Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1978-02-15 16863 MINUTES OF THE EIGHT HUNDRED AND SEVENTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 15, 1978, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:10 P. M. . Councilman Bennett delivered the invocation Roll was called with the following result: Present--Robert E McCann, Robert F Nash, Jerry H. Brown, Jerry Raymond, Robert D Bennett, Robert R. Bishop and Peter A Ventura. Elected and appointed officials present. Addison W Bacon, City Clerk; Harry C. Tatigian, City Attorney; Robert Turner, Police Chief; Edward H. McNamara, Mayor, John Bunk, Fire Chief, John T Dufour, Superintendent of Parks & Recreation, Stanley Bien, Chief Librarian; Robert E. Osborn, Director of Public Works, John Nagy, City Planner and Jack Dodge, Director of Finance. lawBy Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #125-78 RESOLVED, that the minutes of the 876th Regular Meeting of the Council of the City of Livonia, held February 1, 1978, are hereby approved. By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #126-78 RESOLVED, that the minutes of the 170th Special Meeting of the Council of the City of Livonia, held February 8, 1978, are hereby approved. The communication dated January 27, 1978 from the Planning Director, with respect to the 1977 Land Use Inventory, was received and filed for the information of the Council. The Communication dated January 16, 1978 from the Engineering Division, with respect to rebuilding Detroit Edison Tower Line along C & 0 Railroad, was law received and filed for the information of the Council. The communication dated January 18, 1978 from the Engineering Division, with respect to tennis courts at Rotary Park and Chatham Village (final cost), was received and filed for the information of the Council. 16864 Councilman Nash took from the table, for second reading and adoption, imp the following Ordinance: AN ORDINANCE AMENDING CHAPTER 7 (RETIREMENT PLAN) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTION 2-704 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Nash took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 4 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 Ls OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Nash, Brown, Raymond and McCann. NAYS: Bennett and Bishop. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Nash, seconded by Councilman Bennett, it was #127-78 RESOLVED, that having considered a communication from the Director of Finance, dated January 24, 1978, approved for submission by the Mayor Pro Tem, to which is attached a billing from the Southeast Michigan Council of Governments for 1978 membership dues in the amount of $5400.00, the Council does hereby authorize the payment of the same from monies previously appropriated for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. 16865 By Councilman Brown, seconded by Councilman Bishop, it was #128-78 RESOLVED, that having considered a communication from the Director of Finance, dated January 25, 1978, approved for submission by the Mayor Pro Tem, with regard to costs incurred by the City of Livonia for incarceration of individuals sentenced pursuant to ordinance violations for the period through November 30, 1977, the Council does hereby determine to increase Revenue Account No. 101-000-665, Fines and Forfeits, by a sum in the amount of $82,000.00, and to thereafter authorize the transfer of a like amount from the aforesaid account to Account No. 101-304-761, Prisoner's Meals and Board, to be expended for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #129-78 RESOLVED, that having considered a communication from the City Engineer, dated January 17, 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, wherein it is recommended that an appraisal be obtained of certain right-of-way on the west side of Newburgh Road south of Six Mile Road (Bureau of Taxation Parcel No. 18C2a), the Council does hereby determine to authorize the Department of Law to employ the services of an expert real estate appraiser for a sum not to exceed $300 00 for this purpose; and the Council does hereby appropriate the sum of $300.00 from the City's Motor Vehicle Highway Fund Receipts (Major Road Account) subject to reimbursement of the same to the said account at such time as proceeds of the $7.9 Million Dollar General Obligation Road Improvement Bond Issue Account become available; and the City Clerk and City Treasurer are hereby requested to do all things necessary or inciden- tal to the full performance of this resolution A. roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Bishop, Nash, Brown, Raymond and McCann. NAYS• Ventura The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Brown, it was #130-78 RESOLVED, that having considered a communication from the City Engineer, dated January 17, 1978, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, and to which is attached a proposed agreement between the Michigan State Highway Commission and the City of Livonia for certain boulevard landscaping on Eight Mile Road between Inkster and Grand River, the overall cost of which is established to be in the amount of $750.00, with the City's 12-1/2% share being in the amount of $93.75, the Council does hereby determine to authorize the Mayor and City Clerk for 16866 and on behalf of the City of Livonia to execute the said Agreement in the law manner and form herein submitted; and, further, the Council does hereby appropriate a sum in the amount of $93.75 from the City's Motor Vehicle Highway Fund Receipts (Major Road Account) to cover the City's share of the project; 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: Bennett, Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #131-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 17, 1978, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, and to which is attached a com- munication from the Wayne County Road Commission, dated January 6, 1978, the Council does hereby authorize final payment in the amount of $3807.36 to the Board of Wayne County Road Commissioners, which sum includes the full and complete balance due to cover the City's share of the cost of widening Seven Mile Road to five lanes between 1-96/275 and Haggerty Road, which project was authorized pursuant to Council Resolution 155-73; and the Council does hereby appropriate and authorize the expenditure of an additional sum in the amount of $3807.36 from the City's Motor Vehicle Highway Fund Receipts (Major Road Account) to cover the City's share of the final cost of this project; 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: Bennett, Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #132-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 20, 1978, which bears the signature of the Finance Director, is approved by the Chairman of the Water and Sewer Board and the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the construction of water main exten- sions to Greenmead and Bicentennial Park by the A & P Construction Company, 41055 Joy Road, Plymouth, Michigan, as additions to the 1977 Miscellaneous Water Main Extension Program previously authorized pursuant to Council Resolution 915-77, the estimated cost of which is in the amount of $58,523.86, as set forth in the attachment, 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; further, the Council does hereby determine to authorize the said work for the reasons indicated in the aforesaid communication and in accordance with the provisions set forth in Section 16867 2-213 (d) (5) of the Livonia Code of Ordinances, as amended; and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $58,523.86 from the Water Improvement Fund for this purpose; and the Mayor and City Clerk are hereby authorized to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication from the Fire Chief, dated January 3, 1978, approved for submission by the Mayor, wherein a request is made for authorization to execute an agreement providing for the extension of the City's current reciprocal agreement for fire protection with several municipalities, as enumerated in the aforesaid communication, as well as to provide for the inclusion of emergency medical services under the terms of the current agreement, and having also considered a communica- tion concerning this matter from the President of Local 1164, Livonia Fire Fighters Association, dated January 30, 1978, the Council does hereby determine to authorize the Mayor, City Clerk and Fire Chief to execute the said proposed extension of Agreement in the manner and form herein recommended. By Councilman Raymond, seconded by Councilman Nash, it was #133-78 RESOLVED, that having considered a communication from the Fire Chief, dated January 3, 1978, approved for submission by the Mayor, wherein a request is made for authorization to execute an agreement providing for the extension of the City's current reciprocal agreement for fire protec- tion with several municipalities, as enumerated in the aforesaid communica- tion, as well as to provide for the inclusion of emergency medical services under the terms of the current agreement, and having also considered a communication concerning this matter from the President of Local 1164, Livonia Fire Fighters Association, dated January 30, 1978, the Council does hereby determine to refer this matter to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Nash, Brown, Raymond and McCann. NAYS: Bishop. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, it was #134-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 19, 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 Pro Tem, and the attached Invoice No. 39478 of the Wayne County Road Commission, the Council does hereby 16868 authorize Final Payment in the amount of $1730 96 to the Board of Wayne flow County Road Commissioners, which sum includes the full and complete balance due to cover the City's share of the cost of the installation of a traffic signal at the intersection of Inkster and Lyndon, which traffic signal was authorized to be installed in Council Resolution 946-76 adopted on November 10, 1976; and the Council does hereby determine to appropriate and authorize the expenditure of the additional sum of $350 96 from the City's Motor Vehicle Highway Fund Receipts (Major Road Account), and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES• Bennett, Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #135-78 RESOLVED, that having considered a communication from the Water and Sewer Board, dated January 18, 1978, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits its resolution WS 2247 1/78, and to which is attached the proposed Water and Sewer Budget for the fiscal year March 1, 1978 through February 28, 1979, the Council does hereby determine to refer the same to the Water and Sewer Committee for its report and recommendation. By Councilman Bishop, seconded by Councilman Raymond, it was #136-78 RESOLVED, that having considered a communication from the President of the Livonia Historical Commission, dated January 18, 1978, approved for submission by the Mayor, wherein a request is made for authorization to utilize the Eddie Edgar Sports Arena on Saturday and Sunday, April 29 - 30, 1978, for the purpose of conducting an antique show, the Council does hereby determine to authorize the use of the said arena on the aforesaid dates for and in the manner indicated and further provides that the proceeds and receipts obtained through rentals and admissions therefrom, upon deposit in the City's General Fund, shall thereafter be appropriated and transferred by a like amount to Account No. 101-737-976.120, Building Improvements--Historical Restorations, such monies to be utilized for the purpose outlined in the aforesaid communication A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. T'htritem •n the agenda with respect to Petition No. 77-9-1-32 of Planning Commission for property south of Seven Mile between Newburgh Road and 1-96/275 Freeway in Section 7, from R-5 to R-4 rezoning, was received and filed for the information of the Council. 16869 Imp By Councilman Bennett, seconded by Councilman Ventura, it was WHEREAS a petition presented by the Melody Manor Subdivision and the Woods Condominiums wherein a public park or greenbelt is requested for their area has been received by the Livonia City Council, and WHEREAS said petition presents a reasonable case for the consideration of a neighborhood park acquisition by the City of Livonia; and WHEREAS the acquisition of such land, if consummated, is proposed to be purchased from the Livonia Board of Education as a part of a parcel of land now owned by them and which is now being offered for sale; and WHEREAS such acquisition, if consummated, would be in keeping with the Master Park Plan of the City of Livonia, and WHEREAS such land if acquired from the westerly end of said parcel could be used to provide not only open green and recreational space but could also be used for the construction of an earth berm for purposes of continuing the sound barrier treatment for noise abatement along the I-275 freeway which abuts the said subdivision, the condominiums, and the Board of Education owned land, THEREFORE, BE IT RESOLVED that the Livonia City Council hereby takes this means to inform the Livonia Board of Education, the Livonia Parks and Recreation Commission, the Livonia Planning Commission, and the Mayor that it recommends the purchase of land for a neighborhood park, greenbelt, and sound barrier to the extent of 5 or 6 acres and therefore requests their respective cooperation and indulgence regarding same and further requests the Livonia City Attorney to enter into negotiations for said purchase. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett and Ventura. NAYS: Bishop, Nash, Brown, Raymond and McCann. The President declared the resolution DENIED. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #137-78 RESOLVED, that having considered a petition from the Melody Manor Resident Association and the Woods Condominium Association, dated January 26, 1978, which bears approximately 202 signatures, wherein it is requested that the City purchase or otherwise obtain a ten acre site in Section 7 as Imp open land to serve as an undeveloped park site for residents in this area, the Council does hereby determine to refer this item to the Joint School Board-City Council Committee and to the Parks and Recreation Commission for their respective reports and recommendations By Councilman Nash, seconded by Councilman Ventura, it was 16870 #138-78 RESOLVED, that having considered a communication from the Superin- tendent of Parks and Recreation, dated January 19, 1978, approved by the Finance Director and approved for submission by the Mayor, wherein it is indicated that certain preparations must be made in connection with the 1978 Ice Show sponsored by the Parks and Recreation Department to be held on April 7, 8, 9, 1978 at the Eddie Edgar Sports Arena, the Council does hereby determine to authorize an advance in the amount of $5000.00 from the General Fund in order to cover the cost of the expenses detailed in the aforesaid communication, which amount shall be reimbursed to the General Fund as soon as funds become available from the sale of tickets; 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: Bennett, Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS• None. By Councilman Ventura, seconded by Councilman Nash, it was RESOLVED, that having considered a communication from the City Engineer, dated January 16, 1978, approved by the Director of Public Works and approved for submission by the Mayor, and to which is attached a proposed single lot assessment report for the construction of sidewalks on Six Mile Road between Inkster Road and Farmington Road, the Council does hereby determine to take no further action with respect to this matter at this time A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, and Nash. NAYS: Bishop, Brown, Raymond and McCann. The President declared the resolution DENIED. By Councilman Brown, seconded by Councilman Bishop, it was #139-78 RESOLVED, that having considered a communication from the City Engineer, dated January 16, 1978, approved by the Director of Public Works and approved for submission by the Mayor, concerning the installation of sidewalks at the following locations: Parcel No. Sidewalk Footage Required Lineal) Section 10 1Oh53b,5J+ 110 10e1,32 150 10e3,e1+ 150 10e5,e6 150 16871 Sidewalk Footage Required Parcel No (Lineal) 10e7,e8 150 10e9,e10 150 lOell,e12 150 10e13,e14 129 10e15,e16 128 lOPP2c 170 lOPP2b 80 lOPP2a 8o lOPP1 330 1OQQ1a 25 Section 11 llZ2a7b2a 124.66 11Z1a6a2,Z2a6 140 llzla5,z2a5 140 11Zla4,Z2a4 140 llZla3,Z2a3 140 11Z1a2,Z2a2 140 11Z1a1,Z2a1 140 1lZlbla,Z2bla 201.55 llZlb2a,Z2b2a 299.14 1172c2,Z3b 100 11Z1c,Z2c1,Z3a 398.63 1]AAlb 165 11BBla 157.32 11CCla 157 32 11DDla 129 30 11FFla 165.60 11MM5a 166.01 16872 Sidewalk Footage Required Parcel No. (Lineal) 11MM6a 66 11MM7a1,7bla 76 11MM7blb1 135.02 11MM7blb2 53 11MM8a1 140.01 11MM9ala 330.66 11.MM10a1 105 11MM10a2 60 11MMlla 165 11MM19a1 152 11MM19a2,MM2Oblb 178 Section 12 12Fla 1,131.02 12F2 2,365.00 12F3 4,400.00 12e134 411.07 12e135 75 12e136 75 12e137 75 12e138 75 12e139,140 150 12e141 75 12e142a,143b 220.07 12e146 75 12e147 76.64 12Hla2blal 140 Section 13 13d154a, 154b1, 153a, 153bl 180.07 16873 Sidewalk Footage Required Parcel No (Lineal) 13d150b,151b,152 90.04 13d151a 90,04 13d150a 90.04 13d149a 40 03 13d149b 50 134148 90 04 134147 90 04 13d146 126 05 13495 90 13494 90 13d93 90 13d92 90 13391 213.1 13490 300 13d8 88.33 1347 90 13d6 90 13d5 90 1344 90 13d3 90 13d2 90 13d1a 90 13B31al,alala 167 13B31a1b1 64 13B30a1 131.50 13B29a 131.50 13B28a 263 16874 Sidewalk Footage Required Parcel No. (Lineal) 13B21b lb 155 13B21a1,21bla 108 13B19a 263 13B18ala 233 13B16a1,17alb1 521 13Blalb2 169.65 13Blala2a 150.00 13Blalala 125.00 Section 14 14A1a to Ala6 120 14a1,2 200 14a3,4 200 14a5 100 14a6 100 14a7 100 14a8 100 14a9 100 14a10b 135 14alla 6o 14allb 6o 14a12a1 8o 14a12a2,12b 100 14a13 106 14a14 106 14a15 107 14c1 89 14D1 173.90 14E1 173.56 16875 Sidewalk Footage Required Parcel No. (Lineal) 14F1 121.30 1401 173.02 14H1 172.72 1411 172.50 14J1 103.29 14x1 137.53 14Llal,L2a1 240.25 14Mla 102 74 14Mlb 102.74 14Nla 114 67 14c7,8 200 66 14c5,6 207.57 1404 92 43 14c2a2,3a 140 00 14c1a,2a1 144.99 Section 15 15a550a1 130 15a551 100 15a552 100 15a553 100 15a554 100 15a555 100 15a556 100 15a557 100 15a558 100 15j57 93.49 15j56 105 15j43 119 16876 Sidewalk Footage Required Parcel No (Lineal) 15,42 117 5 15j25 106 1524 103 75 15j1 103 25 15d155 120 15d154 120 15d153 120 15d152 120 15d130 125 15d129 150 15d128 X50 15d127 125 15d106 150 15d105 146.64 15f35 120 15f36 120 15f37 140 15f38 120.61 and for the reasons stated the Council does hereby require the respective owners of lots and premises referred to above to construct and install sidewalks at such premises; and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to the Livonia Code of Ordinances, as amended, Title 5, Chapter 1, Section 5-137, and, further, said notice shall set forth that the respective owners of lots and premises referred to shall complete such sidewalks on or before June 1, 1978, after which date the Engineering Division shall arrange for the construction of the said sidewalks as part of the City's 1978 Miscellaneous Sidewalk and Drive Approach Program. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Nash, Brown, Raymond and McCann NAYS: Ventura. The President declared the resolution adopted. 16877 The communication from the Bureau of Inspection dated January 17, 1978, with respect to a survey of neighboring communities and their swimming pool requirements was received and placed on file for the information of the Council, (CR 1099-77) By Councilman Nash, seconded by Councilman Raymond, it was #140-78 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated February 3, 1978, with regard to a request from Mr. George Sackleh, 18675 Wayne Road, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division of Tax Item No. 46 029 99 0006 003 (08A3blal) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing the same into three parcels, the legal descriptions of which shall read as follows: Parcel A Part of the Northeast quarter of Section 8, Town 1 South, Range 9 East, beginning at a point on the East line at Section 8, South 0 degrees, 16 minutes, 30 seconds East 1659 feet from the Northeast corner of Section 8 and running thence South 0 degrees, 16 minutes, 30 seconds East along the East line of Section 8, a distance of 200 feet; thence South 89 degrees, 44 minutes, 10 seconds West (parallel to the North line of Section 8) a distance of 400 feet; thence North 0 degrees, 16 minutes, 30 seconds West, (parallel to the East line of Section 8) a distance of 200 feet; thence North 89 degrees, 44 minutes, 10 seconds East (parallel to the North line of Section 8) a distance of 400 feet to the place of beginning, except the East 26 feet subject premises conveyed to the City of Livonia by deed recorded in Liber 19356, Page 616. Parcel B Part of the Northeast quarter of Section 8, Town 1 South, Range 9 East, beginning at a point on the East line of Section 8, South 0 degrees, 16 minutes, 30 seconds East 1659 feet and South 89 degrees, 44 minutes, 10 seconds West 400.00 feet from Northeast corner of Section 8 and running thence South 89 degrees, 44 minutes, 10 seconds West (parallel to North line of Section 8) a distance of 259.50 ft. , thence South 0 degrees, 16 minutes, 30 seconds East (parallel to the East line of Section 8), a distance of 100 feet; thence North 89 degrees, 44 minutes, 10 seconds East (parallel to North line of Section 8) a distance of 259.50 ft. ; thence North 0 degrees, 16 minutes, 30 seconds West (parallel to the East line of Section 8) a distance of 100 feet to the place of beginning. Parcel C Part of the Northeast quarter of Section 8, Town 1 South, Range 9 East, beginning at a point on the East line of Section 8, South 0 degrees, 16 minutes, 30 seconds East 1859 feet and South 89 degrees, 44 minutes, 10 seconds West 400 00 feet from Northeast corner of Section 8 and run- 16878 ning thence South 89 degrees, 44 minutes, 10 seconds West (parallel to North line of Section 8) a distance of 259.50 ft ; thence North 0 degrees, 16 minutes, 30 seconds West (parallel to the East line of Section 8), a distance of 100 feet; thence North 89 degrees, 44 minutes, 10 seconds East (parallel to North line of Section 8) a distance of 259.50 ft. ; thence South 0 degrees, 16 minutes, 30 seconds East (parallel to the East line of Section 8) a distance of 100 feet to the place of beginning. as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #141-78 RESOLVED, that having considered a communication from the Director of Finance, dated January 25, 1978, approved for submission by the Mayor Pro Tem, wherein it is recommended that a reserve be established with respect to worker's compensation losses, the Council does hereby determine to increase Revenue Account No. 101-000-567, State Income Tax, in the amount of $87,640.00 and to thereafter appropriate and transfer from the aforesaid account a like amount to Account No 101-950-917.900, Worker's Compensation Insurance, for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from the Director of Finance, dated January 24, 1978, approved for submission by the Mayor Pro Tem, wherein the following capital outlay budget is recommended: Police Department $ 82,332 Department of Public Works 133,900 Library 30,014 $246,246 Refuse Fund $ 26,000 Office of City Clerk $ 3,100 and to which are attached detailed schedules submitted in this regard, the Council does hereby approve that portion of the Supplemental Capital Outlay Budget as recommended with respect to the Police Department for police cars in the amount of $73,352, and to appropriate for this purpose 16879 said sum from the Unexpended Fund Balance Account of the General Fund, further, the Council does hereby determine to refer the balance of the foregoing items to the Capital Improvement Committee for its report and recommendation. By Councilman Raymond, seconded by Councilman Bennett, it was RESOLVED, that the Council does hereby determine to amend the foregoing resolution so as to approve that portion of the Supplemental Cap..tal Outlay Budget as recommended for the Library in the amount of $15,000 for library books and periodicals and for this purpose to appropriate a like amount from the Unexpended Fund Balance Account of the General Fund. A roll call vote was taken on the amendment with the following result• AYES• Bennett, Bishop, Nash and Raymond. NAYS: Ventura, Brown and McCann. The President declared the amendment adopted. A roll call vote was taken on the resolution, as amended, as follows #142-78 RESOLVED, that having considered a communication from the Director of Finance, dated January 24, 1978, approved for submission by the Mayor Pro Tem, wherein the following Capital Outlay Budget is recommended• Police Department $ 82,332 Department of B.blic Works 133,900 Library __122_2111 $246,N6 Refuse $ 26,000 Office of City Clerk $ 3,100 and to which are attached detailed schedules submitted in this regard, the Council does hereby approve that portion of the Supplemental Capital Out- lay Budget as recommended with respect to the Police Department for police cars in the amount of $73,352, and to appropriate for this purpose said sum from the Unexpended Fund Balance Account of the General Fund, further, the Council does hereby determine to approve a portion of the Supplemental Capital Outlay Budget as recommended for the Library in the amount of $15,000 for library books and periodicals, and for this purpose does hereby appropriate a like amount from the Unexpended Fund Balance Account of the General Fund, further, the Council does hereby determine to refer the balance of the foregoing items to the Capital Improvement Committee for its report and recommendation with the following res'slt AYES• Bennett, Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS; None. The President declared the resolution, as amended, adopted. 16880 The communication from the Director of Finance dated January 23, 1978, transmitting various unaudited financial statements of the City for the twelve months ending November 30, 1977, was received and placed on file for the information of the Council. The communication from the Department of Law dated January 27, 1978, with respect to adoption of a separate ordinance establishing Fees in the Building Code (CR 51-78) was received and placed on file for the information of the Council By Councilman Bennett, seconded by Councilman Brown, it was #14+3-78 RESOLVED, that having considered a communication dated August 16, 1978 from the City Planning Commission, which transmits its resolution 8-162-77 adopted on August 9, 1977 with regard to Petition 77-4-2-7 submitted by Jeanne Hildebrandt, General Manager of the Livonia Mall, requesting waiver use approval to construct and operate a Denny's Restaurant on property zoned C-2 and located on the southwest corner of the parking lot of the Livonia Mall Shopping Center located on the north- west corner of Seven Mile and Middlebelt Roads in the Southeast 1/4 of Section 2, and the Council having conducted a public hearing with regard to this matter on October 31, 1977, pursuant to Council Resolution 846-77, the Council does hereby determine to refer this item to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, *Bishop, Ventura, and Brown NAYS. Nash, Raymond and McCann The President declared the resolution ADOPTED. *Councilman Bishop made the following statement. My vote is in support only to continue the dialog on the problems of the Mall area By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #144-78 RESOLVED, that having considered a communication dated December 27, 1977 from the City Planning Commission, which transmits 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 Council does hereby determine to refer this matter to the Committee of the Whole for further considera- tion at a meeting to be conducted on February 28, 1978, at 7.30 P M 16881 By Councilman Bishop, seconded by Councilman Nash, it was #145-78 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 180, more particularly described in Council Resolution 736-77 adopted on July 27, 1977, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been pre- pared on the basis of street lighting being installed in Rosedale Meadows Subdivision, Rosedale Meadows Subdivision No. 2 and. Rosedale Gardens Subdivision No. 17 in said Special Assessment District No. 180; NOW, THEREFORE, BE IT RESOLVED, that the said Council does here- by determine that said street lights shall be installed with ornamental poles and underground wiring and on existing wood poles and that the assessments set forth in said Special Assessment District No. 180 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No. 180 based on installation of street lights with ornamental poles and underground wiring and on existing wood poles is hereby approved and confirmed in all respects; pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of con- firmation on the assessment roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result. AYES. Bennett, Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Bishop, it was #146-78 RESOLVED, that having considered a communication dated September 30, 1977 from the City Planning Commission which sets forth its resolution 9-187-77 with regard to Petition 77-8-1-27 submitted by Livonia Builders, Inc. for a change of zoning on property located on the east side of Santa Anita, south of Five Mile Road, in the Northeast 1/4 of Section 24, from RUF to R-2, and the Council having conducted a public hearing with regard to this matter on January 30, 1978, pursuant to Council Resolution 1002-77, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 77-8-1-27 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS. None. 16882 By Councilman Ventura, seconded by Councilman Bishop, it was #147-78 RESOLVED, that having considered a communication dated September 30, 1977 from the City Planning Commission which sets forth its resolution 9-190-77 with regard to Petition 76-10-1-40 (rehearing) submitted by R Ajluni, M.D. , for a change of zoning on property located on the south side of Curtis Road, east of Farmington Road, in the Southwest 1/4 of Section 10, from RUFC to P, and the Council having conducted a public hearing with regard to this matter on January 30, 1978, pursuant to Council Resolution 1002-77, the Council does hereby reject the recommenda- tion of the Planning Commission and the said Petition 76-10-1-40 (rehearing) is hereby approved and granted and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Brown, Raymond. NAYS: Bennett and McCann. The President declared the resolution ADOPTED. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #148-78 RESOLVED, that the Council does hereby request that State Legislators Jack E Kirksey and Robert C Law and State Senator Robert Geake do all things necessary to initiate the enactment of appropriate State legislation for the purpose of establishing a mandatory requirement that prior to the issuance of any SDD or SDM licenses by the Liquor Control Commission, the approval of the local governing municipality must be first obtained, such statutory requirement being made applicable to both the issuance and renewal of said licenses By Councilman Nash, seconded by Councilman Raymond, it was #149-78 RESOLVED, that having considered a communication from the City Engineer, dated January 12, 1978, approved by the Director of Public Works, approved as to form by the City Attorney, and approved for sub- mission by the Mayor, with regard to Grants of Easement obtained in connection with the construction of housing for the elderly (Ziegler Place), the Council does hereby accept for and on behalf of the City of Livonia Grants of Easement from: 1) Livonia Associates Limited Dividend Housing Association, a Michigan limited partnership, conveying to the City of Livonia an easement for sanitary sewer purposes, described as follows. 16883 A 20 foot wide easement over a part of Lot 496, Supervisor's Livonia Plat No. 8, of the North 1/2 of the Southeast 1/4 of Section 2, T. 1 S. , R 9 E , City of Livonia, Wayne County, Michigan, as recorded in Liber 66 on Page 59 of Plats, Wayne County Records, the centerline of said easement being described as beginning at a point on the North line of said Lot 496, said point being N 87° 50' 43" E. , 60.0 ft from the Northwest corner of said Lot 496; thence S. 12° 52' 17" E , 297 0 ft to the point of ending. (Sanitary Sewer) and 2) Livonia Associates Limited Dividend Housing Association, a Michigan limited partnership, conveying to the City of Livonia an easement for water main purposes, described as follows A 20 foot wide water main easement over a part of Lot 496, Supervisor's Livonia Plat No. 8, of the North 1/2 •f the Southeast 1/4 of Section 2, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as recorded in Liber 66 on Page 59 of Plats, Wayne County Records, and over an adjoining parcel of land in the Southeast 1/4 of Section 2, the centerline of said easement being described as beginning at a point on the North line of said Lot 496, said point being N 87° 50' 43" E , 229 0 ft. from the Northwest corner of said Lot 496, thence S 02° 09' 17" E , 55 50 ft ; thence S. 02° 22' 43" W , 105 50 ft , thence S 37° 40' 17" E , 27.50 ft ; thence S 61° 34' 43" W , 85 0 ft ; thence N 61° 34' 43" E , 85.0 ft. ; thence S 37° 40' 17" E , 94 0 ft, thence S 31° 08' 43" W , 119.0 ft , thence S 55° 25' 17" E , 41 0 ft. to the point of ending. (Water Main) and the City Clerk is hereby requested to have said Grants of Easement recorded at the Wayne County Register of Deeds Office 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: Bennett, Bishop, Ventura, Nash, Brown, Raymond and McCann. NAYS: None By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #151-78 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, MLCA 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, April 3, 1978, at 8.00 P.M , at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items: (1) Petition No 77-10-1-40, submitted by Stanley and Gladys Hayes for a change of zoning of property located south of Five 16884 Mile Road between Beatrice and Middlebelt Road in the North 1/2 of Section 23, from RUFA to C-2, the City Planning Com- mission having in its resolution 1-7-78 recommended to the City Council that Petition 77-10-1-40 be approved; (2) Petition No 77-11-1-42, submitted by Jack W Belkin for a change of zoning of 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 , the City Planning Commis- sion having in its resolution 1-1-78 recommended to the City Council that Petition 77-11-1-42 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia, as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each 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 Bishop, seconded by Councilman Brown, and unanimously adopted, it was #15.1-78 RESOLVED, that having considered a communication from the Depart- ment of Law, dated January 24, 1978, and submitted pursuant to Council Resolution 1126-77, with respect to Charter provisions concerning vacancies in elective offices, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #152-78 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. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 15 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. (Petition 76-8-1-30) 16885 By Councilman Ventura, seconded by Councilman Raymond, it was #153-78 RESOLVED, that the Council does hereby determine to table the roll call vote with respect to proposed Ordinance Amendment (Petition 76-8-1-30), having been given its second reading by Councilman Bishop on February 15, 1978, to the next Regular Meeting to be conducted on March 1, 1978. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Bishop, Ventura and Raymond NAYS: Nash, Brown and McCann The President declared the resolution ADOPTED. By Councilman Ventura, seconded by Councilman Nash, it was #154-78 RESOLVED, that having considered communications dated October 10, 1977 and October 24, 1977 from the Department of Law, and which trans- mit a proposed concession and vending machine agreement, together with other documents to be utilized for obtaining competitive bids for the leasing of food operations at Whispering Willows Golf Course, the Eddie Edgar Ice Arena, the Devons.Aire Ice Arena, the concession at Ford Field and food vending machines at various other City facilities, the Council does hereby determine to authorize the Department of Finance to do all things necessary to advertise and thereafter obtain competitive proposals on an alternative bid basis for the lease of the aforesaid facilities in the manner and form submitted by the Department of Law and in accordance with provisions of law and city ordinance A roll call vote was taken on the foregoing resolution with the following result. AYES. Bennett, Bishop, Ventura, Nash, Brown and McCann. NAYS: *Raymond. The President declared the resolution ADOPTED. *Councilman Raymond made the following statement I am voting 'no' because I do not believe we should take this action which means laying off a number of City employees when the department is not operated at a loss. On motion of Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, this 877th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9.50 P M , February 15, 1978 ADDISON W. Br6N, lyty lerk