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HomeMy WebLinkAboutCOUNCIL MINUTES 1978-04-05 16966 MINUTES OF THE EIGHT HUNDRED AND EIGHTIETH REGULAR MEETING lio OF THE COUNCIL OF THE CITY OF LIVONIA On April 5, 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 Coun- cil at approximately 8:00 P. M. . Councilman Brown delivered the invocation. Roll was called with the following result: Present--Robert E. McCann, Robert F. Nash, Jerry Raymond, Robert D. Bennett, Robert R. Bishop, Jerry H. Brown and Peter A. Ventura. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk, Frances S. Stem, Deputy City Clerk, Harry C. Tatigian, City Attorney, Jack Dodge, Director of Finance, Ronald Mardiros, City Assessor, Robert Osborn, Director of Rzblic Works, John T. Dufour, Superintendent of Parks and Recreation, Robert Turner, Fblice Chief; G. E. Siemert, City Engineer, Dan Gilmartin, Industrial Coordinator, H. G. Shane, Planning Department, Chella Lewis, Civil Service Department, and Martin Reiser, Water and Sewer Board. By Councilman Nash, seconded by Councilman Raymond, and *unanimously adopted, it was #260-78 RESOLVED, that the minutes of the 879th Regular Meeting of the Council of the City of Livonia, held March 15, 1978, are hereby approved. *Councilman Ventura abstained from voting, which is recorded as a "yes" vote under the provisions of Section 2-119 of the Livonia Code of Ordinances. Councilman Nash took from the table, for second reading and adoption, 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. 76-10-1-40 FOR CHANGE OF ZONING FROM RUFC TO P. 16967 A roll cs-11 vote was taken on the foregoing Ordinance with the following result. AYES: Brown, Raymond, Bishop, Ventura, Nash and McCann. NAYS: Bennett. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Brown took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 24 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. 77-8-1-27 FOR CHANGE OF ZONING FROM RUF TO R-2. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. Immt NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Bishop, seconded by Councilman Brown, it was #261-78 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated March 1, 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 accept the following bids for the Public Service Division (Golf Course and Park Section) with Fertilizer at the Unit Prices Bid per ton and per bag, which bids are in fact the lowest received and meet all specifications: a) W. .F. Miller Garden & Lawn Equipment Co. , 1593 S. Woodward Avenue, Birmingham, Michigan 48011 Material to be furnished Unit Prices Bid 12-4-8- Fertilizer for Parks $183.00 per ton 32-0-0 Fertilizer for Fairways 318.75 per ton b) L & E Chemical Division of Lawn Equipment Corporation, 520 W. Eleven Mile Road, Royal Oak, Michigan 48067 _ Material to be furnished Unit Prices Bid 31-0-0 Fertilizer for Fairways $499.00 per ton 16968 c) 0. M. Scott & Sons Company, Proturf Division, Marysville, Ohio 43040 Material to be furnished Unit Prices Bid 22-0-16 Fertilizer for Greens $15.50 per bag 28-0-7 Fertilizer Plus Fungicide for Greens 31.00 per bag. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bennett, it was #262-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 16, 1978, which bears the signature of the Finance Director, is approved by the Superintendent of Parks & Recreation and the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the Unit Price Bid of Cope- land Asphalt Company, 25500 Meadowbrook, Novi, Michigan, for the construc- tion of three Tennis Courts at Ford Field (Contract 78-D) for the estimat- ed total cost of $30,424.60, based upon the Engineering Division's estimate of units of work involved and subject to a Final Payment based upon the actual units of work completed, in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, and the Council does hereby appropriate a sum not to exceed $30,424.60 from the 4.4 Million Dollar Parks and Recreation General Obligation Bond Issue for this purpose, which amount shall be reimbursed to said bond issue at such time as funds are obtained in the event the City ultimately sells the 37 acre park site located north of Six Mile Road and west of Stevenson High School in Section 9, and the Director of Public Works is hereby authorized to approve any minor adjustments in the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES• Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS- None. By Councilman Bishop, seconded by Councilman Ventura, it was #263-78 RESOLVED, that having considered a communication from the Super- intendent of Public Service, dated March 6, 1978, which bears the signa- ture of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, wherein certain transfer of funds is requested in order to more effectively utilize three pieces of equipment and their assigned operators, the Council does hereby determine to authorize the following budget transfers. 16969 FROM: PARK MAINTENANCE ACCOUNTS Account Ntunber Description Amount 101-704-701.000.000 Salaries and Wages $34,808.00 101-704-715.000.000 Employees's Social Security-FICA 2,106.00 101-704-717.000.000 Holiday and Longevity Pay 2,100.00 101-704-719.000.000 Medical Payments 2,862.00 101-704-720.000.000 Life Insurance 363.00 101-704-947.000.000 Transportation Rental 1,,140.00 101-704-722.000.000 Retirement 3,244.00 TO: ROAD MAINTENANCE ACCOUNTS 101-463-702.000.000 Salaries and Wages $34,808.00 l01-463-715.000.000 Employee's Social Security'FICA 2,106.00 101-463-717.000.000 Holiday and Longevity Pay 2,100.00 101-463-719.000.000 Medical Payments 2,862.00 101-463-720.000.000 Life Insurance 363.00 101-463-722.000.000 Retirement 3,244.00 101-463-947.000.000 Transportation Rental 19,140.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #264-78 RESOLVED, that having considered a communication from the Veterans Director/Public Relations of the Allied Veterans' Committee of Livonia, Michigan, dated February 24, 1978, with regard to the annual Memorial Day Parade and the special activities to be conducted on Sunday, May 28, 1978„between the hours of 1 00 p. m. to 4.30 p. m., the Council does hereby grant permission to said Allied Veterans' Committee to conduct such parade, which parade will begin at Five Mile and Berwick and proceed westward to Farmington Road, then South to Ford Field, with Special Activities to be held at Veterans Memorial Park prior to the parade and at Eddie Edgar Sports Arena immediately following the parade, further, the Council does hereby request the Parks and Recreation Commis- sion, together with interested citizens, to do all things necessary in organizing and in assisting with such parade, further, the Council does hereby request that the Police Department extend all necessary assistance with respect to all matters under its jurisdiction which may be required or pertinent to the conduct and success of the Memorial Day activities. By Councilman Raymond, seconded by Councilman Bennett, it was #265-78 RESOLVED, that having considered a communication dated March 8, 1978 from the Michigan Liquor Control Commission with regard to an application from Ms. Winifred Olivia Garlow of 30311 Hunters Drive, Farmington Hills, Michigan and Mr. Peter Francis Zurek of 30981 Lyndon, Livonia, Michigan, for a new full year Class C License to be located in Livonia, Michigan, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration, along with all other such applications. 16970 A roll call vote was taken on the foregoing resolution with the following result AYES• Brown, *Raymond, Bennett, Bishop, Nash and McCann. NAYS• **Ventura. The President declared the resolution adopted. *Councilman Raymond made the following statement . My 'yes' is no way meant to imply affirmation with respect to this request, but I feel that the peti- tioner should be able to make his presentation. **Councilman Ventura made the following statement My 'no' vote is cast because I believe that a petitioner for a Class "C" License should be given the opportunity to come in and present his plans for same. By Councilman Ventura, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated November 21, 1977, and the report and recommendation of the Chief of Police, dated March 10, 1978, with respect to the request from Albert Andrew Fazakas for a new SDM License to be located at 16721 Middlebelt Road, Livonia, Michigan 48154 (for establishment known as "Sir Albert's Butcher Shop"), the Council does hereby determine that it has no objection to approval of the said request inasmuch as the same would meet all local statutory and ordinance re- quirements, and the City Clerk is hereby requested to transmit 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: Ventura. NAYS: Brown, Raymond, Bennett, Bishop, Nash and McCann. The President declared the resolution DENIED. By Councilman Bishop, seconded by Councilman Raymond, it was /266-78 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated November 21, 1977, and the report and recommendation of the Chief of Police, dated March 10, 1978, with respect to the request from Albert Andrew Fazakas for a new SDM License to be located at 16721 Middlebelt Road, Livonia, Michigan 48154 (for establishment known as "Sir Albert's Butcher Shop"), the Council does hereby recommend that the Liquor Control Commission deny the said request inasmuch as an additional SDM License in this area would be detri- mental to the City of Livonia and its residents, and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. 16971 A roll call vote was taken on the foregoing resolution with the following result AYES• Brown, Raymond, Bennett, Bishop, Nash and McCann. NAYS• Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bishop, it was 4267-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 27, 1978, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Item "B" of Council Resolution 658-74 adopted on August 21, 1974, and subsequently amended by Council Resolution 1038-75 adopted on December 17, 1975, so as to reduce the Financial Assurances now on deposit with the City for Sidewalks in the Argyle Park Subdivision located in the N. W. 1/4 of Section 10 to $5500.00 cash to cover the cost of remaining sidewfO k improvements in said subdivision, and the Financial Assurances now on deposit with the City, if any, shall be reduced accord- ingly, further, the other financial assurances now on deposit with the City including those for general improvements shall remain the same and un- changed, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result AYES Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS None. *Councilman Nash was excused at 8 20 p. m. By Councilman Raymond, seconded by Councilman Bishop, it was #268-78 RESOLVED, that having considered a communication dated February 27, 1978 from the City Planning Commission which transmits its resolution 2-27-78 adopted on February 14, 1978, with regard to Petition 77-12-2-28 submitted by Dimitrios and Sylvia Gotsis requesting waiver use approval to establish a Class C liquor licensed operation in a restaurant proposed for property zoned C-2 located on the northeast corner of Middlebelt Road and Broadmoor in the Southwest 1/4 of Section 13, the Council does hereby determine to concur in the recommendation made by the City Planning Com- mission and Petition 77-12-2-28 is hereby approved and granted, such approval to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result _ ne AYES. Brown, Raymond, Bennett, Bishop, Ventura and McCann. NAYS: None. *Councilman Nash returned at 8.21 p. m. 16972 By Councilman Nash, seconded by Councilman Brown, it was 4269-78 RESOLVED, that having considered a communication dated February 27, 1978 from the City Planning Commission which transmits its resolution 2-30-78 adopted on February 14, 1978, with regard to Petition 78-1-2-2 submitted by G. E. Associates, Architects, for Holy Cross Evangelical Lutheran Church requesting waiver use approval to construct an addition to the existing church on property zoned RUF located on the north side of Six Mile Road, east of Merriman Road, in the Southwest 1/4 of Section 11, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 78-1-2-2 is hereby approved and granted, such approval to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS• None. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was 4270-78 RESOLVED, that having considered a communication from the City Clerk, dated March 15, 1978, which transmits an audit report prepared by Plante & Moran, Certified Public Accountants, which sets but a revenue summary, possible rent reductions and exterior repairs and improvements performed by Idyl Wyld Catering, Inc. for the fiscal year ending July 31, 1977, in connection with the sublease agreement, as amended, between the City of Livonia and Idyl Wyld Catering, Inc., the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. By Councilman Nash, seconded by Councilman Brown, it was 4271-78 RESOLVED, that having considered the Ad Hoc Committee report dated April 4, 1978, relative to Rules and Regulations pertaining to Senior Citizens' "Golf Program", and submitted in connection with a petition from certain senior citizens dated March 2, 1978, the Council does hereby determine to amend and revise Council Resolution No. 79-78, adopted on February 1, 1978, so as to provide that Green Fees at Whispering Willows and Idyl Wyld Golf Courses for the 1978 season or until such time as they may be revised or altered by action Q' the City Council with regard to Senior Citizens (Residents Only) are as follows. 9 holes - $1.25 18 holes - $2.50. A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, Raymond, Bennett, Ventura*Nash and McCann. NAYS: **Bishop. The President declared the resolution adopted. 16973 *Councilman Nash made the following statement. I had stated to the petitioners that I would go along with the decision of the Council. **Councilman Bishop made the following statement. I do not feel that an increase of 25¢ was unreasonable. I do not see the logic of penalizing the younger generation and not letting the aider citizens carry part of the load. By Councilman Bennett, seconded by Councilman Bishop, it was 4272-78 RESOLVED, that having considered a communication from the Chief Librarian, dated February 28, 1978, approved for submission by the Mayor, and to which is attached a communication from the Detroit-Wayne County Area Agency on Aging, dated September l! , 1977, wherein it is indicated that the said agency has approved a grant under Title III of $13,200.00 to the City of Livonia to be used for the Senior Citizens Vest Pocket Library and Senior Citizens In-Home Services for personnel, material and services for the period October 1, 1977 through September 30, 1978, the Council does hereby determine for and on behalf of the City of Livonia to accept the said grant subject to the conditions which are set forth in the aforesaid communication, and the Livonia Public Library 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• Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was 4273-78 RESOLVED, that having considered a communication from the Livnnia Housing Commission, dated March 7, 1978, approved for submission by the Mayor, and which transmits the following documents for the Council's Consideration. CO Admission Standards, Statement of Policy and Rules of Occupancy. (2) Silver Village Lease Agreement (3) Silver Village Non-Resident Letter (4) Silver Village Application Form the Council does hereby determine to refer this item to the Legislative Committee for its report and recommendation. 16974 By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #274-78 RESOLVED, that having considered a communication from the Personnel Director, dated February 15, 1978, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on February 2, 1978 wherein it is recommended that the classifications of Home Service Worker, Outreach Worker (Home Service) and Nurse (Home Service) be established, the Council does hereby determine to refer this item back to the Civil Service Commission for clarification as to the current need, if any, to establish these positions. The communication dated March 9, 1978, from the Mayor, with respect to the clearing of Blue Grass Fark, and the awarding of the contract for the same, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Bishop, it was #275-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 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 accept the Unit Price Bid of Harry Fox, Inc., 28150 Hayes, Roseville, Michigan 48066, for the selective clearing of Blue Grass Park, Contract 78-C, for the estimated total cost of $4488.00, based upon the Engineering Division's estimate of units of work involved and subject to a Final Payment based upon the actual units of work completed, in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $4488.00 from the Unallocated Surplus Account for this purpose; and the Director of Public Works is hereby authorized to approve any minor adjustments in the work as completed, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, it was #276-78 RESOLVED, that having considered a communication from the C.E.T.A. .Program Administrator, dated February 28, 1978, approved by the Finance Director and approved for submission by the Mayor, to which are 16975 attached subcontracts with the Clarenceville School District of Oakland and Wayne Counties, the Council does hereby approve the said contracts in the manner and form submitted, 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. A roll call vote was taken on the foregoing resolution with the following result: AYES Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS None. By Councilman Nash, seconded by Councilman Bishop, it was #277-78 RESOLVED, that having considered a communication from the C.E.T.A. Program Administrator, dated March 13, 1978, approved by the Finance Director and approved for submission by the Mayor, and to which is attached a proposed CETA Title III (YCCIP/YETP) FY 1978 Contract with the Livonia Public Schools for the services of a Career Education Specialist, the Council does hereby approve the same in the manner and form submitted, and the Mayor and City Clerk are hereby requested to execute the said contract 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. A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS. None. The item on the agenda with respect to a CETA Vocational Education Contract for Auto Mechanic and Optical Dispenser, was removed by the Chair, and will be considered at the next Study Session of the Council to be conducted on April 10, 1978. By Councilman Brown, seconded by Councilman Bishop, it was #278-78 RESOLVED, that having considered a communication from the C.E.T.A. Program Administrator, dated March 14, 1978, approved by the Finance Director and approved for submission by the Mayor, and to which are attached subcontracts with the Livonia Public Schools School District of Wayne County and the Work/Education Council of Southeastern Michigan, Inc., the Council does hereby determine to approve the said Contracts in the manner and form submitted, and the Mayor and City Clerk are hereby requested to execute the said contracts for and on behalf of the City of Livonia, as well as to do all things necessary or inci- dental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. 16976 By Councilman Bishop, seconded by Councilman Brown, it was 4279-78 RESOLVED, that having considered a communication from the Mayor, dated March 9, 1978, in connection with a communication from the District Judges, dated November 14, 1977, with respect to a proposed modification of the Magistrate's Courtroom and other facilities located in the base- ment of the 16th District Court, the Council does hereby determine to retain the services of Ralls-Hamill Architects, Inc., 33900 Schoolcraft, Suite Ul, Livonia, Michigan 48150, for the purpose of preparing drawings, specifications and providing professional services in connec- tion with this proposed modification project in the manner indicated in the aforesaid communication, and the Department of Law is hereby request- ed to prepare an agreement with the aforesaid architectural firm for submission to Council. A roll call vote was taken on the foregoing resolution with the following result: AYES. Brown, Raymond, Bishop, Ventura, Nash and McCann. NAYS Bennett. The President declared the resolution adopted. The communication dated March 20, 1978 from the Director of Finance, with respect to Insurance Policies for the City of Livonia, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was 4280-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 5, 1977 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on February 27, 1978, after due notice as required by Section 2'-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code. (1) accept and approve said statement in all respects, (2) Determine to make the improvement consisting of a 27 foot wide full-depth asphalt pavement with valley wales on Curtis Avenue between Melvin and the Coolidge Elementary School in Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in pro- portion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated December 5, 1977- 16977 (4) determine that the estimated cost of such improvement is $49,244.51, (5) determine that the cost of said improvement thall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; (6) that the proportion of the paving cost and expense of said improvement to be borne and paid by the City shall be 15% ($9280.88), and 20% ($12,628.00) with respect to City property, and that the balance of said cost and expense of said public improvement amounting to $21,148.38 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows : A special assessment district in the E. 1/2 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as containing the following described property. Lots 27 & 28 of O'Connor and Fbrter's Subdivision and Wayne County Bureau of Taxation Parcels 11C16a2, 1lEElbl-HIi1b1, 11IIla, 11II2a1 and 11JJ1. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordi- nances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code, 16978 (11) and the Council does hereby request that the Livonia Board of Education agree to assume their share of the cost of this project which is estimated to be in the amount of $6187.25. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #281-78 RESOLVED, that the Council having considered a communication from the City Engineer, dated December 5, 1977, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the proposed improvement of Curtis Avenue between Melvin and the Coolidge Elementary Schoolin Section 11, the Council does hereby request that the School Board and City Council Joint Committee give consideration to the question of whether or not the barriers on Purlingbrook should be removed in order to provide egress to and iggress from the Coolidge Elementary School in Section 11, and thereafter the Committee is requested to submit its report and recommendation to Council. By Councilman Nash, seconded by Councilman Raymond, it was #282-78 RESOLVED, that the Council having considered a communication from the City Engineer, dated December 5, 1977, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the proposed improvement of Curtis Avenue between Melvin and the Coolidge Elementary School in Section 11, the Council does hereby re- quest the Wayne County Drain Commissioner to return the sum of $7600.00 to the City of Livonia from such surplus funds as may be available in the Livonia Drain No. 16 and/or Livonia Drain No. 16 Extensions and Branches Account for the purpose of constructing the storm sewer needed on this portion of Curtis Avenue, and the City Clerk 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 Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #283-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 24+, 1977 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on February 27, 1978, after due notice as required by Section 2-507 of said Code, and after care- ful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: 16979 (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of a 27 foot wide deep-strength asphalt pavement with valley males on Doris Avenue between Seven Mile Road and Curtis Avenue, in the N. E. 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated October 24, 1977, (4) determine that the estimated cost of such improvements is $115,188.95, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% ($17,278.34) and that the balance of said cost and expense of said public improvement amounting to $95,810.61 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A special assessment district in the N. E. 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as containing the following property Lots 5 through 22, both inclusive, and lots 24 through 50, both inclusive, of O'Connor and Porter's Subdivision. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, 16980 (10) that upon the completion of said roll the City Assessor shR,11 attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and, file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by section 2-511 of the said Code, and (11) and the Council does hereby request that the Livonia Board of Education agree to assume their share in the cost of this project which is estimated to be in the amount of $2100.00. By Councilman Nash, seconded. by Councilman Ventura, it was #284-78 RESOLVED, that the Council having considered a communication from the City Engineer, dated October 24, 1977, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the proposed improvement of Doris Avenue between Seven Mile Road and. Curtis Avenue in the N. E. 1/4 of Section 11, the Council does hereby tequest the Wayne County Drain Commissioner to return the sum of $75,000.00 to the City of Livonia from such surplus funds as may be available in the Livonia Drain No. 16 and/or Livonia Drain No. 16 Extensions and Branches Account for the purpose of constructing the storm sewer needed on Doris Avenue between Curtis and. Seven Mile Road, and the City Clerk 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: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #285-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated. October 27, 1977 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on February 27, 1978, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said. Code: (1) dccept and approve said statement in all respects; (2) determine to make the improvement consisting of a 32 foot wide full-depth asphalt pavement with concrete curbs and gutters on Deering Avenue between Seven Mile Road and Curtis Avenue in the N. E. 1/4 of Section 12, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 16981 (3) approve the plans and specifications for said improvement as set forth in said statement dated October 27, 1977, (4) determine that the estimated cost of said improvement is $160,383.33, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 28% ($44,907.33 - usual 15% share plus 13% for the increased width and thickness), and that the balance of said cost and expense of said public improvement amounting to $115,476.00 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 ben- efits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A special assessment district in the N. E. 1/4 of Section 12, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as containing the following property. Lots 23 to 26, both inclusive, lots 27 to 30a, both inclusive, lots 212 through 264, both inclusive, of Sunningdale Park Subdivision and lots 1 to 12a, both inclusive, and lots 13 to 17, both inclusive, of Garden Farms Subdivision. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the spec- ial benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Count3il, and (10) that upon the completion of said roll the City Assessor shall attachethereto the certificate required by the pro- visions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the 16982 same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code. By Councilman Ventura, seconded by Councilman Nash, it was #286-78 WHEREAS, it is necessary to locate, establish and construct certain drainage improvements to be known as Livonia Drain No. 51, to be located entirely wiLhin and to serve only areas located entirely within the limits of the City of Livonia, the location of said storm drain improvements being as follows• Commencing at a point in Curtis Avenue approximately 250 feet West of the center line of Deering Road in the E. 1/2 of Section 12 and proceeding thence easterly along Curtis Avenue 250 feet to Deering Avenue; thence northerly along Deering Avenue 750 feet. also Commencing at the interesection of Clarita and Deering Avenues and proceeding thence northerly along Deering Avenue 700 feet, also southerly along Deering Avenue 900 feet. and WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drainage improvements are neces- sary for the public health of the City of Livonia, and the entire cost thereof, except that part representing benefits to State and County highways, should be assessed against the City of Livonia for public health; and WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956), provides a feasible method of financing the cost of said improvements where the same are necessary for the public health of the City and where the entire cost of the same is to be assessed wholly against public corporations, as defined in said Chapter 20; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to and approve the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the storm drain improvements set forth in the preamble hereof, and does hereby consent to and approve the location, establishing, constructing and improving of the same pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed storm drain improvements set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition 16983 praying for the location, establishing, constructing and improving of the same, as set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commission- er of the County of Wayne, Michigan, together with a certified copy of this resolution. 3. In the event the proposed improvements herein authorized to be petitioned for are for any reason not financed or constructed pursuant to the petition duly filed, the City of Livonia shall assume and pay all cost incurred by the statutory drainage board in acting upon said petition pursuant to the requirements of the law. 4. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and they hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result AYES: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #287-78 RESOLVED, that having considered a communication dated December 27, 1977 from the City Planning Commission which tran mits its resolution 12-270-77 adopted on December 13, 1977 with regard to Petition 77-7-2-15 submitted by Brightmoor Tabernacle requesting waiver use approval to construct a new church and church elementary school building on property zoned R-4-B located on the north side of Six Mile Road, east of Wayne Road, in the Southwest 1/4 of Section 9, the Coun- cil does hereby determine to reject the recommendation of the Planning Commission and Petition 77-7-2-15 is hereby denied, the Council having determined as a matter of fact that the Petitioner has failed to affirmatively demonstrate that the proposed waiver use complies with the general standards and requirements set forth in Section 19.06 of the Zoning Ordinance. A roll call vote was taken on the foregoing resolution with the following result AYES: Brown, Bennett, Ventura and McCann. NAYS: Raymond, Bishop and Nash. The President declared the resolution adopted. By CouncilmAn Ventura, seconded by Councilman Bishop, it was #288-78 RESOLVED, that having considered a communication dated February 8, 1978 from the City Planning Commission which transmits its resolution 1-16-78 adopted on January 31, 1978 with regard to Petition 77-11-2-24 submitted by Mario Fallone requesting waiver use approval ':1 16984 to establish an S.D.D. Liquor Licensed operation in an existing com- mercial business on property zoned C-1 located on the east side of Middlebelt Road, south of Bretton Road in the Southwest 1/4 of Section 1, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 77-11-2-24 is hereby approved and granted, such approval to be based upon the same condi- tions as are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES. Raymond, Bennett, Bishop and Ventura. NAYS: Brown, Nash and McCann. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Bishop, it was 4289-78 RESOLVED, that having considered a communication dated November 29, 1977 from the City Planning Commission which transmits its resolution 11-261-77 adopted on November 22, 1977 with regard to Petition 76-5-2-7 submitted by Livonia Trade Center requesting waiver use approval to construct a restaurant on property zoned C-2 located on the south side of Eight Mile Road between Middlebelt and Brentwood in the Northwest 1/4 of Section 1, and the Council having conducted a public hearing with regard to this matter on February 27, 1978, pursuant to Council Resolution 1119-77, the Council does hereby deter- mine to reject the recommendation made by the City Planning Commission and Petition 76-5-2-7 is hereby approved and granted, and the approval herein granted is based upon and made subject to compliance with the condition that the Air Filtering System of this facility be approved by Wayne County Environmental Control. A roll call vote was taken on the foregoing resolution with the following result: AYES• Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Ventura, seconded by *Councilman Brown, it was RESOLVED, that having considered a communication from the Department of Assessment, dated February 15, 1978, approved for sub- mission by the Mayor, with regard to a request from Mr. Michael Schwartz, United Homes, Inc. , 24801 Five Mile Road, Detroit, Michigan 48239, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division of Tax Item No. 46 046 99 0126 000 (12B12c) would not be contrary to the spirit and purpose of the afore- said ordinance and does, accordingly, approve of dividing the same into two parcels, the legal descriptions of which shall read as follows• 16985 Parcel A The East 1/2 of the following described parcel• Commencing at the N. 1/4 corner of Section 12, T. 1 S. , R. 9 E., running thence south along the N. & S. 1/4 line of said Section a distance of 1647.88' to north line of Pickford Avenue, thence N. 89° 45' 00" W. along north line of Pickford Avenue 361.44' to west street line of Brentwood Avenue for a point of beginning, thence continuing N. 89° 45' 00" W. along north line of Pickford Avenue 218.80' , thence north 108.0' , thence south 89° 45' 00" E. 218.80' to west street line of Brentwood Avenue, thence south along said west line of Brentwood Avenue 108.0' to the point of beginning. Subject to easements and restrictions of record, if any. AND Parcel B The West 1/2 of the following described parcel. Commencing at the N. 1/4 corner of Section 12, T. 1 S., R. 9 E., running thence south along the N. & S. 1/4 line of said Section a distance of 1647.88' to north line of Pickford Avenue, thence N. 89° 45' 00" W. along north line of Pickford Avenue 361.44' to west street line of Brentwood Avenue for a point of beginning, thence continuing N. 89° 45' 00" W. along north line of Pickford Avenue 218.80' , thence north 108.0', thence south 89° 45' 00" E. 218.80' to west street line of Brentwood Avenue, thence south along said west line of Brentwood Avenue 108.0' to the point of beginning. Subject to easements and restrictions of record, if any. as shown on the map attached to the aforesaid communication which is made a part hereof by this reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. *A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura and McCann. NAYS• Raymond, Bennett, Bishop and Nash. The President declared the resolution DENIED. *Councilman Brown was excused subsequent to supporting the foregoing resolution. By Councilman Nash, seconded by Councilman Bennett, it was #290-78 RESOLVED, that having considered a communication from the Department of Assessment, dated February 15, 1978, approved for sub- mission by the Mayor, with regard to a request from Mr. Michael Schwartz, United Homes, Inc., 24801 Five Mile Road, Detroit, Michigan 16986 48239, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby determine to deny the request for dividing Tax Item No. 46 046 99 0126 000 (12)312c) into two 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: Raymond, Bennett, Bishop and Nash. NAYS: Ventura and McCann. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #291-78 RESOLVED, that having considered a communication dated October 14, 1977 from the City Planning Commission which sets forth its resolution 10-206-?7 with regard to Petition 77-8-1-30 submitted by Amoco Oil Company for a change of zoning on property located on the southwest corner of Farmington and Schoolcraft Roads in the Northeast 1/4 of Section 28, from M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on February 27, 1978, pursuant to Council Resolution 1077-77, the Council does hereby deter- mine to refer the same to the Study Session of the Council to be conducted on Monday, April 24, 1978. *Councilman Brown returned at 9.35 p. m. By Councilman Ventura, seconded by Councilman Nash, it was #292-78 RESOLVED, that having considered a communcation dated November 16, 1977 from the City Planning Commission which sets forth its resolution 11-237-77 with regard to Petition 77-8-1-28 submitted by the First Church of the Nazarene for a change of zoning on property located north of Seven Mile Road between the I-96/275 Freeway and Haggerty Road in the Southwest 1/4 of Section 6, from M-1 to RUF and R-9, and the Council having conducted a public hearing with regard to this matter on March 13, 1978, pursuant to Council Resolution No. 1121-77, the Council does hereby determine to take no further action with respect to this matter in view of a communication from the Detroit First Church of the Nazarene, dated March 3, 1978, wherein it is indicated that the said petitioner is no longer desirous of ob- taining a zoning change and that its option concerning this property did expire on December 1, 1977 and that it was unable to secure an extension of the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS. None. 16987 By Councilman Nash, seconded by Councilman Bennett, it was 4293-78 RESOLVED, that having considered a communication dated November 15, 1977 from the City Planning Commission which sets forth its resolution 11-230-77 with regard to Petition 77-9-1-33 submitted by the City Planning Commission pursuant to Council Resolution 803-77 for a change of zoning on property located north of Seven Mile Road between Newburgh Road and Fitzgerald in the Southwest 1/4 of Section 5, from P.L. to RUFC, and the Council having conducted a public hearing with regard to this matter on March 13, 1978, pursuant to Council Resolution No. 1121-77, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 77-9-1-33 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 requuested 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 Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Bishop, it was 4294-78 RESOLVED, that having considered a communication dated November 15, 1977 from the City Planning Commission which sets forth its resolution 11-231-77 with regard to Petition 77-9-1-34 submitted by the City Planning Commission, pursuant to Council Resolution No. 803-77, for a change of zoning on property located south of Six Mile Road, west of Newburgh Road in the East 1/2 of Section 18, from P.L. to R-3-B, and the Council having conducted a public hearing with regard to this matter on March 13, 1978, pursuant to Council Resolution No. 1121-77, the Council does hereby concur in the recommendation of the Planning Commission and the said. Petition 77-9-1-34 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indidating 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. Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #295-78 RESOLVED, that having considered a communication dated November 15, 1977 from the City Planting Commission which sets forth 16988 its resolution 11-232-77 with regard to Petition 77-10-1-35 submitted by Arthur 0. and Joyce C. Carmichael for a change of zoning on property located on the east side of Haggerty Road, north of Seven Mile Road in the Southwest 1/4 of Section 6, from M-1 to P.S., and the Council having conducted a public hearing with regard to this matter on March 13, 1978, pursuant to Council Resolution No. 1121-77, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 77-10-1-35 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prewmed 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• Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS. None. *Councilman Ventura was excused at 9 43 p. m. By Councilman Nash, seconded by Councilman Brown, it was #296-78 RESOLVED, that having considered a communication dated December 5, 1977 from the City Planning Commission which sets forth its resolution 11-255-77 with regard to Petition 77-10-1-41 submitted by the City Planning Commission, pursuant to Council Resolution 833-77, for a change of zoning on property located at the southeast corner of Six Mile Road and Haggerty Road in the Northwest 1/4 of Section 18, from M-1 to R-7, and the Council having conducted a public hearing with regard to this matter on March 13, 1978, pursuant to Council Resolution No. 1127-77, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 77-10-1-41 is hereby approved and grant- ed, 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. By Councilman Bennett, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication dated December 5, 1977 from the City Planning Commission which sets forth its resolution 11-255-77 with regard to Petition 77-10-1-41 submitted by the City Planning Commission, pursuant to Council Resolution 833-77, for a change of zoning on property located at the southeast corner of Six Mile Road and Haggerty Road in the Northweet 1/4 of Section 18, from M-1 to R-7, and the Council having conducted a public hearing with regard to this matter on March 13, 1978, pursuant to Council Resolution No. 1127-77, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration. 16989 A roll call vote was taken on the motion to refer, with the following result: AYES. Brown, Bennett and Bishop. NAYS: Raymond, Nash and. McCann. The President declared the motion to refer, DENIED. A roll call vote was taken on the original resolution with the following result. AYES: Brown, Raymond, Bishop, Nash and McCann. NAYS: Bennett. The President declared the resolution adopted. *Councilman Ventura returned at 9:46 p. m. By Councilman Bishop, seconded by Councilman Ventura, it was 0297-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 19, 1977 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 20, 1978, after due notice as required by Section 2-507 of said. Code, and careful considera- tion having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the instal- lation of ornamental street lighting with underground wir- ing in Blue Grass Estates Subdivision in the East 1/2 of Section 18, City of Livonia, Wayne Caanty, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for the improvement as set forth in said statement dated December 19, 1977, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: Lots 1 through 107, both inclusive, Blue Grass Estates, as recorded in Liber 97, Pages 66, 67 and 68, Wayne County Records, said subdivision being of part of the E. 1/2 of Section 18, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. 16990 (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer, dated December 19, 1977; and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who there- upon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result: AYES. Brown, Raymond, Bishop, Ventura, Nash and McCann. NAYS. Bennett. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was 0298-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 15, 1977 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 20, 1978, after due notice as required by Section 2-507 of said Code, and, careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code. CO accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of street lighting onVeronica Drive, east of Levan Road, in the N. E. 1/4 of Section 29, City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for the improvement as set forth in said statement dated December 15, 1977; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shill be paid in annual installments according to said statement, 16991 (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A special assessment district located in Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as Bureau of Taxation Parcels 29C1a2,Clbla, 29C1b1b1,C2c,C3c,G4a1b; 294ala and 29G5a1,G6a. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer, dated December 15, 1977, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who there- upon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #299-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 14, 1977 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 20, 1978, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby determine to refer the matter of the proposed street lighting in Algonquin Park Subdivision in the N. E. 1/4 of Section 23, City of Livonia, to the Study Session to beconducted on Monday, April 24, 1978. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #300-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 14, 1977, and a public hearing having been held on the question of whether or not to install ornamental street lighting with underground wiring in the Algonquin Park Subdivision in the N. E. 1/4 of Section 33, pursuant to Council Resolution 107-78, the Council does hereby request that the Chief of Fblice submit a five year report relative tovrandalism and crime in the Algonquin Park Subdivision. *Councilman Brown was excused at 9 50 p. m. By Councilman Nash, seconded by Councilman Bennett, and *unanimously adopted, it was 16992 #301-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 21, 1977 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 20, 1978, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code. (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring in Tanglewood Subdivision (excluding any lights on Lyndon Avenue) in the East 1/2 of Section 20, City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for the improvement as set forth in said statement dated December 21, 1977; (4) determine that the cost of such improvement shall be paid by specialassessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual t stallments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows• Lots 1 through 31, both inclusive, Tanglewood Subdivision, as recorded in Liber 97, Pages 84 and 85, and Lots 124, 125 and 148 of Idyl Wyld Estates Subdivision No. 2 as recorded in Liber 88, Page 60, Wayne County Records, said subdivi- sions being a part of the East 1/2 of Section 20, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer, dated December 21, 1977 and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who there- upon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. *Councilman Brown returned at 9 51 p. m. 16993 By Councilman Ventura, seconded by Councilman Nash, it was #302-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 21, 1977 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 20, 1978, after due notice as required by Section 2-507 of said Code, and careful con- sideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring in Windridge Subdivision in the S.E. 1/4 of Section 4, City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for the improvement as set forth in said statement dated December 21, 1977, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the lands and premises upon which special assessments shall be levied as follows Lots 1 tbranah 83, both inclusive, Windridge Subdivision, said subdivision being of part of the S. E. 1/4 of Section 4, City of Livonia, Wayne County, Michigan. (Commonly known as Bureau of Taxation Parcel HH6 and IIlbJJ9a2) (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer, dated December 21, 1977, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who there- upon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. 16994 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Bishop, Ventura, Nash and McCann. NAYS: Bennett. The President declared the resolution adopted. *CounciLman Nash was excused at 10 00 p. m. By Councilman Ventura, seconded by Councilman Brown, it was #303-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 21, 1977 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 20, 1978, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the instal- lation of ornamental street lighting with underground wiring in Brookwood ' West Subdivision in the S. W. 1/4 of Section 11, City of Livonia, Wayne County, Michigan, as described in said statement, and defrAy the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for the improvement as set forth in said statement dated December 21, 1977; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited. (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows. Lots 1 through 38, both inclusive, of Brookwood West Sub- division, said subdivision being of part of the S. W. 1/4 of Section 11, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan. (Commonly known as Bureau of Taxation Parcels 11)cla and 11X2a) (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer, dated. December 21, 1977, and 16995 (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result . AYES: Brown, Bishop, Ventura and McCann. NAYS: Raymond and Bennett. The President declared the resolution adopted. *Councilman Nash returned at 10:01 p. m. By Councilman Ventura, seconded by Councilman Brown, it was #304-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 21, 1977 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 20, 1978, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code. (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the instal- lation of ornamental street lighting with underground wiring in Francavilla Subdivision No. 2 and Lots 425 through 432, both inclusive, Seven Mile Super Highway Subdivision in the S. E. 1/4 of Section 9, City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for the improvement as set forth in said statement dated December 21, 1977; (14) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows . 16996 A special assessment district located in the S. E. 1/4 of Section 9, T. 1 S., R. 9 E , City of Livonia, Wayne County, Michigan being more particularly described as Lots 121 through 217, both inclusive, Francavilla Subdivision No. 2, and Lots 425 through 432, both inclusive, Seven Mile Super Hwy. Subdivision, City of Livonia, Wayne County, Michigan, and Bureau of Taxation Parcel 09H2. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer, dated December 21, 1977, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who there- upon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. A roll cal1 vote was taken on the foregoing resolution with the following result: AYES: Brown, Bishop, Ventura, Nash and McCann. NAYS: Raymond and Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Nash, it was #305-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 19, 1977 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 20, 1978, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code. (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the instal- lation of ornamental street lighting with underground wiring in Ron-Mar Estates Subdivision in the N. 1/2 of Section 19, City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived Lor to be derived, (3) approve the plans and specifications for the improvement as set forth in said statement dated December 19, 1977, 16997 (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and, premises upon which special assessments shall be levied as follows: Lots 1 through 16, both inclusive, and Lots 19 through 25, both inclusive, Ron-Mar Estates (commonly known as Part of Bureau of Taxation Parcel 19D1,El,C2b1 and all of 19C2a2), said, subdivision being of part of the North 1/2 of Section 19, City of Livonia, Wayne County, Michigan, and that part of Bureau of Taxation Parcel 19C2a2a,C2b1,D1a, Ela, being more particulary described as beginning at a point on the South line of Five Mile Road, 120 feet wide, distant S. 0° 0' 49" E., along the N. and. S. 1/4 line of Section 19, T. 1 S., R. 9 E., City of Livonia,Wayne County, Michigan, 60.0 feet and N. 89° 55 50" W., 20.0 feet from the North 1/4 corner of Section 19, thence S. 0° 0' 49" E., 153.62 feet, thence S. 38° 31' 04" W., 40.08 feet, thence along a curve to the left, having a radius of 60.0 feet and an arc distance of 99.89 feet, thence along a curve to the right having a radius of 50.0 feet and an arc distance of 39.35 feet, thence N. 11° 47' 09" W., 112.33 feet; thence N. 0° 04' 10" E., 111.0 feet, thence S. 89° 55' 50" E. ,along the south line of Five Mile Road 167.01 feet to the point of beginning. (7) direct the City Assessor to rrepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer, dated. December 19, 1977, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the pro- visions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. A roll cRli vote was taken on the foregoing resolution with the following result AYES: Brown, Bishop, Ventura, Nash and McCann. NAYS: Raymond and. Bennett. The President declared the resolution adopted. 16998 By Councilman Ventura, seconded by Councilman Brown, it was #306-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 21, 1977 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 20, 1978, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of ornamental street lighting with under- ground wiring in Tiffany Square Subdivision in the N. E. ' 1/4 of Section 8, City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits de- rived or to be derived, (3) approve the plans and specifications for the improvement as set forth in said statement dated December 21, 1977, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows• Lots 1 through 25, both inclusive, Tiffany Square Sub- division, as recorded in Liber 97, Pages 73 and 74, Wayne County Records, said subdivision being part of the N. E. 1/4 of Section 8, T. 1 S , R. 9 E , and Bureau of Taxation Parcels 09b1b3,2a2c and 09b1b4,2a2d in the N. W. 1/4 of Section 9, City of Livonia, Wayne County, Michigan. (7) direct the City Assessor to prepare a special assessment toll in accordance with the Council's determination on said statement as prepared by the City Engineer, dated December 21, 1977, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordi- nances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same ,to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. 16999 L A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Bishop, Ventura, Nash and McCann. NAYS Raymond and Bennett The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Ventura, it was #307-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 8, 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 accept the Unit Price Bid of Conco Midwest, Incorporated, 1115 North Main Street, Racine, Wisconsin 53+02, for the 1978 Concrete Pavement Joint and Crack Sealing Program for the estimated total cost of $171,928.58, based upon the Engineering Division's estimate of units of work involved, and subject to a Final Payment based upon the actual units of work completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest and only bid received for this item, and the Council does hereby determine to appropriate and authorize the expenditure of a sum not to exceed $171,928.58 from the 9.8 Million Dollar Street and Road General Obligation Bond Issue, subject to the provision that this amount shall be reimbursed to the said bond issue at such time as funds have been made available from the sale of bonds of the 7.9 Million Dollar Street and Road General Obligation Bond Issue, 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 ca.J) vote was taken on the foregoing resolution with the following result: AYES• Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. Councilman Brown gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 7 (RETIREMENT) PLAN ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SUBSECTION (23) TO SECTION 2-705, BY AMENDING SUBSECTION (d) OF SECTION 2-730 AND SUBSECTION (a) OF SECTION 2-738, AND BY ADDING SECTION 2-748 THERETO. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in Lthe 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. 17000 Councilman Brown gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 77-12-3-11) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #308-78 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 May, 1978• Wednesday, May 3, 1978, and Wednesday, May 17, 1978. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #309-78 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 Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #310-78 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, May 15, 1978, at 8 00 P. M., at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item Petition 78-2-1-13, submitted by Rest In-the-Son, Inc., for a change of zoning of property located on the west side of Gill Road, north of Seven Mile Road, in the Southwest 1/4 of Section 4, from RUFB to R-3, the City Planning Commission having in its resolution 3-44-78 recommended to the City Council that Petition 78-2-1-13 be denied, 17001 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 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 Brown, seconded by Councilman Ventura, it was #311-78 RESOLVED, that the Council does hereby determine to authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute a retail Vehicle Lease with Bill Brown Leasing Division, 32222 Plymouth Road, Livonia, Michigan 48150, for a 1978 E-100 - 124" Iwo Wheelbase Ford Van for the current fiscal year through November 30, 1978 for a total monthly payment of $145.25, and based upon the terms and conditions as set forth in an agreement dated April 10, 1978, said vehicle to be used by the Office of the City Clerk, 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 Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, it was #312-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 22, 1978, which bears the signature of the Finance Director, is approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a copy of a letter dated March 20, 1978 from R. E Dailey & Company, Con- struction Manager, concurred in by Ralls-Hamill Architects, Inc., the Council does hereby accept the bid of R. E. Leggette Company, 9335 St. Stephens Street, Dearborn, Michigan 48126, on the basis of Deduc- tive Alternate No. 1, for the Phase III, Part 18 (Acoustical Ceilings) Construction Work of the new Civic Center Municipal Building, in the amount of $73,989.00, the same having been in fact the lowest bid received for this item and meets all specifications, and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $73,989.00 from Federal Economic Development Administration Funds for this purpose, and the Director of Public Works is authorized 17002 to approve all minor adjustments in the work as completed, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES. Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Nash, it was #313-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 22, 1978, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, to which is attached a copy of a letter dated March 20, 1978 from R. E. Dailey & Company, Construction Manager, concurred in by Ralls-Hamill Architects, Inc., the Council does hereby accept the bid of A. J. Giraud Company, 7672 W. Cuter Drive, Detroit, Michigan 48235, for the Phase III, Part 17 (lath, Plaster, Drywall & Batt and Rigid Insulation) and Part 24(Sprayed Fireproofing of Steel) Construction work of the new Civic Center Municip- al Building in the amount of $178,290.00, the same having been in fact the lowest bid received for this item and meets all specifications, and the Council does hereby appropraite and authorize the expenditure of a sum not to exceed $178,290.00 from Federal Economic Development Administration Funds for this purpose, and the Director of Public Works is authorized to approve all minor adjustments in the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #314-78 RESOLVED, that having considered a communication dated January 30, 1978 from the City Planning Commission which sets forth its resolution 1-1-78 with regard to Petition 77-11-1-42 submitted by Jack W. Belkin for a change of zoning on property located on the north side of the 1-96 Expressway between Stark Road and Stamford in the Southeast 1/4 of Section 21, from R-2 to P.S., and the Council having conducted a public hearing with regard to this matter on April 3, 1978, pursuant to Council Resolution #150-78, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration at a meeting to be conducted on April 17, 1978 at 7.00 P. M. 17003 By Councilman Bishop, seconded by Councilman Nash, it was #315-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 28, 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, and to which is attached a copy of a letter from the Construction Manager, R. E. Dailey & Company, dated March 23, 1978, with regard to Council Resolution 221-78, wherein the Council did previously accept the bid of Firebaugh-Reynolds Roofing Company, 45240 Grand River, Novi, Michigan 48050 for the Phase III, Fart 10 (Roofing and Sheet Metal) Construction Work for the new Civic Center Municipal Building, on the basis of deleting Alternate No. 1 for re-roofing the existing City Hall building, the Council does hereby determine to amend and revise Council Resolution 221-78 adopted on March 15, 1978, so as to provide that the amount of the bid awarded is more correctly $87,857.00 and not $63,114.00, and the balance of Council Resolution 221-78, except to the extent that the same has been amended and revised by the action taken herein, shall remain in full force and effect. A roll call vote was taken on the foregoing resolution with the following result AYES. Brown, Raymond, Bishop, Nash and McCann. NAYS: Bennett and Ventura. The President declared the resolution adopted. *Councilman Nash was excused at 10 14 p. m. By Councilman Bishop, seconded by Councilman Ventura, it was #316-78 RESOLVED, that having considered a communication from the City Engineer, dated April 3, 1978 approved by the Director of Public Works and the City Attorney, and approved for submission by the Mayor, and which submits a proposed agreement between the Wayne County Drain Commissioner, the proprietor of the Brookwood West Subdivision and the City of Livonia wherein the original Livonia Drain No. 13 Drainage District would be amended so as to add the subject subdivision area to the original Livonia Drain No. 13 Drainage District, the Council does hereby determine to approve the said agreement and to authorize the Mayor and City Clerk, in behalf of the City of Livonia, to execute the same in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES• Brown, Raymond, Bennett, Bishop, Ventura and McCann. NAYS. None. *Councilman Nash returned at 10 15 p. m. 17004 By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #317-78 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated April 4, 1978, and submitted pursuant to Council Resolution 415-77, in connection with a communica- tion from the Director. of Civil Defense, dated March 25, 1977, approved by the Mayor, with regard to the installation of warning sirens for Livonia, the Council does hereby request that the Civil Defense Director take bids on an alternative basis for either a six or nine warning sirens system, including complete installation cost, and that an application be submitted for a Federal Civil Defense Matching Grant to cover 50% of the cost of either six or nine warning sirens, further, that the Civil Defense Director is hereby requested to submit a report and recommenda- tion relative to a complete Skywarn Team for Livonia, including costs, such report to be submitted in collaboration with the Police Department. By Councilman Brown, seconded by Councilman Ventura, it was #318-78 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated April 4, 1978, and submitted pursuant to Council Resolution 142-78, in connection with a communica- tion from the Director ofFinance, dated February 1, 1978,approved for submission by the Mayor, wherein as part of the supplemental capital outlay budget a request from the City Clerk for the replacement of a 111 postage meter is made, the estimated cost of which is $3100.00, the Council does hereby determine to appropriate for this purpose a sum not to exceed $3100.00 from the Unexpended Fund Balance Account of the General Fund and to authorize the taking of competitive bids in accord- ance with provisions of Law and City Charter with respect to this item. A roll call vote was taken on the foregoing resolution with the following result AYES Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS• None. By Councilman Bishop, seconded by Councilman Nash, and unanimously adopted, it was #319-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 5, 1978, the Council does hereby determine to rescind Council Resolution 236-78, adopted on March 15, 1978. By Councilman Bishop, seconded by Councilman Nash, it was #320-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 5, 1978, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, to which are attached two letters dated April 4, 1978 from R. E. Dailey & Company, Construction Manager, the Council does hereby accept the bid of Colasanti Floors, Inc., 17005 28721 Utica Road, Roseville, Michigan 48066, for the Phase III, Part 13 (Concrete Site Work) Construction Work of the new Civic Center Munici- pal Building in the amount of $231,000.00, the same having been in fact the lowest bid received for this item and meets all specifications, and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $231,000.00 from Federal Economic Development Administration Funds for this purpose, and the Director of Public Works is hereby authorized to approve change orders as recommended in the aforesaid communication (for a net reduction of approximately $13,000.00) as well as to approve any further change orders involving minor changes in the work as completed, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES• Brown, Raymond, Bennett, Bishop, Ventura, Nash and McCann. NAYS: None. On motion of Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, this 880th Regular Meeting of the Council of the City of Livonia was duly adjourned at 10:20 p. m., April 5, 1978. . 1h., ADDISON W. ON, CI CLERK.