the City Engineer for his report and recommendation. By Councilman Ventura, seconded by Councilman Bishop, it was #678-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 19, 1978, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the preliminary plat of Windridge Village Subdivision No. 2 situated in the S.E. 1/4 of Section 4, which was previously approved in Council Resolution 503-78 adopted on June 7, 1978, the Council does hereby determine to amend and revise Council Resolution 503-78 so as to require the proprietor of Windridge Village Subdivision No. 2 to make a cash payment in the amount of $32,800.00, said amount representing the estimated cost of a 1/2 width pavement adjoining the said subdivision, and which amount shall be placed in a separate escrow account to be used in conjunction with a future project for the permanent improvement of Gill Road between Seven Mile Road and Eight Mile Road, the action herein being taken for the reasons in- dicated in the aforesaid communication; and the balance of Council Resolu- tion 503-78 is to continue in full force and effect. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #679-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 19, 1978, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the preliminary plat of Windridge Village Subdivision No. 2 situated in the S.E 1/4 of Section 4, which was previously approved in Council Resolution 503-78 adopted on June 7, 1978, the Council does hereby request that the Engineering Division submit its report and recommendation regarding the future improvement of Gill Road between Seven and Eight Mile Roads and the financing of such an improvement pursuant to the establishment of a Special Assessment District for this purpose. By Councilman Ventura, seconded by Councilman Nash, it was 17224 #680-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 23, 1978, approved by the Director of Public Works, the City Attorney, and approved for submission by the Mayor, to which is attached a proposed multi-party agreement for the improvement of Hines Drive from Ford Road to Seven Mile Road, which improvement is to be financed at no cost to the City of Livonia, the Council does hereby authorize the Mayor and City Clerk to execute the said Agreement for and on behalf of the City of Livonia in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #681-78 RESOLVED, that having considered a communication from the City Engineer, dated June 28, 1978, approved by the Director of Public Works and approved for submission by the Mayor, concerning the installation of sidewalks on the east side of Levan between I-96 and Five Mile Road and on Lyndon and the North Service Drive immediately east of Levan, at the following locations: Work to be Constructed Parcel No. or Footage Required 20m161 400 s.f. (5' wide) 29Ela,Flala 4,122 s.f. (6' wide) 29D1a3,Elb,Flalb 2,283 s.f. (6' wide) 29G1a,G2a 2,165 s.f. (6' wide) 29G3a 1,574 s.f. (6' wide) 29G5a1,G6a 1,431 s.f (6' wide) 28J1,2,3,29H1,R,Sl,T,U1 16,629 s.f. (6' wide) 29c7b,8b,9b,10,11a 1,080 s.f. (6' wide) 29c8a1,9a1,9a2b 1,469 s.f. (6' wide) 29c9a2a1 810 s.f. (6' wide) 29C11b,12 1,080 s.f. (6' wide) 29013 1,800 s.f (6' wide) 29014 600 s.f. (6' wide) 29c15 600 s.f. (6' wide) 29c16,17a 1,190 s.f. (6' wide) 17225 Work to be Constructed Parcel No. or Footage Required 29c17b,18 720 s.f. (6' wide) 29c19 960 s.f. (6' wide) 29c20 720 s.f. (6' wide) 29a1 600 s.f. (6' wide) 29a2 to 6 3,185 s.f. (6' wide) 29M 1,114 s.f. (6' wide) 29J1d1 2,718 s.f. (6' wide) 29J1c1b,J1c2a 199 s.f (6' wide) 29J1cla 593 s.f. (6' wide) 29J1b1 780 s.f (6' wide) 29Jlala 990 s.f. (6' wide) 29J1,J2a 990 s.f. (6' wide) 2912-J8a 5,862 s.f. (6' wide) 2012b3a1 9,000 s.f. (5' wide) 20I2b2a 8,670 s.f. (5' wide) 20I2b2b 1,980 s.f. (6' wide) 2011a1 7,560 s.f. (6' wide) 20H1a3 700 s.f. (5' wide) 20J1a1 1,650 s.f. (5' wide) 20JOLAla 4,200 s.f. (6' wide) and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to above to construct and install sidewalks at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to the Livonia Code of Ordinances, as amended, Title 5, Chapter 1, Section 5-137; and. FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalks on or before September 1, 1978, after which date the Engineering Division shall arrange for the construction of the said sidewalks. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. 17226 By Councilman Nash, seconded by Councilman Brown, it was #682-78 WHEREAS, Act 40, Chapter 20, Section 478 of the Public Acts of the State of Michigan of 1956, as amended, provides the method and manner that the Blue Drain Enclosure Drainage Board may relinquish jurisdiction and control to a city of a drainage district and drain under their jurisdiction and control, upon which there is no outstanding indebtedness or contract liability and which district and drain is located within the boundaries of a city, and WHEREAS, it has been determined that there is no outstanding indebtedness or contract liability on the Blue Drain Enclosure Drainage District, located in the City of Livonia, and WHEREAS, this concurrence and resolution is necessary and in compliance of Act 40, Chapter 20, Section 478 of the Public Acts of the State of Michigan of 1956, as amended, and in the best interest of the public health, safety and welfare of the citizens of the City of Livonia, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia hereby requests and petitions the Blue Drain Enclosure Drainage Board to relinquish jurisdiction of the Blue Drain Enclosure to the City of Livonia and Blue Drain Enclosure Drainage District, and BE IT FURTHER RESOLVED, that the City Council of the City of Livonia on behalf of the City of Livonia, hereby agrees that upon transfer of said jurisdiction of the Blue Drain Enclosure Drainage District and Blue Drain Enclosure, it shall assume the maintenance, jurisdiction, control and operation of the Blue Drain Enclosure, and BE IT FURTHER RESOLVED, that this resolution be presented to CHARLES N. YOUNGBLOOD, Wayne County Drain Commissioner, and Chairman of the Blue Drain Enclosure Drainage Board for further action and considera- tion and for the return of any surplus monies in the drain fund of said drainage district, pursuant to the provisions of Section 478 of Chapter 20 of Act 40 of the Public Acts of the State of Michigan of 1956, as amended (M.S.A. 11.1478) (M.D L 1970, Sec. 280 478) A roll call vote was taken on the foregoing resolution with the following result AYES• Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, it was #683-78 WHEREAS, Act 40, Chapter 20, Section 478 of the Public Acts of the State of Michigan of 1956 as amended, provides the method and manner that Livonia Drain No 20 Branches Drainage Board may relinquish jurisdiction and control to a city of a drainage district and drain under their jurisdiction and control, upon which there is no outstanding indebtedness or contract liability and which district and drain is located within the boundaries of a city, and WHEREAS, it has been determined that there is no outstanding indebtedness or contract liability on the Livonia Drain No. 20 Branches Drainage District, located in the City of Livonia, and 17227 WHEREAS, this concurrence and resolution is necessary and in compliance of Act 40, Chapter 20, Section 478 of the Public Acts of the Imo State of Michigan of 1956 as amended, and in the best interest of the public health, safety and welfare of the citizens of the City of Livonia, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia hereby requests and petitions the Livonia Drain No. 20 Branches Drainage Board to relinquish jurisdiction of the Livonia Drain No. 20 Branches to the City of Livonia and Livonia Drain No 20 Branches Drainage District, and BE IT FURTHER RESOLVED, that the City Council of the City of Livonia on behalf of the City of Livonia, hereby agrees that upon transfer of said jurisdiction of the Livonia Drain No. 20 Branches Drainage District and Livonia Drain No. 20 Branches, it shall assume the maintenance, jurisdiction, control and operation of the Livonia Drain No. 20 Branches, and BE IT FURTHER RESOLVED, that this resolution be presented to CHARLES N. YOUNGBLOOD, Wayne County Drain Commissioner, and Chairman of the Livonia Drain No 20 Branches Drainage Board, for further action and consideration and for the return of any surplus monies in the drain fund of said drainage district, pursuant to the provisions of Section 478 of Chapter 20 of Act 40 of the Public Acts of the State of Michigan of 1956, as amended. (M S A. 11.1478) (M C.L. 1970, Sec. 280.478). A roll call vote was taken on the foregoing resolution with the following result• AYES• Bishop, Ventura, Nash, Brown, Raymond and McCann NAYS. None. By Councilman Ventura, seconded by Councilman Bishop, it was #684-78 RESOLVED, that having considered a communication from the Department of Assessment, dated July 10, 1978, approved for submission by the Mayor, with regard to a request from Mr. Terrence A O'Brien, O'Brien Builders, Inc., 14811 Maddelein, Detroit, Michigan 48205, and in accord- ance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division of Tax Item No. 46 093 99 0005 000 (24B2a) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly approve of dividing the same into four parcels, the legal descriptions of which shall read as follows. Parcel 1 Part of the N E 1/4 of Section 24, T 1 S , R 9 E. , City of Livonia, Wayne County, Michigan. Described as commencing at the N E corner of said Section 24, S. 89° 49' 00" W , 688.00 feet along the north line of said Section 24; thence S. 00° 19' 30" E , 240 00 feet to the point of beginning, thence continuing S 00° 19' 30" E , 60.00 feet; thence S 89° 49' 00" W , 137.58 feet; thence N 00° 24' 15" W , 60 00 feet; thence N 89° 49' 00" E , 137.67 feet to the point of beginning and contains 8,257 square feet or 0.190 acres. Subject to rights of way, easements and restrictions of record, if any 17228 Parcel 2 Part of the N E 1/4 of Section 24, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan. Described as commencing at the N E corner of said Section 24, S. 89° 49' 00" W , 688.00 feet along the north line of said Section 24, thence S 00° 19' 30" E , 300 00 feet to the point of beginning; thence continuing S 00° 19' 30" E. , 60 00 feet; thence S 89° 49' 00" W , 137.50 feet, thence N 00° 24' 15" W , 60.00 feet; thence N 89° 49' 00" E. , 137.58 feet to the point of beginning and contains 8,252 square feet or 0 189 acres. Subject to rights of way, easements and restrictions of record, if any. Parcel 3 Part of the N E 1/4 of Section 24, T 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan. Described as commencing at the N.E corner of said Section 24, S 89° 49' 00" W , 688 00 feet along the north line of said Section 24, thence S 00° 19' 30" E , 360 00 feet to the point of beginning; thence continuing S 00° 19' 30" E , 60 00 feet; thence S 89° 49' 00" W , 137.42 feet, thence N 00° 24' 15" W , 60 00 feet; thence N. 89° 49' 00" E. , 137.50 feet to the point of beginning and contains 8,248 square feet or 0.189 acres. Subject to rights of way, easements and restrictions of record, if any Parcel 4 Part of the N.E 1/4 of Section 24, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan. Described as commencing at the N E corner of said Section 24, S 89° 49' 00" W. , 688 00 feet along the north line of said Section 24; thence S 00° 19' 30" E , 420 00 feet to the point of begin- ning, thence continuing S 00° 19' 30" E , 240.00 feet, thence S 89° 49' 00" W , 137.09 feet, thence N. 00° 24' 15" W , 240.00 feet; thence N 89° 49' 00" E , 137 42 feet to the point of beginning and contains 32,941 square feet or 0 756 acres Subject to rights of way, easements and restrictions of record, if any. as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds A roll call vote was taken on the foregoing resolution with the following result AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was 17229 #685-78 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated July 10, 1978, approved for submission by the Mayor, with regard to a request from Mr. John Hacko, 30642 Puritan, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division of Tax Item No 46 054 01 0054 000 (14c54) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing the same into two parcels, the legal descriptions of which shall read as follows. Parcel 1 The South 148.68 ft. of Lot 54 of Bell Creek Estates, part of the N W. 1/4 of Section 14, T. 1 S , R. 9 E , Livonia Township (now City of Livonia), as recorded in L 67, P 33 of Plats, W.C.R Parcel 2 Lot 54, except the South 148.68 ft. thereof, Bell Creek Estates, part of the N W 1/4 of Section 14, T. 1 S , R 9 E , Livonia Township (now City of Livonia), as recorded in L 67, P 33 of Plats, W.C.R. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None By Councilman Nash, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the President of the Livonia Police Officers Association, dated July 5, 1978, wherein it is stated that certain police officers have been required to use personal guns in the course of their regular duties, the Council does hereby determine to refer this item to the next Study Session of the Council to be conducted on August 21, 1978. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Nash and Raymond. NAYS: Bishop, Brown and McCann. The President declared the resolution DENIED. The letter dated July 5, 1978 from the Livonia Police Officers Association, with respect to request for reimbursement for use of personal equipment, was received and placed on file for the information of the Council. 17230 Councilman Ventura made the following statement. Listening to the discussion we have heard this evening, I feel that there is a serious conflict between the Police Department and the L P 0 A and we should get to the bottom of it. As an elected official, representing the citizens of Livonia, it is our responsibility to get all the facts. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #686-78 RESOLVED, that having considered a communication from the Director of Civil Defense, dated June 12, 1978, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the proposed installation of warning sirens in Livonia, the Council does hereby determine to refer this item back to the Director of Civil Defense for a further report and recommendation relative to the availability of funds to provide the required financing for this project By Councilman Bishop, seconded by Councilman Brown, it was #687-78 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated June 26, 1978, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby authorize the purchase of Carhartt Uniforms for the Department of Public Works from Carhartt, Inc. , P 0. Box 600, Dearborn, Michigan 48121, on the basis of item, model, unit cost, number of units and total cost, as set forth in an attached communication dated June 21, 1978, and for an overall cost in the amount of $4978.50; 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, as amended. A roll call vote was taken on the foregoing resolution with the following result- AYES. Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. *Councilman Brown was excused at 8.46 P M By Councilman Ventura, seconded by Councilman Bishop, it was #688-78 RESOLVED, that having considered a communication from the Director of the Livonia Housing Commission, dated July 10, 1978, approved for sub- mission by the Mayor, to which is attached Livonia Housing Commission Resolution 11-78, wherein it is recommended that the Caretaker-Custodian pay scale at McNamara Towers be established as follows. Step 1 Step 1-1/2 Step 2 Step 3 Step 4 Step 5 $10,504.00 10,940.80 11,377.60 12,272 00 13,166.40 14,060.80 17231 and that the Livonia Housing Commission be authorized to employ a Caretaker-Custodian at Step 2 of the foregoing pay scale and extend comparable Civil Service benefits to this individual, the Council does determine to concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Raymond and McCann. NAYS: None. *Councilman Brown returned at 8:47 P M *Councilman Bishop was excused at 8:47 P. M By Councilman Ventura, seconded by Councilman Nash, it was #689-78 RESOLVED, that having considered a communication from the Director of the Livonia Housing Commission, dated July 10, 1978, which bears the signature of the Finance Director, is approved for submission by the Mayor, and to which is attached a proposed four month operational budget for the period ending November 30, 1978 for the Silver Village Housing Complex, the Council does hereby determine to approve the same and for this purpose to authorize the establishing of a separate special fund and revenue account; further, the Council does hereby approve and authorize the proposed rental rates of $170.00 for a one bedroom unit and $190.00 for a two bedroom unit, utilities excluded. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Nash, Brown, Raymond and McCann. NAYS: None. *Councilman Bishop returned at 8:4$ P M. By Councilman Ventura, seconded by Councilman Nash, it was #690.78 RESOLVED, that having considered a communication from Louis G Redstone Associates, Inc. , 28425 W. Eight Mile Road, Livonia, Michigan 48152, dated July 17, 1978, submitted in behalf of their client, Manufacturers Bank of Livonia, wherein a request is made for approval to erect a temporary structure to house a branch office of the bank to be located at Six Mile and Newburgh Roads, the Council does hereby determine to refer this item to the Committee of the Whole for further consideration; and the Council does hereby request that the City Planning Department and the Engineering Division submit their respective reports and recommendations concerning this matter. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. 17232 By Councilman Nash, seconded by Councilman Raymond, it was #691-78 RESOLVED, that having considered a communication from the Livonia Arts Commission, dated July 14, 1978, which bears the signature of the Director of Finance and is approved by the Mayor Pro Tem, and to which is attached a proposed Agreement between the City of Livonia and the Detroit Concert Band, Inc. for a performance which is scheduled to take place on August 27, 1978 at Ford Field, the Council does hereby authorize the Mayor and City Clerk to execute the said Agreement in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution, including the expenditure of funds which have been previously appropriated for this purpose in Council Resolution 366-78, adopted on April 19, 1978. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #692-78 RESOLVED, that having considered a communication from the City Treasurer, dated July 17, 1978, relative to 1978 Tax Statements, the Council does hereby determine to take this means to advise the Wayne County Bureau of Taxation that with respect to the preparation of the 1978 tax rolls and tax statements for the City of Livonia that the same shall not include the 1% collection fee on bills which are collectible commencing on and after December 1, 1978, and the City Assessor, the City Treasurer and the City Clerk are hereby requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Brown, seconded by Councilman Bishop, it was #693-78 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 183 for the street improvement consisting of a 32 foot wide full-depth asphalt pavement with concrete curbs and gutters on Deering Avenue between Seven Mile and Curtis Avenue in Section 12, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, July 10, 1978, at 8:00 P M at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the revised special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvement to be constructed in Special Assessment District No. 183; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments: NOW, THEREFORE, BE IT RESOLVED, THAT: 17233 (1) The City Council does hereby determine that the assessments set forth in said revised special assess- ment roll, dated July 6, 1978, in the amount of $176,838.84, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said revised special assessment roll No. 183 is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight per cent (8%) per annum on the unpaid balance of the assessment from the date of confirmation. Said interest shall be payable on each installment due date; provided, however, that after the issuance of bonds to be issued in anticipation of the collection of the un- paid assessments on the said revised special assessment roll, said rate of interest shall be adjusted to a rate which is not more than one per cent (1%) above the average rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first install ment shall be due and payable December 1, 1979, and subsequent installments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the revised special assessment roll, and the said revised special assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code Of Or- dinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may within sixty (60) days from December 1, 1979, pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1979 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1979, and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner pro- vided in Title 2, Chapter 5 of the Livonia Code of Or- dinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expira- tion of the sixty (60) day period as provided by 17234 Section 2-523, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; and (6) The City Council does hereby determine to pay a portion of the cost (28%) of the said improvement within the said district in the sum of $49,384.94. A roll call vote was taken on the foregoing resolution with the following result: AYES' Bishop, Ventura, Nash, Brown, Raymond and McCann NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was #694-78 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No 184 for the street improvement consisting of a 27 foot wide full-depth asphalt pave- ment with valley swales on Curtis Avenue between Melvin and the Coolidge Elementary School in Section 11, City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, July 10, 1978, at 8:00 P.M. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the revised special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvement to be constructed in Special Assessment District No. 184, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments: NOW, THEREFORE, BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assess- ments set forth in said revised special assessment roll, dated July 6, 1978, in the amount of $61,882.71, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said revised special assessment roll No. 184 is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight per cent (8%) per annum on the unpaid balance of the assessment from the date of confirmation Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds to be issued in anticipation of the collection of the unpaid assessments on the said revised special assessment roll, said rate of interest shall be adjusted to a rate which is not more than one per cent (1%) above the average 17235 rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars ($10 00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars (S10 00) as possible. The first install- ment shall be due and payable December 1, 1979, and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the revised special assessment roll, and the said revised special assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty (60) days from December 1, 1979, pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1979 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1979, and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; and (6) The City Council does hereby determine to pay a portion of the cost (approximately 27%) of the said improvement within the said district in the sum of $32,250.98. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None By Councilman Bishop, seconded by Councilman Brown, it was 17236 #695-78 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 185 for the street improvement consisting of a 27 foot wide deep-strength asphalt pavement with valley males on Doris Avenue between Seven Mile Road and Curtis Avenue in Section 11, City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, July 10, 1978, at 8:00 P.M. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having met and reviewed the special assessments levied on the revised special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvement to be constructed in Special Assessment District No 185, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments: NOW, THEREFORE, BE IT RESOLVED, THAT* (1) The City Council does hereby determine that the assess- ments set forth in said revised special assessment roll, dated July 6, 1978, in the amount of $126,975.81, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said improvements to include the construction of a boulevard; (2) Said revised Special Assessment Roll No 185 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight per cent (8%) per annum on the unapid balance of the assessment from the date of confirmation. Said interest shall be payable on each installment due date; provided, however, that after the issuance of bonds to be issued in anticipation of the collection of the unpaid assessments on the said revised special assess- ment roll, said rate of interest shall be adjusted to a rate which is not more than one per cent (1%) above the average rate of interest borne by said bonds. In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10 00) as possible. The first installment shall be due and payable December 1, 1979, and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the revised special assessment roll, and the said revised special assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as 17237 is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty (60) days from December 1, 1979, pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1979 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1979, and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; and (6) The City Council does hereby determine to pay a portion of the cost (15%) of the said improvement within the said district in the sum of $21,584 14. A roll call vote was thken on the foregoing resolution with the following result' AYES: Bishop, Ventura, Brown, Raymond and McCann. NAYS: Nash The President declared the resolution adopted By Councilman Nash, Seconded by Councilman Bishop, it was #696-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 6, 1978, which bears the signature of the Finance Director, approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Detroit Concrete Products, 44300 Grand River, Novi, Michigan, for the balance of the 1978 Miscellaneous Residential Street Paving Program ((A) Doris between Seven Mile and Curtis, (B) Curtis between Melvin and Coolidge Elementary School, and (C) Deering between Seven Mile and Curtis) for the estimated total cost of $561,539 05 based upon the Engineering Division's estimate of unit of work involved, and subject to a final payment based upon the actual units of work completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, further, the Council does hereby determine to appropriate as an advance a sum not to exceed $561,539.05 from either the $9.8 million or the $7.9 million Streets and Roads General Obligation Bond Issues for this purpose, with the provision that the same shall be reimbursed at such time as funds become 17238 available from proceeds of future special assessment districts, the Motor Vehicle Highway Fund, and Livonia Drain Bond Issues; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as required; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #697-78 RESOLVED, that having considered a communication dated April 27, 1978 from the City Planning Commission which sets forth its resolution 2-28-78 with regard to Petition 78-1-1-2, submitted by the City Planning Commission for a change of zoning on property located west of Farmington Road, south of Surrey Avenue in the Northeast 1/4 of Section 28, from P.L. to M-1, and the Council having conducted a public hearing with regard to this matter on July 10, 1978, pursuant to Council Resolution 481-78, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 78-1-1-2 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to 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, Ventura, Nash, Brown, Raymond and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Raymond, it was #698-78 RESOLVED, that having considered a communication dated April. 21, 1978, from the City Planning Commission which sets forth its resolution 4-61-78 with regard to Petition 78-2-1-12, submitted by Michael L and Janet T. O'Connor for a change of zoning on property located on the southeast corner of Eight Mile Road and Newburgh Road in the Northwest 1/4 of Section 5, from RUF to C-1, and the Council having conducted a public hearing with regard to this matter on July 10, 1978, pursuant to Council Resolution 481-78, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 78-2-1-12 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: 17239 AYES: Bishop, Ventura, Nash, Brown, Raymond and. McCann LNAYS: None. *Councilman Brown was excused at 8:55 P M. By Councilman Ventura, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication dated April 21, 1978, from the City Planning Commission which sets forth its resolution 4-63-78 with regard to Petition 78-3-1-14, submitted by Floyd A and Edith M. Balman for a change of zoning on property located on the south side of Pembroke between Angling Road and. Deering Avenue in the Southeast 1/4 of Section 1, from R-3 to R-1, and the Council having conducted a public hearing with regard to this matter on July 10, 1978, pursuant to Council Resolution 481-78, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 78-3-1-14 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 and McCann. L NAYS: Bishop, Nash and Raymond The President declared the resolution DENIED. At the direction of the Chair, Petition No 78-3-1-14 submitted by Floyd. A. and Edith M. Balman for change of zoning on property located on the south side of Pembroke between Angling Road and Deering Avenue in the Southeast 1/4 of Section 1, from R-3 to R-1, was removed to the next Study Session on August 21, 1978. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 2 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. L The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Raymond, it was 172+0 RESOLVED, that having considered a communication from the Mayor, dated May 5, 1978, with regard to the creation of a police reserve unit, in accordance with an attached proposed Reserve Police and Fire Fighters Ordinance, and given its first reading by Councilman Bishop on July 26, 1978, the Council does hereby determine to refer this item back to the Committee of the Whole for further consideration A roll call vote was taken on the foregoing resolution with the following result: AYES• Ventura and Raymond NAYS: Bishop, Nash and McCann. The President declared the resolution DENIED. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the Mayor, dated May 5, 1978, with regard to the creation of a police reserve unit, in accordance with an attached proposed Reserve Police and Fire Fighters Ordinance, and having been given its first reading by Councilman Bishop on July 26, 1978, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura and Raymond NAYS: Bishop, Nash and McCann The President declared the resolution DENIED. *Councilman Brown returned at 9 00 P M By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #699-78 RESOLVED, that having considered a communication from the Department of Law, dated July 7, 1978, which submits a proposed amendment to paragraph (t) of Section 6-166 of Chapter 1 (Traffic Ordinance) of Title 6 of the Livonia Code of Ordinances, as amended, the Council does hereby determine to refer this item to the Legislative Committee for its report and recommendation. By Councilman Nash, seconded by Councilman Brown, it was #700-78 RESOLVED, that Michigan National Bank of Detroit, be and hereby is appointed as Paying Agent in paying the principal and interest on $2,100,000 City of Livonia General Obligation Street and Highway Bonds, dtd 5/1/78 Tr #17-1596, in accordance with the terms thereof. RESOLVED FURTHER, that Michigan National Bank West Metro, Livonia, Michigan, at the option of the holder, be and hereby is appointed Co-Paying Agent with respect to the aforementioned bonds. 17241 RESOLVED FURTHER, that Michigan National Bank of Detroit receive as compensation for its services as Paying Agent, the following fees, payable with respect to each semi-annual maturity: Administrative Charges (semi-annual): 1200th of 1% ( .00005) of the aggregate principal sum of the bonds issued (maximum $375.00, minimum $25.00) plus $12.50 per Co-Paying Agent Payment of Interest $0 15 per coupons maturing ($20.00 minimum) Payment of Principal. $1 50 per bond maturing For services as Registrar and Transfer Agent: $0.50 per bond registered, transferred or released RESOLVED FURTHER, that all statements of account and, unless cremation has been authorized by separate Agreement, all cancelled obligations shall be forwarded by the Paying Agent to: City of Livonia 33001 Five Mile Road Livonia, Michigan 48154 Attn Addison W Bacon, City Clerk Telephone No. . GA 1-2000 A roll call vote was taken on the foregoing resolution with the following result AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Bishop, it was #701-78 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated June 30, 1978, approved for submission by the Mayor, which submits the following amounts received for the period December 1, 1977 through May 31, 1978, which have been previously deposited in the Historical Commission's Trust Fund: Admissions. $491.85 (1202 visitors paid plus 210 students and 450 scouts) Contributions $1,413 85 (A A U W , Rotary Anns, Stevenson High School Dance Marathon Profit) the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid monies in the manner herein described. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS. None 17242 Councilman Bishop gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 8 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO RE. PETITION 78-1-1-4 FOR CHANGE OF ZONING FROM R-3B AND R-4B TO P.L. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 17 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE PETITION 78-1-1-6 FOR CHANGE—OF ZONING FROM R-2-B TO P.L. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 8 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 78-1-1-5 FOR CHANGE OF ZONING FROM R-4B TO P.L. 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 L The above Ordinance was placed on the table for consideration at the next regular meeting of the Council 17243 Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 21 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 78-1-1-7 FOR CHANGE-0F ZONING FROM R-2 TO P.L. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 29 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 THEBETe. RE: PETITION 78-1-1-8 FOR CHANGE OF ZONING FROM M-1 TO M-2. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 8 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE. PETITION 78-2-1-11 FOR CHANGE OF ZONING FROM R-3B, R-4B AND P.L. TO R-4B AND P.L. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council 17244 Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 10 03 OF ARTICLE X OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition 78-2-6-5) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #702-78 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934; MCLA 125.584), as 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, September 11, 1978, at 8.00 P M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items. (1) Petition 78-5-1-24, submitted by Rest-in-the Son Inc. for a change of zoning of property located on the south side of Ann Arbor Trail, between Newburgh and Hix Roads, in the Northeast 1/4 of Section 31, from RUF and AG to R-7, the City Planning Commission having in its resolution 6-123-78 recommended to the City Council that Petition 78-5-1-24 be approved; (2) Petition 78-3-1-17, submitted by Richard M. Lewiston for a change of zoning of property located on the south side of Margareta Drive between Newburgh Road and the I-275 Freeway in the Northeast 1/4 of Section 7, from R-5 to R-3, the City Planning Commission having in its resolution 6-133-78 recommended to the City Council that Petition 78-3-1-17 be approved; (3) Petition 78-5-6-7, submitted by the City Planning Commission to amend Ordinance 543, the Zoning Ordinance of the City of Livonia, so as to establish regulations for the control of adult bookstores, signs and related material within the City of Livonia, the City Planning Commission having in its resolution 6-131-78 recommended to the City Council that Petition 78-5-6-7 be approved; 17245 (4) Petition 78-5-6-8, submitted by the City Planning Commission to amend Ordinance 543, the Zoning Ordinance of the City of Livonia, so as to amend Article XVIII - Supplementary Regu- lations - by adding new controls to the sign regulations in the R-8, R-9, P 0 , C-3 and C-4 Zoning Districts, the City Planning Commission having in its resolution 6-132-78 recommended to the City Council that Petition 78-5-6-8 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 first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia, as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each rail- road company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #703-78 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated July 13, 1978, submitted pursuant to Council Resolution 334-77, in connection with a communication from the Department of Law, dated March 4, 1977, regarding the proposed vacating of certain outlots in the Stark Gardens Subdivision, the Council does hereby determine to refer to the City Planning Commission the matter of the proposed vacating of Outlot "C" for action and recommendation in accordance with provisions of law and city ordinance. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #704-78 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated July 11, 1978, and submitted pursuant to Council Resolution 164-78, in connection with a communication from the Mayor, dated February 8, 1978, with regard to the compensation of Civil Service Commissioners, the Council does hereby determine to refer this item back to the Finance Committee for a new report and recommendation By Councilman Nash, seconded by Councilman Ventura, it was #705-78 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated July 11, 1978, and sub- mitted pursuant to Council Resolution 178-78, in connection with a communication from the Personnel Director, dated January 11, 1978, approved by the Finance Director and approved for submission by the Mayor Pro Tem, which transmits a resolution adopted by the Civil Service Commission on December 12, 1977, wherein it is recommended that the following classifications be made permanent with the salary ranges indicated: 17246 Step 1 Step 1-1/2 Step 2 Step 3 Step 4 Step 5 Site Manager $ 3.25 $ 3.35 $ 3 5o $ 3 65 $ 3.85 $ 4 10 Food Service Aide 2.65 2 75 2.90 3 05 3.25 3 5o Cook 4.00 4 10 4 25 4 4o 4 6o 4.85 Assistant Cook 3 00 3 10 3.25 3 40 3.60 3 85 the Council does hereby determine to concur in and approve of such action; provided, however, that the aforesaid positions shall not be made permanent Civil Service classifications, and, provided further, that upon termination of CETA funds, these positions shall be eliminated. A roll call vote was taken on the foregoing resolution with the following result AYES. Bishop, Ventura, Nash, Brown and McCann. NAYS. Raymond The President declared the resolution adopted By Councilman Nash, seconded by Councilman Bishop, it was #706-78 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated July 11, 1978, and submitted pursuant to Council Resolution 270-78, in connection with a communication from the City Clerk, dated March 15, 1978, which transmits an audit report prepared by Plante & Moran, Certified Public Accountants, which sets out a revenue summary, possible rent reductions and exterior repairs and improve- ments performed by Idyl Wyld Catering, Inc for the fiscal year ending July 31, 1977, in connection with the sublease agreement, as amended, between the City of Livonia and Idyl Wyld Catering, Inc. , the Council does hereby determine that the following adjustments to rental payments be made. (a) Credit of $2,500 00 for reconstruction of ground level restrooms, in accordance with Section 3.3 of Sublease Agreement; (b) Credit of $24,670.00 for construction of new Pro Shop building, the same to be credited in accordance with the provisions set forth in the Third Amendment to Sublease Agreement; and (c) Credit of $8,891 00 for exterior repairs and improvements, the same to be amortized over the duration of the balance of the initial term of Lease, however, deny the requested credit of $2,948 00 for awnings, (d) The balance due to the City of Livonia by the Sub-Lessee Idyl Wyld Catering, Inc. , as of July 1, 1977 is $19,029 10, subject to a final accounting by the Finance Director and the Director of Finance, 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. 17247 AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, it was #707-78 RESOLVED, that having considered a communication dated July 19, 1978 from the Department of Law transmitting for Council acceptance two Grants of Easements more particularly described as: 1. Grant of Easement dated June 2, 1978 executed by Donald Reardon and Priscilla Reardon, his wife conveying The South 6 ft of the following described parcel The South 65 feet of the North 130 feet of Lot 247 and the South 65 feet of the North 130 feet of the East 66 feet of 246, Supervisor's Livonia Plat No. 3, of part of the North 1/2 of the S W 1/4 of Section 13, T 1 S , R. 9 E , Livonia Township (now City of Livonia) Wayne County, Michigan, as recorded in Liber 66 of Plats, Page 16, Wayne County Records. 2. Grant of Easement dated July 10, 1978 executed by Julius J Zayti and Ingeborg C Zayti, his wife conveying: That part of the N.E 1/4 of Section 8, T 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the West line of Van (private) Road, 60 feet wide, distant S 89° 44' 10" W , 720.0 feet and S. 0° 17' 20" E , 1888 0 feet from the N E corner of said Section 8, proceeding thence S 0° 17' 20" E , along said West line, 30.0 feet; thence N 89° 44' 10" E , 30.0 feet; thence N 0° 17' 20" W. , 30.0 feet, thence S 89° 44' 10" W. , 30.0 feet to the point of beginning. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easements and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS• None By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #708-78 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. 17248 By Councilman Ventura, seconded by Councilman Bishop, it was #709-78 RESOLVED, that having considered a letter from Mr. and Mrs. Charles J Meshriy, 9024 Hubbard, Livonia, Michigan 48150, dated July 24, 1978 wherein a request is submitted for the use of six feet of a twelve foot easement in order to construct a garage on Lot 374 of Rosedale Meadows Subdivision No. 2, the Mayor and the City Clerk are hereby au- thorized for and on behalf of the City of Livonia to execute a Revocable License permitting the said encroachment in the manner indicated in the aforesaid communication; and the Department of Law is hereby requested to prepare the document required to implement the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was #710-78 RESOLVED, that having considered a communication from the Personnel Director, dated June 8, 1978, approved by the Finance Director and approved for submission by the Mayor, and which submits a resolution adopted by the Civil Service Commission on May 18, 1978 wherein it is recommended that the pay rates for certain summer Parks and Recreation classifications be revised it being understood that the rates represent full compensation with no other benefits provided, the Council does hereby determine to concur in and approve of such action; further, the Council does hereby authorize the transfer of $5,000.00 from the Recreation Account #698-702 and $5,000.00 from Account #698-750 to Swimming Pool Account #710-702. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. The following resolution was unanimously introduced, supported and adopted: #711-78 RESOLVED, that having considered a letter dated July 20, 1978 from Timothy E. Burch, 31324 Hillbrook. Livonia, Michigan, requesting per- mission to close Hillbrook from Bainbridge to the end of the Court, on August 13, 1978 from 12.00 noon until 12:00 midnight, for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval by the Police Department. By Councilman Nash, seconded by Councilman Bishop, it was #712-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 20, 1978, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby authorize final payment in the amount of $39,411.10 to Conco Midwest, Inc. , 1115 North Main Street, Racine, Wisconsin 53402, which sum includes the fg11 and complete balance due on a contract dated May 5, 1978 in the amount of $171,928.58, the actual contract amount completed to date being $211,339.68, 172+9 in connection with the 1978 Joint and Crack Sealing Program, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor's affidavit, maintenance and guarantee bond have been filed; and for this purpose, the Council does hereby appropriate and authorize the expenditure of the additional sum of $39,411.10 from Motor Vehicle Highway Fund Receipts (Major and Local Road Accounts); 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: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Nash, it was #713-78 RESOLVED, that having considered a communication from the Public Utility Manager and the Superintendent of Public Service, dated July 20, 1978, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, wherein it is recommended that the hot water heaters at the Devon Aire and the Eddie Edgar Ice Arenas be replaced for the estimated in place cost of $3700.00 each, the Council does hereby authorize the Public Utility Manager to advertise and take bids, in accordance with provisions of law and city ordinance, for the said two gas fired hot water heaters, the same to thereafter be submitted to Council for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS. None. By Councilman Brown, seconded by Councilman Bishop, it was #714-78 WHEREAS, CITY OF LIVONIA, MICHIGAN is a political subdivision within the State of Michigan with an official Emergency Preparedness Plan in compliance with Section 19 of the Emergency Preparedness Act, Act 390, Public Acts of 1976, WHEREAS, CITY OF LIVONIA sustained severe losses of major proportions brought on by the January, 1978 snow storm, resulting in the following conditions: Overtime incurred by D P W , major break-down of equipment and use of outside contractors for snow removal, WHEREAS, CITY COUNCIL certifies that the municipal Emergency Preparedness Plan was implemented at the onset of the disaster at 12 01 AM, January 26, 1978 to 12 Midnight, January 30, 1978, and all applicable disaster relief forces identified therein were exhausted, WHEREAS, as a direct result of the disaster, public damage and expenditures were extraordinary and place an unreasonably great financial burden on CITY OF LIVONIA, totaling $20,561+.00, 17250 NOW, THEREFORE, BE IT RESOLVED, THAT CITY COUNCIL requests the Governor authorize a grant to the CITY OF LIVONIA from the State Disaster Contingency Fund pursuant to Section 19, Act 390, Public Acts of 1976, FURTHERMORE, H. PATRICK O'NEILL is authorized to execute for and in behalf of CITY OF LIVONIA the application for financial assistance and to provide to the State any information required for that purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #715-78 RESOLVED, that having considered a communication dated May 18, 1978 from the City Planning Commission which sets forth its resolution 5-82-78 with regard to Petition 78-3-1-15, submitted by Dr. Alan R. Ettinger, for a change of zoning on property located on the southwest corner of Seven Mile Road and. Sunset in the Northwest 1/4 of Section 11, from R-1 to P.S , and the Council having conducted a public hearing with regard to this matter on July 24, 1978, pursuant to Council Resolution 530-78, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 78-3-1-15 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. 5L3, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #716-78 RESOLVED, that having considered a communication dated May 19, 1978 from the City Planning Commission which sets forth its resolution 5-86-78 with regard to Petition 78-3-1-19, submitted by Neboll and Shirley Appicelli for a change of zoning on property located on the northwest corner of Puritan Avenue and. Middlebelt Road in the Northeast 1/4 of Section 14, from RUF to P.S, and the Council having conducted a public hearing with regard to this matter on July 24, 1978, pursuant to Council Resolution 530-78, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 78-3-1-19 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. 17251 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #717-78 RESOLVED, that having considered a communication dated May 19, 1978 from the City Planning Commission which sets forth its resolution 5-89-78 with regard to Petition 78-4-1-22, submitted by Caar..nceR Charest for a change of zoning on property located on the northeast corner of the I-96 Service Drive and Stamford Avenue in the Southeast 1/4 of Section 21, from R-2 to P.S. , and the Council having conducted a public hearing with regard to this matter on July 24, 1978, pursuant to Council Resolution 530-78, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 78-4-1-22 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, Ventura, Nash, Brown and Raymond. NAYS: McCann. The President declared the resolution adopted. *Councilman Ventura and Councilman McCann were excused at 9:29 P. M By Councilman Nash, seconded by Councilman Bishop, it was #718-78 RESOLVED, that having considered a communication dated May 12, 1978 from the City Planning Commission which sets forth its resolution 5-82-78 with regard to Petition 78-4-2-10, submitted by Fred J Armour requesting waiver use approval to construct a restaurant on property zoned C-2 and located on the west side of Merriman Road, north of Plymouth Road, in the Southeast 1/4 of Section 27, and the Council having conducted a public hearing with regard to this matter on July 24, 1978, pursuant to Council Resolution 525-78, the Council does hereby reject the recommenda- tion of the City Planning Commission and said Petition 78-4-2-10 is hereby approved and granted, the Council having determined as a matter of fact that the petitioner has complied with the requirements of the C-2 zoning classification and the standards set forth in Section 19.06 of the Zoning Ordinance and the approval herein granted is made subject to and conditioned upon the site plan of the subject use being approved by the staff of the City Planning Department. 17252 A roll call vote was taken on the foregoing resolution with the following result AYES. Bishop, Nash, Brown and Raymond NAYS: None. On the motion of Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, this 887th Regular Meeting of the Council of the City of Livonia was duly adjourned at approximately 9 30 P M , July 26, 1978. ADDISON 146 :70N, C TY CLERK