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HomeMy WebLinkAboutCOUNCIL MINUTES 1978-09-13 17309 MINUTES OF THE EIGHT HUNDRED AND NINETIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 13, 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 8.06 P. M. . Councilman Taylor delivered the invoca- tion. Roll was called with the following result: Present--Robert E. McCann, Robert F. Nash, Gerald D. Taylor, Jerry Raymond, Robert D. Bennett, Robert R. Bishop and Peter A. Ventura. Absent--None. Elected and appointed officials present : Harry C. Tatigian, City Attorney, Frances S. Stem, Deputy City Clerk, Robert Osborn, Director of Public Works H. Patrick O'Neill, Director of Civil Defense, John Nagy, City Planner, Jack Dodge, Director of Finance, Daniel Gilmartin, Industrial Coordinator; Richard 0. Jones, Public Utilities Manager, Gary Clerk, Assistant City Engineer; Russell Gronevelt, Superintendent of Public Service, John T. Dufour, Superintendent of Parks and Recreation; Joseph Falk, Planning Commission, and Michael Reiser of the Water and Sewer Board. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was 4802-78 RESOLVED, that the minutes of the 889th Regular Meeting of the Council of the City of Livonia, held August 30, 1978, are hereby approved, as corrected, such correction being made in paragraphs 4 and 6 in Council Resolution No. 790-78, which resolution referred the improvement of Surrey Avenue and Graytona Avenue, in the N. E. 1/4 of Section 28, to the City Assessor for the preparation of the Assessment Roll for the said improvement, such paragraphs being corrected to read as follows: 4) determine that the estimated cost of such improvement is $96,999.00; 6) that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be $32,390.25 and that the balance of said cost and expense of said public improvement amounting to $64,608.75 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; 17310 The communication dated August 29, 1978 from the Department of Law Lregarding the cancellation of certain 1972 Personal Property Taxes (CR-450-78), was received and filed for the information of the Council. The communication from the Department of Law, dated August 30, 1978, with regard to Wayne County Circuit Court Civil Action No. 76-610-599-AW (J. P. Properties vs City of Livonia) was received and filed for the information of the Council. The communication dated August 30, 1978 from the Department of Law, with regard to the Coalition for Block Grant Compliance, et al v Hud, et al; United States District Court for the Eastern District of Michigan, Southern Division, Civil Action No. 770503, was received and filed for the information of the Council. The communication dated August 18, 1978 from the Director of Finance, transmitting various financial statements for the month ending July 31, 1978, was Lreceived and filed for the information of the Council. Councilman Nash took from the table, for second reading and adoption, the following Ordinance • AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition No. 78-3-3-4) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition No 78-5-3-5) 17311 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Nash took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 28 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AC AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO RE PETITION NO. 78-1-1-2 FOR CHANGE OF ZONING FROM P.L. TO M-1. A roll call vote was taken on the foregoing Ordinance with the following result; AYES: Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 5 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE: PETITION NO. 78-2-1-12 FOR CHANGE OF ZONING FROM RUF to C-1. A roll call vote was taken on the foregoing Ordinance with the following result AYES. Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 17312 Councilman Nash took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE• PETITION NO. 78-3-1-15 FOR CHANGE OF ZONING FROM R-1 TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, Ventura, Nash and McCann. NAYS: Taylor, Bennett and Bishop. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 14 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. ?HERETO. RE. PETITION NO. 78-3-1-19 for change of zoning from RUF to P.S. A roll call vote was taken on the foregoing Ordinance with the following result : AYES: Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman. Bennett took from the table, for second reading and adoption, 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 NO. 78-4-1-22 FOR CHANGE OF ZONING FROM R-2 TO P.S. 17313 A roll call vote was taken on the foregoing resolution with the following result: AYES. Taylor, Raymond, Bennett, Bishop, Ventura and Nash. NAYS: McCann. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Nash, seconded by Councilman Bennett, it was 4803-78 RESOLVED, that having considered a communication from the Zoning Board of Appeals, dated August 24, 1978, approved by the Director of Finance, the Council does hereby determine to authorize the transfer of the sum of $200.00 from the Travel and Education Ac- count, No. 101-815-864.016.000, to the Office Supplies Account, No. 101-815-718.000.000, 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: Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS. None. By Councilman Bishop, seconded by Councilman Raymond, it was 4804-78 RESOLVED, that having considered a communication from the Superintendent of Public Service, dated August 21, 1978, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to authorize the transfer of funds in the amounts and in the manner indicated below. Account No. Description Amount From 101-704-702 Parks - Salaries and Wages $10,000.00 To: 101-704-709 Parks - Overtime 8,000.00 1c1-704-776 Parks - Maintenance Supplies 2,000.00 From. 101-697-702 Golf Course - Salaries and Wages 3,000.00 To: 101-697-781 Repair Farts 3,000.00 From 101-444-702 Administrative Salaries and Wages 26,000.00 To: 101-446-778 Equipment Maintenance Materials 26,0c0.49 From: 101-446-702 Equipment Maintenance Salaries & Wages 7,000.00 To. 101-1146-709 Equipment Maintenance Overtime 7,000.00 the action taken herein being taken for the reasons indicated, in the aforesaid communication. 17314 A roll call vote was taken on the foregoing resolution with the following result. AYES: Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS. None. By Councilman Taylor, seconded by Councilman Raymond, it was #805-78 RESOLVED, that having considered a communication from the Livonia Arts Commission, dated August 15, 1978, approved, by the Director of Finance and approved for submission by the Mayor,_ the Council does hereby authorize the transfer of the sum of $466 96 from the Community Promotion Account, No. 101-739-882.010, to the Office Supplies Account, No. 101-739-728.000, 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: Taylor, Raymond, Bennett, Bishop, Ventura, Nash and. McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Nash, it was #806-78 RESOLVED, that having considered a communication from the Director of Finance, dated August 9, 1978,approved for submission by the Mayor, which snmmarizes the funds required to implement the police and fire contract awards for the 1976-77 and 1977-78 fiscal years, and other salary increases, the Council does hereby determine to appropriate and authorize the transfer of the sum of $796,138 from the Unexpended Fund Balance Account, of which $723,423 shall be allocated to the accounts and in the amounts as indicated in the attachment to the aforesaid communication, with the remaining $72,716 to be reflected as an addition to Account No. 101-907-962.010 for the purpose of making prior year adjustments. A roll call vote was taken on the foregoing resolution with the following result: AYES. Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Bishop, it was WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "industrial develop- ment districts" within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 38.64 acres lying in the S. W. 1/4 of Section 25,as more particularly described in the attachment to the application which is hereby incorporated by reference and hereinafter referred to as "Proposed City of Livonia Industrial Development District No. ". (Parcel 1 and Parcel 2), 17315 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows. 1. The City Clerk is directed to give written notice by certified mail of this action t9 all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No. 2. This City Council sets Monday, October 23, 1978, at 8.00 P. M. as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Develop- ment District described above. 3. This City Council directs the City Clerk to provide, notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be affordedal opportunity to be heard on the question of establishing the Industrial Development District described above. By Councilman Raymond, seconded by Councilman Taylor, it was #807-78 RESOLVED, that having considered a communication from the Cadillac Motor Car Division, dated August 21, 1978, which submits an application proposing the establishment of an Industrial Development District on certain property located in Section 25, being 38.64 acres in size, in the City of Livonia, Michigan, in accordance with the provisions set forth in 1974 PA 198, as amended, the Council does here- by determine to refer the same to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Raymond, Bennett, Bishop and McCann. NAYS: Ventura and Nash. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Raymond, it was WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 0.3206 acres lying in the S.W. 1/4 of Section 27, as more particularly described in the attachment to the application which is hereby incorporated by reference and hereinafter referred to as "Fropci: tCity rIndustrial of Development District No. Lot 10, Livonia Park Subdivision No. 1), NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 17316 1. The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No. 2. This City Council sets Monday, October 23, 1978, at 8 00 P. M. as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Develop- ment District described above. 3. This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above. By Councilman Raymond, seconded by Councilman Bishop, it was 4808-78 RESOLVED, that having considered a communication from Dave Demarest and Company, 32850 Capitol Avenue, Livonia, Michigan 48150, dated August 11, 1978, which submits an application proposing the establishment of an Industrial Development District on certain property located in Section 27, being 0.3206 acres in size, in the City of Livonia, Michigan, in accordance with the provisions set forth in 1974 PA 198, as amended, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result AYES. Taylor, Raymond, Bennett, Bishop and McCann. NAYS: Ventura and Nash. The President declared the resolution adopted. At the direction of the Chair, the item on the agenda with regard to the application of the Encore Restaurant of Wonderland, Inc., for a New Dance Permit to be held in conjunction with their 1978 Class C Licensed business at 29703 West Seven Mile Road, was removed from this agenda and to be placed on a future agenda for consideration at such time as reports are received from the Police and Fire Departments with regard to same. The communication from the CETA Program Administrator, dated August 10, 1978, transmitting copies of the June 30, 1978 federally required Quarterly Reports relative to the City of Livonia CETA Program, was received and filed for the informa tion of the Council. 17317 By Councilman Bishop, seconded by Councilman Bennett, it was #809-78 RESOLVED, that having considered a communication dated August 21, 1978 from the Mayor, and a communication dated September 6, 1978 from the Director of the Housing Commission, wherein it is recom- mended that the regulations governing the occupancy of Silver Village be amended so as to allow occupancy by parents of Livonia residents, the Council does hereby determine to refer this item to the Legisla- tive Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Raymond, Bennett, Bishop, Ventura and McCann. NAYS Nash. The President declared the resolution adopted, By Councilman Ventura, seconded by Councilman Bishop, it was #810-78 RESOLVED, that having considered a communication from the Mayor, dated August 21, 1978, to which is attached a proposed ordi- nance which would provide certain insurance requirements governing new home structural defects, 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 Taylor, Raymond, Bennett, Bishop, Ventura and McCann NAYS Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #811-78 RESOLVED, that having considered Petition 78-9-3-12, submit- ted by Estate Builders, Inc. , 755 West Big Beaver Road, Suite 407, Troy, Michigan 18084, dated July 10, 1978, wherein a request is made for the vacating of a portion of a certain easement located on Lot 22 in the Stoneleigh Village Subdivision in Section 21, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of Law and City Ordinance. By Councilman Ventura, seconded by Councilman Bishop, it was 4812-78 RESOLVED, that having considered a communication from the City Engineer and the Superintendent of Public Service, dated August 15, 1978, which bears the signature of the Finance Director, is 17318 approved by the Department of Law and the Director of Public Works and is approved for submission by the Mayor, to which is attached a proposed agreement between the Michigan State Highway Commission and the City of Livonia, the purpose of which is to establish a safety program to upgrade traffic control signs and, remove roadside obstacles, the total cost of which program is estimated to be in the amount of $121,530 $4, with the City's share being $36,459.28 (approximately 30%), the Council does hereby authorize the Mayor and City Clerk to execute the said agreement with the Michigan State Highway Commission for and on tehalf of the City of Livonia in the manner and, form attached ti4 the aforesaid communication, further, the Council does hereby aporopriate and authorize the expenditure of a sum not to exceed 1'j15,459.28 from the 7.9 Million Dollar General Obligation Road Improipinent Bond Issue to cover the City's share of this program; and the a`uncil does hereby approve the following Grant Budget Expenditures Amount Salaries $ 49,555.00 Benefits 12,388.74 Materials 42,600.00 Professional Services 5,787 10 Capital Outlay 11,200.00 $121,530.84 Capital Outlay Includes Pick-up Truck Portable Two-Way Radio $ 6,500.00 1,500.00 Four (4) D.M.I. Adapters, $300. ea. 1,200.00 54" Sheet Metal Shear 2,000.00 $ 11,200 00 and the Council does hereby authorize the Department of Public Works to do all things necessary to complete the work required in connection with the Grant, and, the City Clerk and City Treasurer are hereby re- quested to do all things necessary or incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #813-78 RESOLVED, that having considered a communication from the City Engineer, dated August 17, 1978, approved by the Director of PUblic Works and approved for submission by the Mayor, to which are attached requests for payment No. 16 from R. E Dailey & Company, Construction Manager for the Civic Center Municipal Building, dated July 17, 1978, July 31, 1978 and August 15, 1978, which are as follows . 17319 Construction Management Fee $ 6,934.57 Reimbursables (June, 1978) 3,501.74 Reimbursables (July, 1978) 13,902.46 Total $ 24,338.77 the Council does hereby authorize the payment of the aforesaid amount to R. E. Dailey & Company, as submitted, 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- Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was 4814-78 RESOLVED, that having considered the report and recommenda- tion of the City Engineer, dated August 16, 1978, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Dembs Roth Construc- tion, 17220 West Twelve Mile Road, Southfield, Michigan 48076, proprietor of the Louis Nelson Industrial Subdivision, situated in the N. W. 1/4 of Section 28, the financial assurances previously deposited with respect to General Improvements, deposited pursuant to Council Resolution 575-77 adopted on June 15, 1977, as thereafter amended by Council Resolution 1141-77 adopted on December 21, 1977, to guaranty the satisfactory installation of improvements in the Louis Nelson Industrial Subdivision, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily install- ed in accordance with the rules and regulations and ordinances of the City of Livonia; 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 Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Nash, and unanimously adopted, it was 4815-78 RESOLVED, that having considered a communication from the Planning Director, dated August 28, 1978, to which is attached a letter from Dembs Roth Construction, 17220 West Twelve Mile Road, Southfield, Michigan 48076, dated August 15, 1977, wherein a request is made for the vacating of a 12' easement located on Lot 10 of the Julaur Industrial Subdivision, the Council does hereby determine to refer the same to the City Planning Commission for action and recom- mendation in accordance with provisions of Law and City Ordinance. 17320 By Councilman Nash, seconded by Councilman Taylor, it was Ibm #816-78 RESOLVED, that having considered a communication from the Director of Finance, dated August 9, 1978, approved for submission by the Mayor, to which is attached an analysis of general fund revenues for the period through November 30, 1978, the Council does hereby determine to authorize the adjustment in Revenue Accounts by an increase in the amount of $870,800 in the amounts and in the manner indicated in the attachment to the aforesaid communication and to thereafter authorize the transfer of the sum of $870,800 from the aforesaid revenue accounts to the Unexpended Fund Balance Account. A roll call vote was taken on the foregoing resolution with the following result AYES. Taylor, Raymond, Bennett, Bishop, Ventura, Nash and. McCann. NAYS None. The communication dated August 28, 1978, from the State of Michigan Department of Public Health, with respect to the designation of a City Vital Statistics Registrar, was received and filed for the information of the Council. By Councilman Taylor, seconded by Councilman Bennett, it was #817-78 RESOLVED, that having considered a communication from the Department of Assessment, dated August 31, 1978, approved for submissioi by the Mayor, with regard to a request from Mr. and Mrs. Edward H. Dietrich, 31627 Norfolk, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the City of Livonia Zoning Ordinance, the Council does hereby determine to deny the request for dividing Tax Parcel 46 069 99 0014 000 (03Allbla) into three parcels since the same would be in violation of the City's Zoning Ordinance and law. A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Raymond, Bennett, Bishop, Ventura and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was 4818-78 RESOLVED, that having considered a communication from the Mayor, dated August 29, 1978, wherein it is indicated that the Mayor has appointed G. E. Siemert, City Engineer, as the City's delegate to the Rouge Watershed Council, with R4u1 A. Galindo, Engineer of Design, being designated as alternate delegate, the Council does hereby deter- mine to concur in and approve of such action. 17321 By Councilman Nash, seconded by Councilman Ventura, it was #819-78 RESOLVED, that having considered a communication from the Department of Law, dated September 6, 1978, transmitting for Council acceptance two Grants of Easements more particularly described as: 1. Grant of Easement dated August 23, 1978 executed by Emil O. Zabell and David G. Ruth, Trustees of Christ our Savior Lutheran Church for a water main conveying The North 20 feet of the South 140 feet of the East 270 feet of the following described parcel of land. That part of the S. E. 1/4 of Section 21, T. 1 S., R. 9 E City of Livonia, Wayne County, Michigan, described as beginning at a point distant N 01° 10' 50" W , along the East line of said Section 21, 993.95 feet and S. 89°35'13" W., 60.0 feet from the S.E. corner of Section 21, proceeding thence S. 89° 35' 13" W. , 599.43 feet, thence N. 0°15'40" W., 330.09 feet, thence N. 89° 35' 13" E. , 599.90 feet,thence S. 01° 10' 50" E., along the West line of Farmington Road (120 feet wide) 330.08 feet to the point of beginning. (Bureau of Taxation parcel 21GG1). 2. Grant of Easement dated August 23, 1978 executed by Pmil O. Zabell and David G. Ruth, Trustees of Christ Cur Savior Lutheran Church for a sanitary sewer conveying The West 20 feet of the East 320 feet of the South 30 feet of the following described parcel of land That part of the S. E. 1/4 of Section 21, T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan, described as begin- ning at a point distant N. 01°10'50" W. , along the East line of said Section 21, 993.95 feet and S. 89°35'13" W. , 60.0 feet from the S.E. corner of Section 21, proceeding thence S. 89°35'13" W., 599.43 feet, thence N. 0° 15' 40" W. , 330.09 feet, thence N 89°35'13" E. , 599.90 feet, thence S. 01°10' 50" E. , along the West line of Farmington Road (120 feet wide) 330.08 feet to the point of beginning. (Bureau of Taxation parcel 21GG1) 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 Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. Ga. NAYS. None. 17322 By Councilman Nash, seconded by Councilman Ventura, it was lis #820-78 RESOLVED, that having considered a communication dated September 5, 1978 from the Department of Law transmitting for Council acceptance six Grants of Easements more particularly described as 1. Grant of Easement dated May 2, 1978 executed by Harold J. Kelso and Lillian I. Kelso, his wife, conveying- The South 30 feet of Lot 209, Supervisor's Livonia Plat No. 2, as recorded in Liber 66, Page 1, Wayne County Records, said plat being of the South 5/8 of the N.E. 1/4 and the East 1/2 of the North 3/8 of the N.E. 1/4 of Section 33, T. 1 S., R. 9 E., Livonia Twp. (now City of Livonia), Wayne County, Michigan 2. Grant of Easement dated August 4, 1978 executed by Carl E. Wright and Elsie M. Wright, his wife and Herrel F. Sutton and Marilyn Sutton, his wife conveying. The South 30 feet of Lot 211, except the West 117 feet of the North 560 feet thereof, also execppt the East 30 feet of the West 147 feet of the North 450 feet thereof, Supervisor's Livonia Plat No. 2, as recorded in Liber 66, Page 1, Wayne County Records, said plat being of the South 5/8 of the N.E. 1/4 and the East 1/2 of the North 3/8 of the Imo N. E. 1/4 of Section 33, T. 1 S , R. 9 E. , Livonia Twp. (now City of Livonia), Wayne County, Michigan 3. Grant of Easement dated May 4, 1978 executed by Mike Rinaldi, Treasurer of the Rouge Employees Credit Union conveying The South 30 feet of Lot 208, except the North 27 feet there- of, Supervisor's Livonia Plat No. 2, as recorded in Liber 66, Page 1, Wayne County Records, said plat being of the South 5/8 of the N.E. 1/4 and the East 1/2 of the North 3/8 of the N.E 1/4 of Section 33, T. 1 S., R 9 E., Livonia Twp. (now City of Livonia), Wayne County, Michigan. 4. Grant of Easement dated June 6, 1978 executed by A. Winkel, President of the Woodland Lanes Bowling Alley conveying. The South 30 feet of Lot 210, Supervisor's Livonia Plat No. 2, as recorded in Liber 66, Page 1, Wayne County Records, said plat being of the South 5/8 of the N E 1/4 and the East 1/2 of the North 3/8 of the N E. 1/4 of Section 33, T 1 S., R. 9 E., Livonia Twp. (now City of Livonia), Wayne County, Michigan. 5. Grant of Easement dated June 15, 1978 executed by Doyle P. Tippett, President of the Macati Investment Company, Inc. conveying• 17323 The South 30 feet of Lots 202, 203, 204 and 205, except the North 427 feet thereof, Supervisor's Livonia Plat No. 2, as recorded in Liber 66, Page 1, Wayne County Records, said plat being of the South 5/8 of the N. E. 1/4 and the East 1/2 of the North 3/8 of the N. E. 1/4 of Section 33, T. 1 S., R. 9 E., Livonia Twp. (now City of Livonia), Wayne County, Michigan. 6. Grant of Easement dated June 5, 1978 executed by Geneva Jane Cicirelli, Executrix and Josephine Cicirelli, Co -Executrix of the estate of Angelina Cicirelli conveying The South 30 feet of Lot 206, except the North 427 feet and also Lot 207, except the North 427 feet of the East 20 feet thereof, Supervisor's Livonia Plat No. 2, as recorded in Liber 66, Page 1, Wayne County Records, said plat being of the South 5/8 of the N. E. 1/4 and the East 1/2 of the North 3/8 of the N. E. 1/4 of Section 33, T. 1 S , R. 9 E., Livonia Twp. (now City of Livonia), Wayne County, Michigan 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 - have the same recorded in the Office of the Register of Deeds along with the certified copy of Angelina Cicirel.l.i's Death Certificate, 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 Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS. None By Councilman Nash, seconded by Councilman Ventura, it was unanimously adopted 4821-78 RESOLVED, that having considered a communication dated September 1, 1978 from the Department of Law transmitting for Council acceptance a Grant of Easement more particularly described as Grant of Easement dated August 4, 1978 executed by Dimitrios Gotsis and Sylvia Gotsis, his wife, conveying The East 12 feet of the West 250.60 feet of Lot 238, and the West 12 feet of the East 137 feet of Lot 237, said lots being of part of Supervisor's Livonia Plat No. 3, as recorded in Liber 66, Page 16, Wayne County Records, said plat being of part of the North 1/2 of the S. W. 1/4 of Section 13, T 1 S., R. 9 E., Livonia Twp. (now City of Livonia), Wayne County, Michigan, the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. 17324 By Councilman Nash, seconded by Councilman Ventura, it was #822-78 RESOLVED, that having considered a communication from the Department of Law dated September 1, 1978, submitted pursuant to Council Resolution 509-78, which transmits for Council acceptance a Warranty Deed dated August 28, 1978 executed by Gilbert L. Adkins and Dolores M. Adkins, his wife, conveying to the City certain property which is more particular- ly described as The East 60 feet of the following parcel of land. Land in the City of Livonia, Wayne County, Michigan, being a part of the Northeast 1/4 of Section 18, Town 1 South, Range 9 East, more particularly described as That part of the Northeast 1/4 of Section 18 described as beginning at a point on the East line of said section distant due North, 789.29 feet from the East 1/4 corner of Section 18 and proceeding thence due North along said East line, 199.63 feet, thence North 89 degrees 39 minutes 43 seconds West, 358.0 feet, thence due South,200.13 feet, thence South 89 degrees 44 minutes 30 seconds East 358.0 feet to the point of beginning. the Council does hereby determine for and in behalf of the City of Livonia to accept the Warranty Deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds 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 Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS None. By Councilman Raymond, seconded by Councilman Bishop, it was #823-78 RESOLVED, that having considered a communication from the Department of Law, dated September 5, 1978, transmitting for acceptance a warranty deed executed on August 3, 1978, by Albert G. Haddad and Laverne Haddad, his wife, conveying to the City the following described property. Lots 240 and 241 of Rosedale Gardens No. 1 Subdivision of part of N. 1/2 of N.E 1/4 of Section 34, T. 1 S., R. 9 E. , Livonia Township (now City of Livonia), Wayne County, Michigan, as recorded in Liber 56, Page 59, Wayne County Records. the Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid warranty deed and the City Clerk is hereby requested to have it recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. 17325 A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was 0824-78 WHEREAS, pursuant to due and proper notice, published and mailed to al] property owners in Special Assessment District No. 187 for the proposed improvement consisting of a 31-foot wide full-depth asphalt pavement with concrete curbs and gutters (Alternate II) on Floral Avenue, north of Joy Road, in the Southeast 1/4 of Section 36, 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 htnsdngthereafter having been held thereon on Monday, August 28, 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 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. 187, 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 Special Assessment Roll, dated June 14, 1978, as revised in a communication from the City Engineer, dated August 28, 1978, in the amount of $54,940.00, 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 resolu- tions of the City Council, (2) Said Special Assessment Roll No. 187 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 (8%) per cent per annum on the unpaid balance of the assess- ment from the date of confirmation. Said interest shaJ1 be payable on each installment due date, provided, however, that after the issuance of bonds to be issued in anticipa- tion of the collection of the unpaid assessments on the said special assessment roll, said rate of interest shall be adjusted to a rate which is not more than 1% above the average rate of interest borne by said bonds. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1979 and subsequent installments on December 1st of succeeding years, 17326 (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the assessment roll shall then be immediately trans- mitted 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 (6o) 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 provid- ed by Section 2-523, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; (6) The City Council hereby determines to pay a portion of the cost (approximately 15%) of the said improvement within the said district in the sum of $9,603.00. A roll call vote was taken on the foregoing resolution with the following result . AYES: Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS. None. By Councilman Bishop, seconded by Councilman Raymond, it was #825-78 RESOLVED, that having considered the report and recommenda- tion of the City Engineer, dated August 29, 1978, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, with regard to the improvement of Floral Avenue, north of Joy Road, the Council does hereby determine to authorize the said street improvement to be constructed by Detroit Concrete Products, Inc. , 44300 Grand River, Novi, Michigan, for the estimated amount of $84,216 35, said amount to vary blus or minus, based upon quantities of work actually completed, as part of the 1978 Miscellaneous Residential Street Paving Program, and in accordance with the unit prices previously accepted in Council Resolutions 652-78 and 696-78, and the Council does hereby determine to 17327 appropriate a sum not to exceed $84,216.35 as an advance from the 7.9 Million Dollar General Obligation .Road Improvement Bond Issue, with the provision that the same shall be reimbursed at such time as funds become available from the proceeds of a future Special Assessment Bond Issue, Motor Vehicle Highway Rind Receipts and Livonia Drain Surplus Funds, further, the Council does hereby determine to authorize the said work 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, and the action taken herein is all made subject to and conditioned upon the City successfully obtaining the additional right-of-way on Floral Avenue for this project to be completed during the 1978 con- struction season, and the Director of Public Works is hereby author- ized 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 company 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. Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS None. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was ,x826-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 20, 1978, and in accordance with the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed street improvement of Elmira Avenue (Deering to Inkster) and Orangelawn Avenue (Clement Circle to Inkster) in the N E. 1/4 of Section 36, City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on August 28, 1978, pursuant to Council Resolution 643-78, the Council does hereby determine to table this matter until such time as the City Engineer has had a meeting with the residents in the area to discuss various ramifications of this project and thereafter submitting his report to Council. By Councilman Bennett, seconded by Councilman Nash, and unanimously adopted, it was #827-78 RESOLVED, that with respect to the area generally located on F1mira between Deering to Inkster and on Orangelawn Avenue between Clement Circle to Inkster in Section 36, the Council does hereby request that the Traffic Commission do .a study and analysis of traffic flows and thereafter submit its report and recommendation to Council. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was 17328 #828-78 RESOLVED, that with respect to the area generally located on Elmira between Deering to Inkster and on Orangelawn Avenue between Clement Circle to Inkster in Section 36, the Council does hereby request that the Department of Public Works commence an active chloride program in this area while the West Chicago Street Improvement Project is under way. By Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #£29-78 RESOLVED, that with respect to a proposed street improvement of Levan Road from Plymouth to Parkdale in the N. 1/2 of Section 32, the Council does hereby request that the Streets, Roads and Plats Committee submit its report and recommendation on traffic flows in this area. By Councilman Ventura, seconded by Councilman Raymond, it was #830-78 RESOLVED, that having considered a communication from the City Planning Commission which sets forth its resolution 6-135-78 with regard to Petition 78-4-1-20, submitted by Plymouth Investment Company for a change of zoning on property located south of Eight Mile Road, west of Gill Road in the West 1/2 of Section 4, from RUFB to R-3, and the Council having conducted a public hearing with regard to this matter on August 28, 1978, pursuant to Council Resolution 647-78, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 78-4-1-20 is hereby approved and granted; and the City Planner is hereby instructed to cause the neces- sary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES Raymond, Bishop, Ventura and Nash. NAYS. Taylor, Bennett and McCann The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication dated June 27, 1978 from the City Planning Commission which sets forth its resolution 6-108-78 with regard to Petition 78-4-1-23, submitted by Robert German for a change of zoning on property located on the west side of Purlingbrook between St. Martins and Bretton Road in the Southwest 1/4 of Section 2 from RUFA to R-3, and the Council having conducted a public hearing with regard to this matter on August 28, 1978, pursuant to Council Resolution 647-78, the Council does hereby concur in the recommendation of the Planning Commission and the said 17329 Petition 78-4-1-23 is hereby approved and granted in part; provided, however that that portion of the Petition with respect to Lot 18 is hereby denied for the same reasons as those set forth in the afore- said action taken by the Planning Commission, 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 Raymond and Bishop. NAYS Taylor, Bennett, Ventura, Nash and McCann. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Bennett, it was X31-78 RESOLVED, that having considered a communication dated June 27, 1978 from the City Planning Commission which sets forth its resolution 6-108-78 with regard to Petition 78-4-1-23, submitted by Robert German for a change of zoning on property located on the west side of Purlingbrook between St. Martins and Bretton Road in the Southwest 1/4 of Section 2, from RUFA to R-3, and the Council having conducted a public hearing with regard to this matter on August 28, 1978, pursuant to Council Resolution 647-78, the Council does hereby determine to reject that portion of the recommendation of the Plan- ning Commission which recommends approval in part and the said Petition 78-4-1-23 is hereby denied in full for the same reasons as those set forth in the aforesaid recommendation of the Planning Com- mission, as well as for the following additional reasons 1. The proposed rezoning to the R-3 Zoning classification is inconsistent with the overall zoning district of the Hillcrest Gardens Subdivision area which subdivi- sion is zoned in its entirety in the RUF Zoning classi- fication. 2. The proposed rezoning to the R-3 Zoning classification would permit a reduction in lot size and a correspond- ing increase in lot density which will be inconsistent and out of character with the established and prevail- ing lot size and housing density of the neighboring area. A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was 17330 #832-78 RESOLVED, that having considered a communication dated June 22, 1978 from the City Planning Commission which sets forth its resolution 6-114-78 with regard to Petition 76-8-6-7 submitted by the City Planning Commission pursuant to Council Resolution 251-78, to amend Section 10.02(b), Permitted Uses, and. Section 10.03, Waiver Uses, of Ordinance No. 543, to provide standards for determining the use of bakeries, ice cream stores, etc., as permitted uses or waiver uses in C-1 Zoning Districts, and the Council having conducted a public hearing with regard to this matter on August 28, 1978, pursuant to Council Resolution 647-78, the Council does hereby determine to refer this item to the Legislative Committee for its report and recommendation. By Councilman Nash, seconded by Councilman Bennett, it was #833-78 RESOLVED, that having considered a communication dated June 22, 1978 from the City Planning Commission which sets forth its resolution 6-115-78 with regard to Petition 78-2-6-4, submitted by the City Planning Commission on its own motion to amend Section 19.06, General Waiver Requirements and General Standards, paragraph (c) by adding additional standards for the storage of refuse and the screening of mechanical equipment, and the Council having conducted a public hearing with regard to this matter on August 28, 1978, pursuant to Council Resolution 647-78, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 78-2-6-4 is hereby approved and granted; and the Depart- ment 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. Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS None. By Councilman Nash, seconded by Councilman Taylor, it was 4834-78 RESOLVED, that having considered a communication from the Department of Law, dated August 30, 1978, approved for submission by the Mayor, and to which is attached Opinion No. 5255, dated January 18, 1978, of the Office of the Attorney General, concerning payment of fringe benefits to city officials, the Council does hereby determine that members of the City Council shall receive Life Insurance coverage similar to that received by all other City Officials and employees, and the Department of Personnel is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Taylor, Raymond, Ventura, Nash and McCann. NAYS Bennett and Bishop The President declared the resolution adopted. 17331 By Councilman Nash, seconded by Councilman Taylor, and unanimously . dopted, it was #835-78 RESOLVED, that having considered a letter from John M. Aubrey, 14306 Riverside Drive, Livonia, Michigan 1+8154, dated August 22, 1978 with regard to a barrier located just south of his driveway, the Council does hereby refer the same to the Engineering Division for its report and recommendation. Councilman Bishop gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3 THERETO. RE: PETITION NO 78-1-1-3 FOR CHANGE OF ZONING FROM RUF TO R-3. 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. *The President of the Council was excused at 9.14 p. m., and relinquished the Chair to the Vice-President. Councilman Bishop gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 10 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE• PETITION NO. 77-9-1-31 FOR_CHANGE OF ZONING FROM P.L. & RUFC TO R-3. 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. Councilman Bishop invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the follow- ing result: a. 1733% AYES: Taylor, Raymond, Bishop, Ventura and Nash. NAYS. Bennett The Vice-President declared the foregoing Ordinance duly adopted, and would become effective on publication *The President resumed the Chair at 9 16 p m Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 18.24 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition 77-8-6-8) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinanc esin the offize 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 21 05 OF ARTICLE XXI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AZ THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition 78-4-6-6) 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 SECTIONS 6-124(1) 6-124(2) OF TITLE 6, CHAPTER I (TRAFFIC ORDINANCE) OF THE LIVONIA CODE OF ORDI- NANCES, AS AMENDED. 17333 LThe 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 SECTIONS 9 02 AND 9.03 OF ARTICLE IX, SECTIONS 10.02 AND 10 03 OF ARTICLE X, AND SECTIONS 11.02 AND 11 03 OF ARTICLE XI OF ORDINANCE NO. 51+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition No 78-1-6-1) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #836-78 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Pablic 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, October 23, 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 78-4-1-21, as amended, submitted by James R. Gysel for a change of zoning of property located on the north side of Joy Road between Fremont and Hugh in the Southeast 1/4 of Section 35, from R-1 to C-1, the City Planning Commission having in its resolution 8-159-78 recommended to the City Council that Petition 78-4-1-21 be approved, L 2. Petition 78-7-1-31, submitted by G.J. D'Adama for a change of zoning of property located on the northwest corner of Melvin and Joy Road in the Southeast 1/4 of Section 35, from R-1 to C-1, the City Planning Commission having in its resolution 8-161-78 recommended to the City Council that Petition 78-7-1-31 be approved, 17334 (3) Petition No. 78-7-6-9, submitted by the City Planning Commission to amend Section 4.o4, Schedule of Minimum Lot Sizes in R-1 through R-5 Districts, to increase the minimum depth and/or width for lots abutting major thoroughfares, the City Planning Commission having in its resolution 8-165-78 recommended to the City Council that Petition 78-7-6-9 be approved, (4) Petition No. 78-7-6-10, submitted by the City Planning Com- mission to amend Section 2.10, Definitions of Miscellaneous Terms, and Section 5.03, Waiver Uses, to provide a definition of, and controls for, the location of residen- tial homes for mentally or physically handicapped persons, the City Planning Commission having in its resolution 8-166-78 recommended to the City Council that Petition 78-7-6-10 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hear- ing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a news- paper of general circulation in the City of Livonia, as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company 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 Ventura, seconded by Councilman Taylor, and unanimously adopted, it was 4837-78 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting Regular Meetings of the City Council for the month of October, 1978. Wednesday, October 11, 1978; and Wednesday, October 25, 1978. By Councilman Taylor, seconded by Councilman Nash, and unanimously adopted, it was 17335 #838-78 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Raymond, seconded by Councilman Ventura, it was #839-78 RESOLVED, that having considered the report and recommenda- tion of the Superintendent of Parks and Recreation, dated September 7, 1978, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) fifteen passenger Sportsman Van from Town and Country Dodge, Grand River and. Nine Mile Road, Farmington, Michigan, for the price of $8095.00, 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)(1) and (5) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCam. NAYS None. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Taylor, it was #840-78 RESOLVED, that having considered the report and recommenda- tion of the City Engineer, dated September 1, 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 the City Clerk to execute for and on behalf of the City of Livonia the attached agreement between the City of Livonia and the Detroit Edison Company for the installation of underground electric lines and equipment by the Detroit Edison Company in conjunction with the new Civic Center MUnicipal Building, the cost of which work is $5805.00, the same to be appropriated and expended from Federal Economic Development Administration Funds, further, the Council does hereby determine to authorize said work without competitive bidding for the reasons indicated in the afore- said communication, and such action is taken in accordance with the provisions set forth in Section 2-213 (d)(5) of the Livonia Code of Ordinance, as amended. 17336 A roll call vote was taken on the foregoing resolution with the following result AYES: Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS. None. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Bishop, it was 4841-78 RESOLVED, that having considered the report and recommenda- tion of the Public Utility Manager and the Superintendent of Public Service, dated September 12, 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 Pro Tem, the Council does hereby authorize the purchase of new Hot Water Heaters at the Eddie Edgar and Devon-Aire Ice Rinks for the price of $10,950.00 from Phillips Plumbing & Heating Company, 17201 Middlebelt Road, Livonia, Michigan 48152, and the Council does hereby appropriate and authorize the expenditure of the additional sum of $3550.00 from the Unexpended Fund Balance Account for this purpose, further, the Council does hereby determine to authorize 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)(1) & (5) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES. Taylor, Raymond, Bennett, Bishop, Nash and McCann. NAYS. Ventura. The President declared the resolution adopted. The followingIreamble and resolution were offered by Councilman Bishop and, supported by Councilman Raymond 17337 #842-78 WHEREAS, the qualified electors of the City of Livonia, County of Wayne, Michigan, pursuant to the authorization provided by law, at the election duly called and held in said City on November 8, 1977, did by more than the required majority of those voting approve the following proposi- tion: "Shall the City of Livonia, County of Wayne, Michigan, borrow the principal sum of not to exceed Seven Million Nine Hundred Thousand ($7,900,000.00) Dollars and issue its general obligation unlimited tax bond therefor, for the purpose of defraying the City's share of the cost of paving, widening and improving streets and highways within the City, including necessary rights-of-way, railroad grade separations, sidewalks, curb and gutter and proper drainage facilities therefor?" AND WHEREAS, the City has already issued its $2,100,000 GENERAL OBLIGATION STREET AND HIGHWAY BONDS, SERIES I, dated May 1, 1978, AND WHEREAS, it is the determination of the City Council that at this time bonds in the principal amount of Three Million One Hundred Thousand ($3,100,000.00) Dollars should be issued as a second series of said total authorization, for the purpose of paying part of the cost of certain of the improvements specified in the aforesaid proposition, NOW, THEREFORE, BE IT RESOLVED THAT. 1. Bonds of the City of Livonia, County of Wayne, Michigan, designated GENERAL OBLIGATION STREET AND HIGHWAY BONDS, SERIES II, be issued in the aggregate principal sum of Three Million One Hundred Thou- sand ($3,100,000.00) Dollars for the purpose of defraying part of the cost of acquiring and constructing a portion of the above-described improve- ments, being the purpose fcr which the bonds were approved by the quali- fied electors of the City. The total cost of said portion of the improve- ments is hereby estimated to be Three Million Three Hundred Thirty Thousand ($3,330,000.00) Dollars, the remaining share to be defrayed from funds obtained from the C & 0 Railroad and, to the extent necessary, City funds on hand, and legally available therefor. Said Issue shall consist of six hundred twenty (620) bonds of the denomination of $5,000.00 each, numbered consecutively in direct order of maturity from 1 to 620, inclu- sive, dated as of December 1, 1978, and maturing serially as follows $ 75,000.00 April 1, 1983, $225,000.00 April 1st of each of the years 1984 and 1985, $250,000.00 April 1, 1986, $300,000.00 April 1st of each of the years 1987,1988 and 1989, $325,000.00 April 1, 1990, $350,000.00 April 1, 1991, $375,000.00 April 1st of each of the years 1992 and 1993. Bonds of this issue will not be subject to redemption prior to maturity 17338 2. Said bonds shall be coupon bonds and shall bear interest at a rate or rates to be determined on public sale thereof, but in any event not exceeding eight percent (8%) per annum, payable on April. 1, 1979, and semiannually thereafter on April 1st and October 1st of each year, both principal and interest to be payable at a bank or trust company qualified by law to act as paying agent, to be designated by the original purchaser of the bonds, subject to the approval of the City Clerk. A co-paying agent similarly qualified and approved may also be named. Bonds shall be registrable as to principal only in the manner set forth in paragraph 5, hereof. Interest on the bonds from December 1, 1978 to October 1, 1979 shall be capitalized and paid from the proceeds of the Bonds. 3. The Mayor, City Clerk and City Treasurer be, and they are hereby authorized to execute and sign the aforesaid bonds in conformity with the above specifications, and the Mayor and City Treasurer shall execute the interest coupons to be attached to said bonds by causing to be affixed thereto their facsimile signatures, and there shall be affixed to said bonds the seal of the City, and that upon due and legal execution of said bonds, the City Treasurer be, and is hereby authorized and direct- ed to deliver said bonds to the purchaser thereof upon receipt of the purchase price therefor. Li . The City Treasurer shall be and is hereby authorized and directed to open a separate depositary account with a bank or trust company designated by the City Council, to be designated GENERAL OBLIGJ•- TION STREET AND HIGHWAY BONDS, SERIES II DEBT RETIREMENT FUND (hereinafter sometimes referred to, for brevity, as the "Debt Retirement fluid"), the moneys to be deposited into said fund to be specifically earmarked and used solely for the purpose of paying principal and interest on the bonds herein authorized (herinafter sometimes referred to as the "bonds"), as mature. Into said fund there shall be placed from the proceeds of the bonds, a sum equal to the accrued interest and premium, if any, received at the delivery of the bonds, plus a sum, which when taken together with said accrued interest and premium, if any, will be sufficient to pay interest on the bonds from December 1, 1978 to October 1, 1979. In addition, all proceeds from taxes levied for said Debt Retirement Fund shall be deposited as collected into said fund. Commencing with the fis- cal year beginning December 1, 1979, there shall be levied upon the tax rolls of the City for the purpose of the Debt Retirement Fund each year, in the manner required by the provisions of Act 202, Public Acts of Michigan, 1943, as amended, an amount sufficient so that the estimated collection therefrom will be sufficient to promptly pay, when due, the principal and interest on the bonds becoming due on the April 1st next following the levy and the principal and interest becoming due on the October 1st next following said April 1st, Provided, however, that if at the time of making any such annual tax levy there shall be surplus moneys on hand in the Debt Retirement Fund for the payment of principal of and interest on the bonds herein authorized, then credit therefor may be taken against such annual levy for said fund. 5. The said bonds and coupons shall be in substantially the following form. 17339 UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA GENERAL OBLIGATION STREET AND HIGHWAY BONDS, SERIES II No. $5,000.00 KNOW ALL MEN BY THESE PRESENTS, that the CITY OF LIVONIA, County of Wayne, State of Michigan, acknowledges itself to owe and, for value received, hereby promises to pay the beartr hereof, or if registered to the registered owner, the sum of FIVE THOUSAND DOLLARS lawful money of the United States of America, on the first day of April, A.D., 19_, with interest thereon from the date hereof until paid at the rate of percent ( %) per annum, payable on April 1, 1979, and semiannually thereafter on the first day of April and October of each year, upon presentation and surrender of the proper interest coupons hereto attached as they severally become due. Both principal of and interest on this bond are hereby made payable at the principal office of and for prompt payment of this bond, both principal and interest, the fill faith, credit and resources of the City of Livonia are hereby irrevocably pledged. This bond is one of a series of six hundred twenty (620) bonds of even date and like tenor, except as to rate of interest, and date of maturity, aggregating the principal sum of $3,100,000.00, numbered con- secutively in direct order of maturity from 1 upwards, issued as a second series of a total authorization of $7,900,000.00 for the purpose of defraying part of the cost of acquiring and constructing certain street and highway improvements in the City in pursuance of a vote of the qualified electors of said City voting thereon at an election duly called and held on November 8, 1977, for such purpose. Bonds of this issue are not subject to redemption prior to maturity. This bond may be registered as to principal only on the books of the City kept by the paying agent in the name of the holder and such registration noted on the back hereof by the paying agent, after which no transfer shall be valid unless made on the books and noted on the back hereof in like manner, but transferability by delivery may be rcored by registration to bearer. Such registration shall not affect the negotia- bility of the interest coupons. 17340 This bond is payable out of the Debt Retirement Fund of the City of Livonia for this issue, and it is hereby certified and recited that all acts, conditions and things required by law to be done, precedent to and in the issuance of this bond and the series of bonds of which this is one, exist and have been done and performed in regular and due form and time as required by law, and that the total indebtedness of said City, including this bond, does not exceed any constitutional, statutory or charter limitation. IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of Michigan, by its City Council, has caused this bond to be signed in the name of said City by its Mayor and to be countersigned by its City Clerk and City Treasurer and its corporate seal to be hereunto affixed, and has caused the annexed interest coupons to be signed by the facsimile signatures of its Mayor and City Treasurer, all as of the first day of December, A.D., 1978. CITY OF LIVONIA By Mayor (SEAL) Countersigned: City Clerk City Treasurer (Form of Coupon) No. On the first day of , A.D., 19 , the CITY OF LIVONIA, County of Wayne, State of Michigan, promises to pay to the bearer hereof the sum shown hereon at the principal office of , being the interest due that date on its GENERAL OBLIGATION STREET AND HIGHWAY BOND, SERIES II, dated December 1, 1978, No. Mayor City Treasurer 17341 REGISTRATION NOTHING TO BE WRITTEN HEREON EXCEPT BY THE PAYING AGENT Date of Registration • Name of Registered Owner . Registrar • 6. The City Clerk shnil make application to the Municipal Finance Commission for an order granting permission for the issuance of said bonds. 7. The City Clerk shall attach to said application to the Mhnicipal Finance Commission a certified copy of the complete proceedings of this City Council pursuant to the bond issue. 8. The City Clerk is authorized and hereby ordered to publish notice of sale of the bonds herein authorized in The Bond. Buyer, New York, New York, and in the Observer-Eccentric, Livonia, Michigan, a news- paper of general circulation in the City, which notice of sale shall be in substantially the following form OFFICIAL NOTICE OF SALE $3,100,000.00 CITY OF LIVONIA COUNTY OF WAYNE, STATE OF MICHIGAN GENERAL OBLIGATION STREET AND HIGHWAY BONDS, SERIES II SEALED BIDS for the purchase of the above bonds will be received by the undersigned at the office of the City Clerk located at Livonia, Michigan 48154, on the day of 1978, until o'clock .m., Eastern Time, at which time and place said bids will be publicly opened and read. The bonds will be awarded to the successful bidder at a City Council meeting to be held at the City Hall, Livonia, Michigan at o'clock .m. , on the same date. BOND DETAILS- Said bonds will be coupon bond of the denomination of $5,000.00 each registrable as to principal only, dated December 1, 1978, numbered in direct order of maturity from 1 upwards and will bear interest from their date payable on April 1, 1979, and semiannually thereafter. Said bonds will mature on the 1st day of April, as follows: 17342 $ 75,000.00 April 1, 1983, $225,000.00 April 1st of each of the years 198+ and 1985, $250,000.00 April 1, 1986, $300,000.00 April 1st of each of the years 1987, 1988 and 1989, $325,000.00 April 1, 1990, $350,000.00 April 1, 1991, $375,000.00 April 1st of each of the years 1992 and 1993. PRIOR REDEMPTION. Bonds of this issue shall not be subject to redemption prior to maturity. INTEREST RATE AND BIDDING DETAILS. The bonds shall bear interest at a rate or rates not exceeding 8% per annum, to be fixed by the bids there- for, expressed in multiples of 1/8 or 1/20 of 1%,or both. The interest on any one bond shall be at one rate only, all bonds maturing in any one year must carry the same interest rate and each coupon period will be represented by one interest coupon. The difference between the highest and lowest interest rates bid shall not exceed 2%. No proposal for the purchase of less than all of the bonds or at a price less than 100% of their par value will be considered. PAYING AGENT: Both principal and interest shall be payable at a bank or trust company located in Michigan qualified to act as paying agent under State or United States law to be designated by the original purchaser of the bonds, who may also designate a co-paying agent, which be located outside of Michigan, qualified to act as paying agent under the law of the State in which located or of the United States, both of which shall be subject to approval of the undersigned. PURPOSE AND SECURITY: The bonds were authorized at an election held November 8, 1977, and are issued as a second series of a total authoriza- tion of $7,900,000 for the purpose of defraying part of the cost of acquiring and constructing certain street and highway improvements in the City. The bonds will pledge the full faith and credit of the City of Livonia for payment of the principal and interest thereon and will be payable from ad valorem taxes, which may be levied without limitation as to rate or amount. The rights or remedies of bondholders may be affected by bankruptcy laws or other creditor's rights legislation now existing or hereafter enacted. GOOD FAITH: A certified or cashier' s check in the amount of $62,000.00, drawn upon an incorporated bank or trust company and payable to the order of the Treasurer of the City must accompany each bid as a guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails to take up and pay for the bonds. No interest shall be allowed on the good faith checks and checks of the unsuccessful bidders will be promptly returned to each bidder's representative or by registered mail. The good faith check of the successful bidder may be immediately cashed in which event payment for thebelance of the purchase price of the bonds shall be made at the closing. 17343 AWARD OF BONDS. The bonds will be awarded, to the bidder whose bid produces the lowest cost computed by determining,at the rate or rates specified in the bid, the total dollar value of all interest on the bonds from , 19 , to their maturity and deducting therefrom any premium. LEGAL OPINION: Bids shall be conditioned upon the unqualified approving opinion of Miller, Canfield, Paddock and. Stone, attorneys of Detroit, Michigan, a copy of which opinion will be printed on the reverse side of each bond, and the original of which will be furnished without expense to the purchaser of the bonds at the delivery thereof. The fees of Miller, Canfield, Paddock and. Stone for services rendered in connection with such approving opinion are expected to be paid from bond proceeds. Except to the extent necessary to issue their unqualified approving opinion as to validity of the above bonds, Miller, Canfield, Paddock and Stone has not been requested to examine or review and has not examined or reviewed any financial documents, statements or materials that have been or may be furnished in connection with the authorization, issuance or marketing of the bonds, and accordingly will not express any opinion with respect to the accuracy or completeness of any such financial documents, statements or materials. DELIVERY OF BONDS. The City will furnish bonds ready for execution at its expense. Bonds will be delivered without expense to the purchaser at Chicago, Illinois, New York, New York or Detroit, Michigan. The usual closing documents, including a certificate that no litigation is pending affecting the issuance of the bonds, will be delivered at the time of the delivery of the bonds. If the bonds are not tendered for delivery by twelve o'clock noon, Eastern Time, on the 45th day following the date of sale, or the first business day thereafter if said 45th day is not a business day, the successful bidder may on that day, or any time thereafter until delivery of the bonds, withdraw his proposal by serving notice of cancellation, in writing, on the under- signed in which event the City shall promptly return the good faith deposit. Payment for the bonds shall be made in Federal Reserve Funds. Accrued interest to the date of delivery of the bonds shall be paid by the purchaser at the time of delivery. CUSIP NUMBERS. It is anticipated that CUSIP identification numbers will be printed on said bonds, but neither the failure to print such numbers on any bonds nor any error with respect thereto shall constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and pay for said bonds in accordance with terms of the purchase contract. All expenses in relation to the printing of CUSIP numbers on said bonds shall be paid for by the City, provided, however, that the CUSIP Service Bureau charge for the assignment of said numbers shall be the responsibility of and shall be paid for by the purchaser. THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS. ENVELOPES containing the bids should be plainly marked "Proposal for General Obligation Bonds. " APPROVED City Clerk STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION 17344 9. The estimated period of usefulness of the proposed Street and highway improvements is hereby declared to be not less than twenty (20) years. 10. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result. AYES. Taylor, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. On motion of Councilman Taylor, seconded by Councilman Nash, and unanimously adopted, this 890th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9.24 P. M., September 13, 1978. ADDISON W. rk, Cit Clerk