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HomeMy WebLinkAboutCOUNCIL MINUTES 1982-04-07 19792 MINUTES OF THE NINE HUNDRED AND SEVENTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 7, 1982, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:08 P. M.. Councilman Feenstra delivered the invocation. Roll was called with the following result: Present: Robert E. McCann, Gerald Taylor, Fernon Feenstra, Alice Gundersen, Robert R. Bishop, and Robert D. Bennett. Absent: Peter A. Ventura (excused) . Elected and appointed officials present: Robert F. Nash, City Clerk; Patricia L. Miencier, Deputy City Clerk; Harry C. Tatigian, City Attorney; G. E. Siemert, City Engineer; Richard 0. Jones, Public Utility Manager; Karen Henrich, Assistant Superintendent Parks and Recreation; Ronald R. Reinke, Superintendent Parks and Recreation; Jack Dodge, Finance Director; William E. Crayk, Police Department; William LaPine, Zoning Board of Appeals; Sue Daniel, Historical Commis- sion; and Leon Spence, Arts Commission. By Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #224-82 RESOLVED, that the minutes of the 978th Regular Meeting of the Council of the City of Livonia, held March 24, 1982, are hereby approved. The communication from the Director of Finance dated March 18, 1982, transmitting various financial statements of the City of Livonia for the month ending February 28, 1982, was received and placed on file for the information of the Council. The following resolutions were offered by Councilman Feenstra and seconded by Councilwoman Gundersen: The communication from the Planning Department and the Department of Law dated March 12, 1982 with respect to issuance of SDM licenses (CR-9-82), was received and placed on file for the information of the Council. 19793 #225-82 RESOLVED, that having considered a communication from the Department of Law, dated March 17, 1982, approved by Ms. Sue Daniel of the Livonia Historical Commission and approved for submission by the Mayor, the Council does hereby authorize a Lease Agreement for the milk shed at Greenmead, 38125 West Eight Mile Road, between the City of Livonia and James C. Wade, for the period May 1, 1982 through May 1, 1983; and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to affix their signatures to said Lease Agreement, as well as to do all other things necessary or incidental to the full performance of this resolution. The communication from the Department of Law dated March 23, 1982 with respect to use of garbage and refuse funds, was received and placed on file for the information of the Council. (CR-161-82 and 994+-79) #226-82 RESOLVED, that having considered the communication from the Department of Law, dated March 18, 1982, which transmits a proposed amendment to Section 4+-407(A) of the Livonia Code of Ordinances concerning the regulation of mechanical amusement devices, the Council does hereby refer this item to the Legislative Committee for its report and recommenda- tion. #227-82 RESOLVED, that having considered a communication from the Director of Community Resources, dated March 12, 1982, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the advance of the sum of $585.60 from the Forestry Account 101-781-785.000.000 for the purpose of purchasing 6,000 seedlings from the Oakland County Soil and Water C onServation District in the species, quantities and prices indicated in the aforesaid communica- tion in order to conduct the 1982 Arbor Day seedling sale, the aforesaid account to be reimbursed to the extent of the advance herein authorized from the proceeds of said sale; FURTHER, the Council does hereby authorize the sale of such seedlings for the price of .20 cents each, with the exception of. Black Walnuts which will be priced at .50 cents. #228-82 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated February 12, 1982, and the report and recommendation of the Chief of Police, dated March 9, 1982, in connection therewith, the Council does hereby approve the request of Jack M. Friej for transfer of ownership of 1981-1982 SDM licensed business from Merriman Drug Company located at 31320 West Five Mile Road, Livonia, Michigan 48154; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #229-82 RESOLVED, that having considered a communication from the CETA Program Administrator, dated March 15, 1982, approved by the Finance Director and approved for submission by the Mayor, to which is attached Grant Modification 001 for FY 82 CETA Annual Plan, a summary of which is set forth in the aforesaid communication, the Council does hereby authorize and approve the said Grant Modification in the manner and form indicated in the aforesaid communication; and the Mayor and City Clerk are hereby requested to execute the same for and on behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full performance of this resolution. 1.9794 #230-82 RESOLVED, that having considered a communication from the Chief of Police, dated March 18, 1982, to which is attached a report and a computer printout indicating a false alarm problem with respect to false alarm charges and having also considered a letter from the City Treasurer with respect to false alarm charges and accounting computer responsibility, the Council does hereby refer these items to the Finance and Insurance Committee for its report and recommendation. #231-82 RESOLVED, that having considered a communication from Joseph Sergi and Lindy R. Swartz, dated February 28, 1982, wherein a request is made for the vacating of an alley located west of Middlebelt Road and North of Joy Road, the Council does hereby refer the same to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance. #232-82 RESOLVED, that having considered a communication from the Livonia Police Officers Association, dated March 12, 1982, wherein a request is submitted for permission to place eight 4x8 posters in various locations throughout the City for the period September 1, 1982 to October 8, 1982 in order to advertise the 30th Annual Policeman's Ball, to be conducted at Roma Hall of Livonia, proceeds of which allows the Association to finance several community projects, the Council does hereby approve and grant the permission requested herein in the manner and form submitted. #233-82 RESOLVED, that having considered a communication from the Friends of the Barn, Inc., dated March 23, 1982, wherein permission is requested to conduct a two (2) day barn sale at the Wilson Barn property on June 5 - 6, 1982, proceeds of which will be used toward the restoration of the barn, the hours of which sale will be between 10:30 A M. to 6:00 P.M. on each day, the Council does hereby authorize and grant the permission herein requested in the manner and form herein submitted. #234-82 RESOLVED, that having considered a communication from the Friends of the Barn, Inc., dated March 23, 1982, wherein permission is requested to conduct Livonia's Second International Ethnic Festival at the Wilson Barn property on August 20, 1982 from 6:00 P.M. to 11:00 P.M. , August 21, 1982 from 12 Noon to 11:00 P.M. and August 22, 1982 from 12 Noon to 6:00 P.M., the Council does hereby authorize and grant the permission requested in the manner and form submitted, FURTHER, the Council does hereby grant permission to sell beer and alcoholic beverages through this 3-day period in connection with this event, the permission granted herein being made subject to compliance with applicable rules and regulations of the Michigan Liquor Control Commission #235-82 RESOLVED, that having considered a communication from the City Clerk, dated March 24, 1982, to which is attached a proposed software license agreement submitted by Computer Election System, Inc. , with respect to the City Clerk's Computer Program Agreement, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. #236-82 RESOLVED, that having considered a communication from the City Planning Commission, dated March 23, 1982, which transmits its resolution 3-39-82, adopted on March 16, 1982, with regard to Petition 82-2-2-4 submitted by Livonia Jaycees requesting a waiver use approval to conduct an annual Spring Carnival on property located within the Wonderland 19795 Shopping Center at the southwest corner of Plymouth and Middlebelt Roads in Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 82-2-2-4 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. #237-82 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; MCIA 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, May 10, 1982 at 7:00 P.M. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item: Petition 82-2-1-3, submitted by James and Kathryn McQuade for a change of zoning of property located on the east side of Farmington Road between Pickford and Curtis in the Northwest 1/4 of Section 10, from R-1 to P.S. , the City Planning Commission in its resolution 3-35-82 having recommended to the City Council that Petition 82-2-1-3 be denied; 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 amendment to the Zoning Ordinance, (and/or) (b) location of the proposed change 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 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. A rollcall vote was taken on the foregoing resolutions with the following result. AYES. Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Bennett, seconded by Councilwoman Gundersen, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 22, 1982, and submitted pursuant to Council Resolution 151-82 in connection with a communication from the Superintendent of Parks and Recreation, dated February 16, 1982, approved by the Finance Director and approved for submission by the Mayor, and which transmits bids received for the leasing of concession stands and for installing vending machines at various city facilities, the Council does hereby accept the bids of DTM Food Management Service, 6217 Payne Street, Dearborn, Michigan 48126, subject to the negotiating of contracts with the Department of Law, the same to be submitted to the City Council for approval. 19796 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett and Gundersen. NAYS: Feenstra, Bishop, Taylor and McCann. The President declared the resolution DENIED. By Councilman Taylor, seconded by Councilman Feenstra, it was #238-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 22, 1982, and submitted pursuant to Council Resolution 151-82 in connection with a communication from the Superintendent of Parks and Recreation, dated February 16, 1982, approved by the Finance Director and approved for submission by the Mayor, and which transmits bids received for the leasing of concession stands and for installing vending machines at various City facilities, the Council does hereby reject all bids received with respect to these items; FURTHER, the Council does hereby refer this item to the Committee of the Whole and the Parks and Recreation Commission for further consideration. A roll call vote was taken on the foregoing resolution with the following result• AYES: Feenstra, Bishop, Taylor and McCann. NAYS: Gundersen and Bennett. The President declared the resolution adopted. By Councilman Feenstra, seconded by Councilman Taylor, it was #239-82 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 22, 1982, and submitted pursu- ant to Council Resolution 141-82 in connection with a communication from the Department of Law dated February 18, 1982, with respect to proposed licensing fees for amusement devices, the Council does hereby request that the Department of Law prepare an amendment to Section 4-120(25) of the Livonia Code of Ordinances, so as to revise licensing fees for mechanical amusement devices, as follows: MECHANICAL AMUSEMENT DEVICE a) $100 per device up to 5 in any single location or building. b) $50 per device for each additional device. c) $500 for an indoor amusement place located in a shopping center having at least five hundred thousand (500,000) square feet, in addition to the fees prescribed for each machine. d) $20 per device for kiddie rides. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. 19797 By Councilman Taylor, seconded by Councilman Feenstra, it was #240-82 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated March 23, 1982, and submitted pursuant to Council Resolution 972-81 in connection with a communication from the Parks and Recreation Commission, dated October 19, 1981, approved by the Finance Director and approved for submission by the Mayor, wherein it is recommended that an admission fee of $1.00 per person be established for special events sponsored by the Parks and Recreation Commission at the Ice Arenas, other than the semi-annual Ice Show, the Council does hereby concur in and approve of the aforesaid action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bennett, it was #241-82 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated March 23, 1982, and submitted pursuant to Council Resolution 973-81 in connection with a communication from the Parks and Recreation Commission, dated October 19, 1981, approved by the Director of Finance and approved for submission by the Mayor, wherein certain recommendations are submitted regarding a proposed increase in fees and charges for various recreation programs and activities, the Council does hereby concur in and approve of the aforesaid action, except as modified and revised as follows: (1) Deleted and not approved herein are the recommended changes with respect to paragraph G. Ice Arenas. (2) Paragraph H. Printing Fees, subparagraph c. Stencil - regular shall be changed to $2.00 (3) Paragraph I. Equipment & Facility Deposits, item 5. Park Reservations $50.00 deposit (Bicentennial - Rotary Veterans) Insurance against abuse, and Clean-Up A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Feenstra, it was #242-82 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated March 23, 1982, and submitted pursuant to Council Resolution 149-82 in connection with a communication from the Superintendent of Parks and Recreation, dated February 8, 1982, approved by the Finance Director and approved for submission by the Mayor and which transmits Parks and Recreation resolution 1621-81 wherein an increase in greens fees for non-residents at the City's golf courses for 19798 the 1982 season is recommended, and which would establish the following fees: Monday - Friday 9 holes $ 5.50 18 holes 8.50 Saturday, Sunday, 9 holes 7.50 Holidays 18 holes 9.50 Twilight 4.50 the Council does hereby concur in and approve of the aforesaid action A roll call vote was taken on the foregoing resolution with the following result: AYES. Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bennett, it was #243-82 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated March 23, 1982, and submitted pursuant to Council Resolution 150-82 in connection with a communication from the Superintendent of Parks and Recreation, dated February 8, 1982, approved by the Finance Director and approved for submission by the Mayor Pro Tem and which transmits Parks and Recreation resolution 1615-81 wherein proposed increases in entry fees for athletes are recommended, the Council does hereby approve and authorize the establishment of the following fees: ADULT SPORT PROPOSED FEE 4-1-82 3-1-83 Modified Softball $ 175.00 $ 240.00 Church Modified 175.00 240.00 Men's Slowpitch 140.00 160.00 Women's Slowpitch 136.00 160.00 Women's Fastpitch 145.00 175.00 Men's Volleyball 150.00 Women's Volleyball 150.00 Men's Basketball 175.00 YOUTH "E" Minor Baseball $ 5.00/player "E" Major Baseball 110.00 Connie Mack 125.00 150.00 Adray 175.00 "D" Basketball 40.00 Senior Youth Softball 50.00 Junior Youth Softball 50.00 Bronco Softball 5.00/player FURTHER, the Council does hereby refer back to the Parks & Recreation Commission for a new report and recommendation the item of Co-Sponsored or Official Supplied Programs. 19799 A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Bishop, Bennett, Taylor and McCann. NAYS: Gundersen. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Feenstra, it was #244-82 RESOLVED, that having considered the report and recommendation. �f the Finance and Insurance Committee, dated March 23, 1982 and submitted pursuant to Council Resolution 172-82 in connection with the report and recommendation of the Superintendent of Parks and Recreation, dated February 9, 1982, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of Merchants Cash Register Company, 19631 W. Eight Mile Road, Detroit, Michigan 48219 for supplying the Department of Parks and Recreation with two (2) Electronic Cash Registers (Sharp 3203) for the unit price of $699.00 and a total price of $1398.00, the same having been in fact the lowest bid received and meets all specifications. A rol1 call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Taylor, it was #245-82 RESOLVED, that the Council does hereby table the second reading and roll call vote for the proposed amendment to the Zoning Ordinance as set forth in Petition 81-7-6-6 relating to Mechanical and Electronic Amusement Devices to the meeting at which the proposed amendment to Section 4-120(25) willbe considered for second reading and a roll call vote. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilman Taylor, it was #246-82 RESOLVED, that having considered a communication from the City Planning Commission, dated March 26, 1981, which transmits its resolution 3-48-81, adopted on March 24, 1981 with regard to Petition 81-3-8-12 submitted. by James Hoseini, requesting site plan approval in connection with a proposal to construct an addition to a fruit market located on the Southeast corner of Plymouth Road and Garden in the Northwest 14 of Section 36, pursuant to the provisions set forth in Section 18. 7 of Ordinance No. 543, as amended, and the Council having conducted a public hearing with regard to this matter on May 20, 1981, pursuant to Council Resolution 330-81, the Council does hereby reject the recommendation of the Planning Commission and Petition 81-3-8-12 is hereby approved and granted. 19800 A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Feenstra, it was #247-82 RESOLVED, that having considered a communication from the Director of Finance, dated March 15, 1982, approved for submission by the Mayor and submitted pursuant to Council Resolution 102-82 and to which is attached a letter from the Executive Director of SEMCOG, the Council does hereby approve and authorize the payment of the sum of $7,050.00 as annual membership dues for 1982. 1 roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Taylor and McCann. NAYS: Bennett. Ehe President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Bennett, it was #248-82 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 3, 1982, 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 accept the unit price bid of Shea Company, Box 543, Mt. Pleasant, Michigan 48858 for the 1982 Lane Line Marking Program (Contract No. 82-A) for the estimated total cost of $9,342.73, based upon the Engineering Division's estimate of units involved, and subject to final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bids received for this item; FURTHER, the Council does hereby appropriate and authorize an expenditure not to exceed $9,342.73 from the Motor Vehicle Highway Fund Receipts (Major Road Account) for this purpose; and the Director of Public Works is hereby authorized to approve minor changes in the work as may be 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: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #249-82 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 18, 1982, 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 accept the 19802 A roll call vote was taken on the foregoing resolution with the following result. AYES: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #251-82 RESOLVED, that having considered a communication from the Director of Finance, dated March 15, 1982, approved for submission by the Mayor and to which is attached a copy of a communication from the Personnel Director, dated February 24, 1982, which outlines increases of approximately 25% in Blue Cross rates, the Council does hereby appropriate and authorize the transfer of the following amounts from the Unexpended Fund Balances of the following funds: FUND TOTAL ADJUSTMENT General Fund $ 31,493.00 Refuse Fund 1,485.00 Silver Village 957.00 $ 33,935.00 FURTHER, the Council does hereby authorize the adjustments detailed in the attachment to the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result. AYES: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. *Councilman McCann was excused at 8:40 P. M. By Councilwoman Gundersen, seconded by Councilman Taylor, it was #252-82 RESOLVED, that having considered a communication from the City Clerk, dated March 18, 1982, to which is attached a proposed agreement between the City of Livonia and the Livonia Public Schools School District., wherein the City would agree to run the district's elections on the basis of the terms and conditions set forth therein, 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. A roll call vote was taken on the foregoing resolution with the following result. AYES: Feenstra, Gundersen, Bishop, Bennett and Taylor. NAYS: None. *Councilman McCann returned at 8:41 P. M. By Councilman Feenstra, seconded by Councilman Bennett, it was #253-82 WHEREAS, the Detroit Metropolitan Water Board on December 15, 1975 by a four to three vote of its members determined to raise water rates 39% to be effective May 1, 1976; and 19801 unit price bid of Teer-Wurtzel Contracting, Inc. , 11+0 Sherwood Road, Williamston, MI. 48895 for the 1982 Pavement Joint and Crack Sealing Program for the estimated total cost of $7+,968.80, based upon the Engineering Division's estimate of units involved and subject to a final payment based upon actual units completed in accordance with unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, provided, however, that only 29% of the total program is authorized to be completed at this time for the estimated amount of $22,000, with the balance of the said program being made subject to (1) the contractor demonstrating to the satisfaction of the Engineering Division that he is able to complete the work in a workmanlike manner and in accordance with the contract documents and (2) the Engineering Division giving written approval of the initial work as completed by the contractor, a copy of which is to be forwarded to the Council; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $7+,968.80 from the $7.9 Million General Obligation Road Improvement Bond Issue, for this purpose; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as required, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things 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: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilwoman Gundersen, seconded by Councilman Feenstra, it was #250-82 RESOLVED, that having considered the report and recommendation of the City Engineer and the Chief Building Inspector, dated March 24, 1982, 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 accept the unit price bid of R M, Inc., P.O. Box 5008, Dearborn, Michigan 48128 for the estimated total cost of $28,920 based upon the Engineering Division's estimate of units involved and subject to a final payment based upon actual units completed in accord- ance with the unit price accepted herein, said estimated cost and unit price having been in fact the second lowest bid received for this item, the action herein being taken for the reasons indicated in the aforesaid communication; FURTHER, the Council does hereby authorize an advance ir the amount of $28,920 from the Municipal Refuse Fund Account for the purpose of making payments to contractors, with the provision that said account be reimbursed from the proceeds collected for weed cutting; FURTHER, the Council does hereby authorize the return of the $500.00 bid deposit which accompanied the bid of Panetta's Landscaping for the reasons set forth in their letter of March 24+, 1982; 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. 19803 WHEREAS, the said proposed increase in water rates appears to have no reasonable relationship to costs incurred for supplying said water and may, therefore, be unjust and inequitable, and WHEREAS, at a meeting conducted in Livonia on December 15, 1981 the representatives of some seventy communities voted to request that their respective legislative bodies pledge a contribution of two cents per capita as their pro rate share of costs that may be incurred by such legal action as may be necessary to assure that an increase in water rates shall not be implemented unless and until the aforesaid action of the Detroit Metropolitan Water Board is demonstrated to have been justified and eq- uitable to all communities served by the water system; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia takes this means to indicate its support in opposition to the 39% water rate increase, further, since it has become necessary to litigate the issues involved, and appeal a recent judgement, the City Council does hereby appropriate a sum in the amount of $2093.20 from the Unexpended Fund Balance Account of the Water Fund as this City's share of the cost of such litigation appeal. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Feenstra, it was #254-82 RESOLVED, that having considered a communication from the City Clerk, dated March 26, 1982, the Council does hereby authorize the purchase of sunscreen blinds for the office of the City Clerk, from Dubach Interiors, 16667 Truwood, Woodhaven, MI. 48183, for the price of $1,622.10, the same to be appropriated and expended from the Unexpended Fund Balance Account; FURTHER, the Council does hereby 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 roles. call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Feenstra, it was RESOLVED, that having considered a communication from the City Planning Commission, dated March 23, 1982, which transmits its resolution 3-38-82, adopted on March 16, 1982, with regard to Petition 82-2-2-3, submitted by Siegal/Tuomaala Associates requesting waiver use approval to utilize a proposed building located on the east side of Newburgh Road between Six Mile Road and Munger in the Northwest 1/4 of Section 17, for general office purposes, which property is zoned P.S., the Council does hereby concur in the recommendations made by the City Planning 19804 Commission and Petition 82-2-2-3 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendations of the Planning Commission, as well as the following additional conditions; a. compaction shall be required in Building "A", and; b. compaction shall be required in Building "B". By Councilman. Feenstra, seconded by Councilman Taylor, it was RESOLVED, that the foregoing resolution be amended so as to delete the requirement for compaction in "b" and to require as an additional condition that the trash receptacle as proposed to be located at the Northeast corner of the site shall be screened by the erecting of a brick wall on its west side as opposed to the north side (brick to be the same as used on the building) and, further, that the trash enclosure shall be fitted with a gate on the south side. A ro.Ll call vote was taken on the amendment with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett and Taylor. YS; Mann The President declared the amendment adopted. A roll call vote was taken on the resolution, as amended, as follows: #255-82 RESOLVED, that having considered a communication from the City Planning Commission, dated March 23, 1982, which transmits its resolution 3-38-82, adopted on March 16, 1982, with regard to Petition 82-2-2-3, submitted by Siegal/Tuomaala Associates requesting waiver use approval to utilize a proposed building located on the east side of Newburgh Road between Six Mile Road and Munger in the Northwest 1/4 of Section 17, for general office purposes, which property is zoned P.S. , the Council does hereby concur in the recommendations made by the City Planning Commission and Petition 82-2-2-3 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendations of the Planning Commission, as well as the following additional conditions; a, compaction shall be required in Building "A; and; b. that the trash receptacle as proposed to be located at the Northeast corner of the site shall be screened by the erecting of a brick wall on its west side as opposed to the north side (brick to be the same as used on the building) and, further, that the trash enclosure shall be fitted with a gate on the south side. with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett and Taylor. NAYS: McCann. The President declared the resolution as amended, adopted. 19805 By Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #256-82 RESOLVED, that the Council does hereby request that the Waste Disposal Committee investigate the question of the City's refuse collection agent matter of the policy of the City's refuse collector with respect to the collection of compacted trash from commercial and office estab- lishments in comparison to residential collections and thereafter submit its report and recommendation. By Councilman Feenstra, seconded by Councilwoman Gundersen, it was #257-82 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 19, 1982, approved by the Finance Director and approved for submission by the Mayor and which transmits its resolu- tion WS 2503 3/82, the Council does hereby authorize a service contract with Hersey Meter Company, 250 Elm Street, Dedham, Massachusetts 06026, for the testing and modification of large industrial meters for a sum not to exceed $15,000, based upon the unit prices set forth in the attachment, FURTHER, the Council does hereby authorize the said contract without competitive bidding for the reasons indicated in the aforesaid communica- tion, 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: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Taylor, it was #258-82 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 19, 1982, approved by the Finance Director and approved for submission by the Mayor, which transmits its resolution WS 2499 3/82 and wherein it is recommended that Section 5-1604 of the Livonia Code of Ordinances be amended with respect to industrial pollutant strength surcharges, the Council does hereby refer this item to the Department of Law for the preparation of an ordinance amendment for submission to Council. A rola call vote was taken on the foregoing resolution with the following result. AYES: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS. None. By Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #259-82 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 19, 1982, approved by the Finance Director and approved for submission by the Mayor, which transmits its resolution WS 2499 3/82 and wherein it is recommended that Section 5-1604 of the Livonia Code of Ordinances be amended with respect to industrial pollutant 19806 strength surcharges, the Council does hereby refer this item to the Water and Sewer Committee for its report and recommendation. By Councilman Feenstra, seconded by Councilwoman Gundersen, and unanimously adoited, it was #260-82 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 19, 1982, approved by the Finance Director and approved for submission by the Mayor and which transmits its resolu- tion WS 2496 3/82 wherein it is recommended that Section 5-408 of the Livonia Code of Ordinances be amended with respect to water rates, the Council does hereby refer the same to the Department of Law for the preparation of an ordinance amendment for submission to Council. By Councilman Feenstra, seconded by Councilwoman Gundersen, and unanimously Idopted, it was #261-82 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 19, 1982, approved by the Finance Director and approved for submission by the Mayor and which transmits its resolu- tion WS 2496 3/82 wherein it is recommended that Section 5-408 of the Livonia Code of Ordinances be amended with respect to water rates, the Council does hereby refer this item to the Water and Sewer Committee for its report and recommendation. By Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #262-82 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 19, 1982, approved by the Finance Director and approved for submission by the Mayor and which transmits its resolu- tion WS 2497 3/82 wherein it is recommended that an ordinance be adopted to establish a lawn sprinkling ban during the months of May, June, July and August, 1982, the Council does hereby refer this item to the Water and Sewer Committee for its report and recommendation. By Councilman Bishop, seconded by Councilwoman Gundersen, and unanimously a;,.opte u., it was #263-82 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 19, 1982, approved by the Finance Director and approved for submission by the Mayor and which transmits its resolu tion WS 2498 3/82 wherein it is recommended that Section 5-510 of the Livonia Code of Ordinances, be amended with respect to Wayne County sewage rates, the Council does hereby refer the same to the Department of Law for ikethe preparation of an ordinance amendment for submission to Council. By Councilman Bishop, seconded by Councilwoman Gundersen, and unanimously adopted, it was 19807 #264-82 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 19, 1982, approved by the Finance Director and approved for submission by the Mayor and which transmits its resolu- tion WS 2498 3/82 wherein it is recommended that Section 5-510 of the Livonia Code of Ordinances, be amended with respect to Wayne County sewage rates, the Council does hereby refer this item to the Water and Sewer Committee for its report and recommendation. By Councilman Feenstra, seconded by Councilman Taylor, it was #265-82 RESOLVED, that having considered the communication from the Livonia Arts Commission, dated March 22, 1982, which bears the signature of the Finance Director, and is approved for submission by the Mayor, the Council does hereby authorize the purchase of four (4) Display Panels as described in the aforesaid communication from Unistrut Detroit Service Company, 4045 2nd Street, Wayne, Michigan 48184 for the price of $2,042.56; FURTHER, the Council does hereby authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communica- tion 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: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Taylor, seconded by Councilwoman Gundersen, it was #266-82 RESOLVED, that having considered a communication from the City Planning Commission, dated January 27, 1982, which sets forth its resolu- tion 1-4-82 adopted on January 19, 1982, with regard to Petition 81-12-1-24 submitted by City Planning Commission for a change of zoning on property located on the east side of Hubbard Road, north of Five Mile Road in the East 1/2 of Section 15, from R-1 to RUFA, and the Council having conducted a public hearing with regard to this matter on March 29, 1982, pursuant to Council Resolution 96-82, the Council does hereby concur in the recommenda- tion of the Planning Commission and the said Petition 81-12-1-24 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 accord- ance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was 19808 #267-82 RESOLVED, that having considered a communication from the City Planning Commission, dated January 27, 1982, which sets forth its resolu- tion 1-5-82 adopted on January 19, 1982 with regard to Petition 81-10-6-10 submitted by the City Planning Commission pursuant to Council Resolution 848-81 to amend Section 2.07 and Section 18.09 of Zoning Ordinance #543 so as to incorporate regulations to control the location of mobile homes in the City of Livonia, and the Council having conducted a public hearing with regard to this matter on March 29, 1982, pursuant to Council Resolu- tion 96-82, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. By Councilman Taylor, seconded by Councilman Bishop, it was #268-82 RESOLVED, that having considered a communication from the City Planning Commission, dated February 24, 1982 which sets forth its resolu- tion 2-26-82 adopted on February 23, 1982 with regard to Petition 82-1-1-1 submitted by Anthony Skover, Thomas O'Rourke and Louie Mancinelli for a change of zoning on property located on the east side of Haggerty Road between Seven Mile and Phillips Road in the Southwest 1/4 of Section 6 from M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on March 29, 1982, pursuant to Council Resolution 145-82, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 82-1-1-1 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: Feenstra, Gundersen, Bishop, Taylor and McCann. NAYS: Bennett. The President declared the resolution adopted. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #269-82 RESOLVED, that having considered a communication from the City Planning Commission, dated February 24, 1982 which sets forth its resolu- 2-26-82 adopted on February 23, 1982 with regard to Petition 82-1-1-1 submitted by Anthony Skover, Thomas O'Rourke and Louie Mancinelli for a change of zoning on property located on the east side of Haggerty Road between Seven Mile and Phillips Road in the Southwest 1/4 of Section 6 from M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on March 29, 1982, pursuant to Council Resolution 145-82, the Council does hereby refer this item to the Committee of the Whole for further consideration. By Councilman Bishop, seconded by Councilman Taylor, it was #270-82 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated January 14, 1982, with respect L9009 to a request for a new SDD license by Dominic Soave to be located at 33521 W. Seven Mile Road, Livonia, Michigan, the Council does hereby recommend that the Liquor Control Commission deny the said request inasmuch as this application would be in violation of and in noncompliance with the requirements prescribed by the Livonia Zoning Ordinance 543, as amended; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #271-82 RESOLVED, that having considered a communication dated March 23, 1982 from the Michigan Liquor Control Commission with regard to an application from Active Properties, Inc. , submitted by E. Gary Veltman, Treasurer, 2124 Jackson Blvd. , Highland, Michigan 48031, for a new full year Class C License to be located at 28121 Plymouth Road, Livonia, Michigan 1+8150, the Council does hereby determine to take this means to advise the Liquor Control Commission that the City Council denies the said request and would not recommend that the said application be approved by the Michigan Liquor Control Commission; and the City Clerk is hereby directed to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #272-82 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 5.2931+; MCLA 125.581+), 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, May 10, 1982 at 7:00 P.M. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item: Petition 82-3-6-1, submitted by the City Planning Commission to amend Section 11.03 of Ordinance No. 543, to include regulations relating to automotive transmission repair businesses in C-2 districts, the City Planning Commission in its resolution 3-1+0-82 having recommended to the City Council that Petition 82-3-6-1 be approved; 19810 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 amendment to the Zoning Ordinance, and/or (b) location of the proposed change 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 Feenstra, seconded by Councilman Bishop, it was #273-82 RESOLVED, that having considered various proposals to provide cable television consulting services for the City of Livonia, the Council does hereby determine to designate and select, as the City's Cable Television Consultant, the firm of Telecommunications Management Corporation (T.M.C. ) 6380 Wilshire Boulevard, Suite 808, Los Angeles, California 90048, on the basis of a proposal set forth in a communication dated March 26, 1982 with attachments and, for this purpose the Council does hereby appropriate and authorize as an advance from the Unexpended Fund Balance Account the sum of $10,000.00, the same to be reimbursed thereto from application and, other fees received in connection with the review of proposals to provide television service. A roil call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilman Taylor, and unanimously actoptcd, it was #274-82 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Bishop, seconded by Councilwoman Gundersen, and unanimously adopted, it was #275-82 WHEREAS, pursuant to the direction of the City Council in its resolution no. 135-82, adopted on February 24, 1982, and in accordance with Section 2-510 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of April 5, 1982 an assessment roll dated April 2, 1982 for the improvement consisting of the removal and replacement of badly deteriorated sections of the existing pavement and resurfacing the roadway with 2 to 2 1/2 inches of bituminous concrete on Barkley Avenue, 19811 Bonnydale Drive, Nye Road, and Nye Court (portions of Bonnydale Subdivision No. 2 and Lyndon Manor Subdivision) in the N.W. 1/4 of Section 23 containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution No. 135-82. THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Monday, May 17, 1982 at 8:00 P.M. to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of May 17, 1982; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Bishop, seconded by Councilwoman Gundersen, and unanimously adopted, it was #276-82 WHEREAS, pursuant to the direction of the City Council in its resolution no. 40-82, adopted on January 13, 1982, and in accordance with Section 2-510 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of April 5, 1982 an assessment roll dated April 2, 1982 for the improvement consisting of placing 4" of asphalt on an existing roadway on Wentworth Avenue between Merriman Road and. Henry Ruff in Sectio:l 14 containing the special assessments to be assessed and levied, respec- tively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution No. 40-82. THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assess- ment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Monday, May 17, 1982 at 8:00 P.M. to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard; 19812 IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally and throughout the said City, at least ten (10) days prior to the aforesaid date of May 17, 1982; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #277-82 WHEREAS, pursuant to the direction of the City Council in its resolution no. 37-82, adopted on January 13, 1982, and in accordance with Section 2-510 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of April 5, 1982 an assessment roll dated April 2, 1982 for the improvement consisting of placing approximately 4" of asphalt on an existing roadway on Rayburn between Merriman Road and Henry Ruff in Section 14 containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improve- ment in said district as designated in Council Resolution No. 37-82. THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Monday, May 17, 1982 at 8:00 P.M. to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten. (10) days prior to the aforesaid date of May 17, 1982; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assess- ment roll in the City Assessor's office. By Councilwoman Gundersen, seconded by Councilman Taylor, and unanimously adopted, it was #278-82 WHEREAS, pursuant to the direction of the City Council in its resolution no. 36-82, adopted on January 13, 1982, and in accordance with Section 2-510 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the 19813 Council under date of April 5, 1982 an assessment roll dated April 2, 1982 for the improvement consisting of placing 4" of asphalt surface on an existing aggregate base on Oporto Avenue between Five Mile Road and. Puritan Road in Section 14 containing the special assessments to be assessed and, levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution No. 36-82. THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Monday, May 17, 1982 at 8:00 P.M. to review the said. Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said. City, at least ten (10) days prior to the aforesaid date of May 17, 1982; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and, every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Feenstra, seconded by Councilman Bishop, it was #279-82 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan, intends to issue special assessment bonds for the purpose of defraying various Special Assessment Districts, share of the cost in connection with certain paving improvements in the City; and WHEREAS, notice of intent to issue bonds must be published at least forty-five (45) days before the issuance of the bonds in order to comply with the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Clerk shall publish a notice of intent to issue bonds in the Observer-Eccentric, a newspaper of general circulation in tha City, as a display advertisement at least one-quarter (1/4) page in size. 2. The notice of intent so published shall be in substantially the following form: 19814 OFFICIAL NOTICE TO ELECTORS OF THE CITY OF LIVONIA OF INTENT TO ISSUE BONDS SECURED BY THE TAXING POWER OF THE CITY AND RIGHT OF REFERENDUM THEREON PLEASE TAKE NOTICE that the City Council of the City of Livonia, County of Wayne, Michigan, intends to issue special assessment bonds of the City in the total principal amount of not to exceed $800,000 for the purpose of defraying various Special Assessment Districts' share of the cost of paving improvements in said special assessment districts in the City. The special assessment bonds shall mature serially in not to exceed fifteen (15) annual installments, with interest payable on the unpaid balance at a rate of not to exceed 13% per annum, or such higher rate of interest as may be authorized by law. SOURCE OF PAYMENT OF BONDS The principal and interest of the special assessment bonds shall be payable primarily from collections of an equal amount of special assess- ments and the bonds shall also pledge the full faith and credit of the City of Livonia. IN CASE OF THE INSUFFICIENCY OF THE SPECIAL ASSESSMENTS, THE PRINCIPAL AND INTEREST ON THE BONDS SHALL BE PAYABLE FROM THE GENERAL FUNDS OF THE CITY OR, IF NECESSARY, FROM AD VALOREM TAXES LEVIED UPON ALL TAXABLE PROPERTY IN THE CITY, SUBJECT TO APPLICABLE CHARTER, STATUTORY AND CONSTITUTIONAL LIMITATIONS. RIGHT OF REFERENDUM THE BONDS WILL BE ISSUED WITHOUT VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING AN ELECTION ON THE QUESTION OF ISSUING THE BONDS, SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS IN THE CITY, IS FILED WITH THE CITY COUNCIL BY DEPOSITING SAID PETITION WITH THE CITY CLERK WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE. If such a petition is filed, the bonds cannot be issued without an approving vote of a majority of electors voting on the question. THIS NOTICE is given pursuant to the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended. Further information concerning the matters set out in this notice may be secured from. the City Clerk's office. City Clerk 3. The City Council determines that the foregoing form of notice of intent to issue bonds and the manner of publication directed is adequate notice to the electors of the City and is well calculated to inform them of the intention of the City to issue the bonds, the purpose of the bond 19815 Imoissue, the security for the bonds, and the right of referendum of the electors with respect thereto under all of the circumstances, as required by law. 4. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A _ro-1 call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Gundersen, Bishop, Bennett, Taylor and McCann. NAYS: None. By Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #280-82 RESOLVED, that having considered the report and recommendation of. the Capital Improvement Committee dated April 7, 1982 submitted pursuant to CR-1056-79 in connection with a communication from the Mayor dated October 1, 1979, to which is attached a letter from the Craig M. Dix American Heritage V.F.W. Post 7727, P. 0. Box 2573, Livonia, Michigan, to which is attached a check in the amount of $225.00 donated to the City of Livonia for the purpose of establishing a suitable memorial to Craig Dix who was reported missing in action in the Vietnam War, the Council does hereby request that the City Planning Department submit its report and recommendation with regard to the design of an appropriate plaque or memorial to Craig M. Dix. By Councilman Taylor, seconded by Councilman Bennett, and unanimously idopted, this 979th Regular Meeting of the Council of the City of Livonia was duly ,Iddjourned at 9:25 P. M. , April 7, 1982. / 71 ROBERT F. NASH, CITY CLERK