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HomeMy WebLinkAboutCOUNCIL MINUTES 1979-01-10 17530 MINUTES OF THE EIGHT HUNDRED AND NINETY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 10, 1979, 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 Bishop delivered the invocation Roll was called with the following result Present Robert E McCann, Robert F Nash, Gerald D Taylor, Jerry Raymond, Robert D Bennett, Robert R Bishop and Peter A Ventura Absent. None Elected and appointed officials present Addison W Bacon, City Clerk, Frances S Stem, Deputy City Clerk, Harry C Tatigian, City Attorney, Robert Turner, Police Chief; John Nagy, City Planner, Ronald Mardiros, City Assessor, G E Siemert, City Engineer, Robert E Osborn, Director of Public Works, Jack Dodge, Director of Finance and Joseph J Falk, Planning Commission By Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #1-79 RESOLVED, that the minutes of the 897th Regular Meeting of the Council of the City of Livonia, held December 20, 1978, are hereby approved. The communication from the Mayor dated December 27, 1978 transmitting the Annual Report for Fiscal Year 1977-1978, was received and placed on file for the information of the Council The communication from the Department of Law dated December 19, 1978, with respect to Wayne County Circuit Court Civil Action No. 78-838653-CK (Town & Country Builders vs City of Livonia) was received and placed on file for the information of the Council By Councilman Nash, seconded by Councilman Bishop, it was #2-79 RESOLVED, that having considered the report and recommendation of the City Treasurer, dated December 18, 1978, the Council does hereby authorize the purchase of an Automated Check Protector Accumulator, Model T 8142RM, as set forth in the attached proposal dated December 12, 1978 from Burroughs Corporation, 2850 W. Grand Boulevard, Detroit, Michigan, for a net price •f $5292 00 (total $5995.00, less elimination of dating feature - $115 00 and trade in - 10% - $588.00) , and the Council 17531 does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213 (d), (1) & (5) of the Livonia Code of Ordinances, as amended, and the Council does hereby authorize the transfer of the sum of $5292.00 from the Unexpended Fund Balance Account to Budget Account No 253-970, Capital , Outlay, for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, Nash, Taylor, Raymond, Bennett, Ventura and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #3-79 RESOLVED, that having considered a communication from the City Engineer, dated December 12, 1978, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a request for Payment No 20 from R E. Dailey & Company, Construction Manager for the Civic Center Municipal Building, dated November 30, 1978, which is as follows. a) Construction Management Fee $ 6,029 50 b) Reimbursables (October, 1978) 3,577.47 Total $ 9,606 97 the Council does hereby authorize payment of the aforesaid amount to R E Dailey & Company, as submitted, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result* AYES: Bishop, Nash, Taylor, Raymond, Bennett, Ventura and McCann. NAYS. None. By Councilman Taylor, seconded by Councilman Nash, it was #4-79 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated December 5, 1978, approved for submission by the Mayor, relative to a proposal for a modified self-insured workmen's compensation program, the Council does hereby determine as follows a) That for the period of December 1, 1978 through November 30, 1979 the Mayor and City Clerk are authorized to execute a con- tract for and in behalf of the City with Corporate Services, Inc , Livonia, Michigan, for providing the City with claims service, loss prevention service and an aggregate excess contract of $3,000,000 00 for losses exceeding 80% of an estimated normal premium of $1+34,660 (i.e , $347,728) through the Employers Reinsurance Corporation, 17532 b) That the service fee and aggregate excess fee shall be at the rate of 24.8% of the estimated normal premium amount of $434,66o (i.e., $107,796), which shall be payable as follows: On December 1, 1978: 100% for policy premium from Employers Reinsurance Carrier, $57,810 $ 57,810 60% of the fee for Corporate Services, Inc. , $49,986 29,992 7, 02 On June 1, 1979. 40% of the fee for Corporate Services, Inc. , $49,986 19,994 Total $ 107,796 c) Further, that workmen's compensation claims during the subject period which are approved for payment by Corporate Services, Inc in an aggregate amount not to exceed 80% of the estimated normal premium of $434,660 (i.e. , S347,728) are hereby authorized to be paid by the City of Livonia to claimants, all of which shall be made subject to an annual audit, and the City Clerk, City Treasurer and Finance Director are hereby authorized to do all things necessary or incidental to the full perform- ance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Bishop, Nash, Taylor, Raymond, Bennett, Ventura and. McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #5-79 RESOLVED, that having considered the report and recommendation dated December 4, 1978 from the City Engineer, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby authorize final payment in the amount of S960 00 to Harold. Thomas Nursery, Inc. , 14925 Middlebelt Road, Livonia, Michigan 48154, which sum includes the full and complete balance due on a contract dated March 1, 1978 in the amount of $21,000.00, the actual contract amount completed to date being $21,960 00, in connection with the 1978 Street Tree PlantizgProgram, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifica- tions and that the necessary contractor's affidavit and maintenance and guarantee bond have been filed, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution 17533 A roll call vote was taken on the foregoing resolution with the following result: AYES Bishop, Nash, Taylor, Raymond, Bennett, Ventura and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, it was #6-79 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator) dated December 7, 1978, which bears the signature of the Finance Director, approved by the Director of Public Works, approved for submission by the Mayor and submitted pursu- ant to Section 13d(2) Act 51 of the Public Acts of Michigan of 1951, as amended (M.S A 9.1097(13) with regards to the transfer of funds for the fiscal year 1977-78 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, $638,660 59 from those funds designated for use on the major street system to be used on the local street system; and the City Clerk and Finance Director are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES Bishop, Nash, Taylor, Raymond, Bennett, Ventura and McCann. NAYS. None. By Councilman Bennett, seconded by Councilman Bishop, it was #7-79 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator), dated December 8, 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 submitted pursuant to Section 13d(1) Act 51, of the Public Acts of Michigan of 1951, as amended (M S.A 9.1097(13)) with regard to the transfer of funds for the fiscal year 1978-79 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, 25% of the amount designated for Major Street System to be used on the Local Street System, and the City Clerk and Finance Director are hereby authorized to do all things necensary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bishop, Nash, Taylor, Raymond, Bennett, Ventura and McCann. NAYS None. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #8-79 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 12, 1978, and the report and recommenda- tion of the Chief of Police, dated December 13, 1978, in connection there- with, and also having considered the Police Violation Report dated January 5, 1979, transmitted to the Liquor Control Commission, the Council does 17534 hereby determine to table the request from Isa Mufarreh for transfer of ownership of 1978 SDM Licensed Business from Farid. Mufarreh, located at 27845 W. Seven Mile Road, Livonia, Michigan (Jim's Market) until such time as a response is received from the Michigan Liquor Control Commission with respect to the disposition of the said violation; further, the Police Department is requested to submit a new report and recommendation with respect to the same. By Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #9-79 RESOLVED, that having considered a communication from Mr. James Mudge, 33550 Hathaway, Livonia, Michigan 48150, dated December 12, 1978, wherein it is proposed that gasoline stations be required to provide motorists with certain essential services, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #10-79 RESOLVED, that having considered a communication from Mr. Sem H. Goodman, 2051 Woodward Avenue, Berkley, Michigan 48072, dated December 15, 1978, wherein an offer is submitted for the purchase of Lots 208 and 210 of the Schanhites Marquette Manor Subdivision on Arcola Avenue from the City of Livonia, to which are attached two real estate appraisals, the Council does hereby determine to refer the same to the Department of Law for its report and recommendation. By Councilman Bishop, seconded by Councilman Taylor, it was #11-79 RESOLVED, that having considered a communication from the City Planning Commission, dated December 19, 1978, which transmits its resolu- tion 12-255-78 with regard to Petition 78-10-3-16, submitted by Bra-Con Industries, Inc. , requesting the vacating of a 60' wide public street commonly known as Woodview Drive, located on the east side of Newburgh Road, between Plymouth Road and Amrhein Road in the Southwest 1/4 of Section 29, the Council does hereby determine to concur in the recommenda- tion of the Planning Commission and to grant and approve the said Petition 78-10-3-16, subject to the retention of an easement over the easterly 12' of the subject street; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result. AYES. Bishop, Nash, Taylor, Raymond, Bennett, Ventura and McCann. NAYS None By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was 17535 #12-79 RESOLVED, that having considered a communication from Marvin R Stempien of the law firm of Stempien & Stempien, dated December 19, 1978, submitted in behalf of his client, Gerald C May, d/b/a Parkside Bar, wherein a request is made for the vacating of the South 1/2 of Leon Avenue adjacent to Lots 30 and 24 and 50' of Horton Avenue, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation, in accordance with provisions of law and city ordinance. By Councilman Nash, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 1978, which sets forth its resolution 6-123-78 adopted on June 20, 1978, with regard to Petition 78-5-1-24, submitted by Rest-in-the Son, Inc. for a change of zoning on property located on the south side of Ann Arbor Trail, between Newburgh and Hix Roads, in the Northeast 1/4 of Section 31, from RUF and AG to R-7, and the Council having conducted a public hearing with regard to this matter on September 11, 1978, pursuant to Council Resolution 702-78, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 78-5-1-24 is hereby denied for the following reasons: 1. The proposed zoning change would provide for land uses that are in conflict with the future land use plan of the City of Livonia, as adopted by the City Planning Commission. 2. The proposed zoning change would provide for residential densities that are incompatible with the surrounding single family residential uses of the neighboring area 3. The proposed zoning change would cause an increase in the traffic load on the abutting thoroughfares such that the surrounding land uses would be adversely affected. A roll call vote was taken on the foregoing resolution with the following result. AYES Bishop, Nash and. McCann. NAYS. Ventura, Taylor, Raymond and Bennett The President declared the resolution DENIED. At the direction of the Chair, the item on the agenda with respect to Petition No. 78-5-1-24 of Rest-in-the Son, Inc. , for property on south side of Ann Arbor Trail between Newburgh and Hix Roads in the Northeast 1/4 of Section 31, from RUF and AG to R-7 (Rural Urban Farms and Agricultural to Multiple), was removed and will be considered at the next Study Meeting to be conducted on Wednesday, January 17, 1979. By Councilman Nash, seconded by Councilman Taylor, it was 17536 #13-79 RESOLVED, that having considered a communication dated December 20, 1978 from the City Planning Commission which transmits its resolution 12-258-78 adopted on December 12, 1978 with regard to Petition 78-11-2-29, submitted by Robert E McMonagle, requesting waiver use approval to construct an office building on property zoned P S and located on the east side of Farmington Road between Clarita and Seven Mile Road in the North- west 1/4 of Section 10, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 78-11-2-29 is hereby approved and granted, such approval to be based upon the same condition as is set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result AYES. Bishop, Nash, Taylor, Raymond, Bennett, Ventura and McCann. NAYS. None. By Councilman Bishop, seconded by Councilman Bennett, it was #14-79 RESOLVED, that having considered a communication from the City Planning Commission, dated December 12, 1978, which transmits its resolu- tion 11-247-78 adopted on November 28, 1978 with regard to Petition 78-11-8-36 submitted by William Lindhout, requesting site plan approval in connection with a proposal to construct a commercial building on the north side of Seven Mile Road between Farmington and Gill Roads in Section 4, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby determine to concur in the recommenda-_ tion of the Planning Commission and Petition 78-11-8-36 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES. Bishop, Nash, Taylor, Raymond, Bennett, Ventura and McCann NAYS None. *Councilman Nash was excused at 8.35 P M By Councilman Taylor, seconded by Councilman Raymond, it was #15-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 12, 1978, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Rouge Valley Construction Company, 32300 Schoolcraft, Suite D-8, Livonia, Michigan, the proprietor of the Brookwood West Subdivision situated in the S W 1/4 of Section 11, of the cash escrow monies in the amount of $1170 00 to insure the placement of survey monuments and markers in the subject subdivision, deposited with the City in accordance with Council Resolution 698-77, adopted on July 13, 1977, as thereafter subsequently amended in. Council Resolutions 72-78, 246-78 and 755-78; and further, the financial assurances now on deposit with the City for general improvements and sidewalk improvements shall remain the same and unchanged, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or inciden tal to the full performance of this resolution 17537 A roll call vote was taken on the foregoing resolution with the following result AYES. Bishop, Nash, Taylor, Raymond, Bennett, Ventura and McCann. NAYS None. *Councilman Nash returned at 8 36 P M By Councilman Raymond, seconded by Councilman Bishop, it was #16-79 RESOLVED, that having considered a communication from the Mayor, dated December ll+, 1978, with regard to proposed salary adjustments for various City officials, the Council does hereby determine to establish maximum salary rates for the following appointed officials, retroactive to and commencing from December 1, 1978. Annual Maximum Salary City Assessor $ 30,500 Director of Public Works 32,000 Director of Finance 33,000 Director of Community Resources 25,500 further, the Council does hereby authorize and establish that the aforesaid positions should be afforded fringe benefits (i e , longevity, vacation credit and sick leave) in the same manner as that extended to classified employees under the Civil Service system. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Nash, Taylor, Raymond, Bennett, Ventura and McCann NAYS. None By Councilman Bennett, seconded by Councilman Raymond, it was #17-79 RESOLVED, that having considered a communication from the City Clerk, the Mayor and the Council President, dated December 15, 1978, wherein it is recommended that the positions of Administrative Assistant to the Council, Director of Administrative Services and Deputy City Clerk receive a base salary of $19,500 00, together with benefits (i.e , longevity, vacation credit and sick leave) extended to classified employees under the Civil Service System, the Council does hereby determine that with respect to the position of Administrative Assistant to the Council that the Civil Service Commission submit its report and recommendation, further, the Council does hereby determine to defer taking any action with respect to the other two classifications until such time as it has received the aforesaid report and recommendation from the Civil Service Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, Nash, Taylor, Raymond, Bennett, Ventura and McCann NAYS None By Councilman Nash, seconded by Councilman Ventura, it was 17538 #18-79 RESOLVED, that having considered a communication from the Chairman of the Livonia Traffic Commission, dated December 14, 1978, approved for submission by the Mayor, the Council does hereby determine that effective December 1, 1978 the Chairman of the Traffic Commission shall receive an auto allowance in the amount of $60 00 per month, and that each of the other commissioners receive an auto allowance in the amount of $50 00 per month. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bishop, Nash, Taylor, Raymond, Bennett, Ventura and McCann. NAYS None By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #19-79 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated November 30, 1978, approved for submission by the Mayor, to which is attached a proposed amendment to Section 6-166 (b) (3) of the Livonia Code of Ordinances (Traffic Ordinance) which would purport to regulate the parking of pickups and vans on residential streets, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #20-79 RESOLVED, that having considered a communication from Mrs Karen S Farkas, dated December 18, 1978, to which are attached petitions from residents of the Sunset Hills Subdivision requesting the installation of street lights in said subdivision, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assess- ments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 2-514 of the Livonia Code of Ordinances, as amended By Councilman Ventura, seconded by Councilman Bishop, it was #21-79 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 188, more partic- ularly described in Council Resolution 304-78 adopted on April 5, 1978, 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 lightin is to be installed, such roll having been prepared on the basis of street 17539 lighting being installed in Francavilla Subdivision No 2 and Lots 425 trethrough 432, both inclusive, Seven Mile Superhighway Subdivision in said Special Assessment District No 188, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornamental poles and underground wiring and that the assessments set forth in said Special Assessment District No. 188 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 188 based on the installation of ornamental poles and underground wiring 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 confirmation 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 Bishop, Nash, Taylor, Ventura and McCann NAYS: Raymond and Bennett. The President declared the resolution adopted By Councilman Bishop, seconded by Councilman Nash, it was #2279 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 189, more partic- ularly described in Council Resolution 305-78 adopted on April 5, 1978, 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 prepared on the basis of street lighting being installed in Ron-Mar Estates Subdivision in said Special Assessment District No 189, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that two street lights with ornamental poles and underground wiring shall be installed in the island areas and that the assessments set forth in said Special Assessment District No 189 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 189 based on installation of two street lights with ornamental poles and underground wiring in the island areas 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 confirmation 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, provided, 17540 however, that the assessments with respect to Lots 17, 18, 19 and 20 of the Ron-Mar Estates Subdivision are hereby deleted and removed from the roll of this special assessment district A roll call vote was taken on the foregoing resolution with the following result. AYES. Bishop, Nash, Taylor, Bennett, Ventura and McCann. NAYS: Raymond. The President declared the resolution adopted By Councilman Ventura, seconded by Councilman Nash, it was #23-79 %.HEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 190, more partic- ularly described in Council Resolution 297-78 adopted on April 5, 1978, 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 prepared on the basis of street lighting being installed in the Blue Grass Estates Subdivision in said Special Assessment District No 190, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornamental poles and underground wiring and that the assessments set forth in said Special Assessment District No. 190 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 190 based on installation of ornamental poles and underground wiring 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 confirmation 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 Bishop, Nash, Taylor, Ventura and McCann NAYS: Raymond and Bennett The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Nash, it was #24-79 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 191, more partic- ularly described in Council Resolution 301-78 adopted on April 5, 1978, 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 17541 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 prepared on the basis of street lighting being installed in Tanglewood Subdivision (excluding any lights on Lyndon Avenue) in said Special Assessment District No 191; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said btreet lights shall be installed with ornamental poles and underground wiring and that the assessments set forth in said Special Assessment District No 191 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 191 based on installation of ornamental poles and underground wiring 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 confirmation 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. Bishop, Nash, Taylor and McCann. NAYS. Ventura, Raymond and Bennett. The President declared the resolution adopted By Councilman Taylor, seconded by Councilman Ventura, it was #25-79 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 192, more partic- ularly described in Council Resolution 303-78 adopted on April 5, 1978, 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 prepared on the basis of street lighting being installed in Brookwood West Subdivision in said Special Assessment District No. 192, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornamental poles and underground wiring and that the assessments set forth in said Special Assessment District No. 192 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. 192 based on installation of ornamental poles and underground wiring 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 confirmation 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 1 1 1 17542. 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. Bishop, Nash, Taylor and McCann. NAYS. Ventura, Raymond and Bennett. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Taylor, it was #26-79 RESOLVED, that having considered a communication dated October 12, 1978 from the City Planning Commission which sets forth its resolution 10-208-78 adopted ,on October 3, 1978 with regard to Petition 78-8-1-32, submitted by Bra-Con Industries, Inc. , for a change of zoning on property located on the east side of Newburgh Road between Plymouth and Amrhein Roads in the Southwest 1/4 of Section 29, from RUF to P, and the Council having conducted a public hearing with regard to this matter on December 18, 1978, pursuant to Council Resolution 1024-78, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 78-8-1-32 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, Nash, Taylor, Raymond, Ventura and McCann NAYS. Bennett. The President declared the resolution adopted By Councilman Bishop, seconded by Councilman Taylor, it was #27-79 RESOLVED, that having considered a communication dated October 12, 1978 from the City Planning Commission which sets forth its resolution 10-209-78 adopted on October 12, 1978 with regard to Petition 78-9-1-33, submitted by the City Planning Commission for a change of zoning on property located on the west side of Newburgh Road, south of Six Mile Road, in the Northeast 1/4 of Section 18, from R-3B to P L , and the Council having conducted a public hearing with regard to this matter on December 18 1978, pursuant to Council Resolution 1024-78, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 78-9-1-33 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 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 17543 AYES• Bishop, Nash, Taylor, Raymond, Bennett, Ventura and McCann. NAYS. None Counci1mAn Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 7 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3 THERETO RE. PETITION 78-6-1-26 FOR CHANGE OF ZONING FROM R-9-III AND R-5-C TO P.S. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 12 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO RE PETITION 78-7-1-27 FOR CHANGE OF ZONING FROM R-1 TO P.L. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bishop gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE. PETITION 78-7-1-28 FOR CHANGE OF ZONING FROM R-2 TO P.L. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 17544 Councilman R4smond gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE PETITION 78-7-1-29 FOR CHANGE OF ZONING FROM R-1 TO P.L. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Taylor gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE- PETITION 78-7-1-30 FOR CHANGE OF ZONING FROM R-lA TO P.L. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Bishop, seconded by Councilman Ventura, it was #28-79 RESOLVED, that having considered a letter from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, recommending that 60 ft. rights-of-way be dedicated for public road purposes through the City's Bicentennial Park, the Council does hereby determine to dedicate and relinquish 60 ft. wide rights-of-way, the center lines of which are described as Bicentennial Drive 60 foot rights-of-way in the S W 1/4 of Section 4 and the S E 1/4 of Section 5, to be known as Bicentennial Drive, the center lines of said rights-of-way are described as Beginning at a point on the H.:st right-of-way line of the 86 foot wide right-of-way known as Bicentennial Drive (Liber 19297, Page 673, Wayne County Records) in Section 4, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan; said point being distant 75 23 feet due North to a point on a curve, thence Northeasterly along a curve to the right 314 16 feet measured along the arc of said curve to a point of tangency, said curve 17545 having a radius of 600 feet and a central angle of 30° 00' 00"; thence N. 30° 00' 00" E. 512.05 feet to a point on a curve; thence Northerly on a curve to the left 209 44 feet, measured along the arc of said curve to a point of tangency, having a radius of 400 feet and a central angle of 30° 00' 00"; thence due North 641 32 feet, thence due West 43.00 feet from the S W corner of Section 4 to the point of beginning, thence due West 697 00 feet to the point of ending. And also a 60 ft. right-of-way described as beginning at a point on the West right-of-way line of the 86 foot wide right-of-way, known as Bicentenf, nial Drive (Liber 19297 , Page 673, Wayne County Records) in Section 4, T. 1 S , R 9 E. , City of Livonia, Wayne County, Michigan; said point being distant 75.23 feet North to a point on a curve; thence Northeasterly along a curve to the right 314.16 feet measured along the arc of said curve to a point of tangency, said curve having a radius of 600 feet and a central angle of 30° 00' 00"; thence N 30° 00' 00" E 94.82 feet, thence N. 60° 00' 00" W. 43.00 feet from the Southwest corner of said Section 4; and proceeding thence N 60° 00' 00" W along said line 54.72 feet to a point on a curve; thence Northwesterly along a curve to the left 209.44 feet measured along the arc of said curve to a point of tangency, said curve having a radius of 400 feet and a central angle of 30° 00' 00", thence West 322.82 feet to a point on a curve, thence Northwesterly along a curve to the right 78.54 feet measured along the arc of said curve to a point of tangency, said curve having a radius of 100 feet and a central angle of 90° 00' 00"; thence North 300 feet to point of ending And a 60 foot right-of-way in the S W 1/4 of Section 4, to be known as Bicentennial Drive, the center line of which is described as Beginning at a point on the East right-of-way line of the 86 foot wide right-of-way, known as Bicentennial Drive (Liber 19297, Page 673, Wayne County Records) in Section 4, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan; said point being distant 75 23 feet North to a point on a curve, thence Northeasterly along a curve to the right 314.16 feet measured along the arc of said curve to a point of tangency, said curve having a radius of 600 feet and a central angle of 30° 00' 00", thence N 30° 00' 00" E 512.05 feet to a point on a curve, thence Northerly on a curve to the left 209.44 feet measured along the arc of said curve to a point of tangency, said curve having a radius of 400 feet and a central angle of 30° 00' 00", thence due North 271 32 feet, thence due East 43.00 feet from the S.W corner of Section 4 to point of beginning; thence due East 817 00 feet to the point of ending. And, the Council does further request that the Wayne County Bureau of Taxation record such rights-of-way dedication on all maps issued by that office and further, that the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bishop, Nash, Taylor, Raymond, Bennett, Ventura and McCann. NAYS: None. 17546 By Councilman Raymond, seconded by Councilman Bennett, it was #29-79 RESOLVED, that having considered a communication from the Department of Law, dated December 20, 1978, approved by the Finance Director and approved for submission by the Mayor, wherein it is recommended that the City of Livonia transfer and assign to the Municipal Building Authority of Livonia certain contracts heretofore entered into by the City in connection with the construction, improvement and equipping of the D P W Equipment Maintenance Facility located at 13405 Surrey Road, ana having considered the provision contained in a certain Full Faith and Credit General Obligation Contract of Lease heretofore entered into between the City of Livonia and the Municipal Building Authority of Livonia on March 21, 1978 which requires such transfer and assignment, the Council does hereby determine for and in behalf of the City of Livonia, to assign and transfer to the Municipal Building Authority of Livonia, a public corporation organized and existing under the laws of the State of Michigan, all of its right, title and interest in and to the following contracts 1) Contract between the City of Livonia and Kamp DiComo Associates, P C. 33200 Schoolcraft Road, Livonia, Michigan 48154, dated October 12, 1977 2) Contract between the City of Livonia and A Rea Construction Inc , 24141 Ann Arbor Trail, Dearborn Heights, Michigan 48127, dated April 28, 1978. 3) Contract between the City of Livonia and Lincoln St Louis, Division McNeil Corporation, 4010 Goodfellow Blvd , St Louis, Missouri 63120, dated May 11, 1978. 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: Bishop, Nash, Taylor, Raymond, Bennett and McCann. NAYS Ventura The President declared the resolution adopted By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #30-79 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, February 19, 1979, at 8.00 P M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items. 17547 (1) Petition No 78-10-1-34, submitted by the City Planning Commission on its own motion for a change of zoning of property located on the east side of Hubbard Road, south of Six Mile Road, in the North- east 1/4 of Section 15, from RUFC to P L , the City Planning Commission having in its resolution 12-249-78 recommended to the City Council that Petition 78-10-1-34 be approved, (2) Petition No 78-10-1-35, submitted by the City Planning Commission for a change of zoning of property located on the south side of Six Mile Road, east of Newburgh Road, in the Northwest 1/4 of Section 17, from R-3-.B to P L. , the City Planning Commission having in its resolution 12-250-78 recommended to the City Council that Petition 78-10-1-35 be approved, (3) Petition No. 78-10-1-36, submitted by the City Planning Commission on its own motion for a change of zoning of property located on the west side of Hix Road, north of Northfield, in the Southwest 1/4 of Section 31, from RUF to P L , the City Planning Commission having in its resolution 12-251-78 recommended to the City Council that Petition 78-10-1-36 be approved, (4) Petition No 78-10-1-37, submitted by the City Planning Commission for a change of zoning of property located on the west side of Newburgh Road, north of Joy Road, in the Southeast 1/4 of Section 31, from RUF to P.L. , the City Planning Commission having in its resolution 12-252-78 recommended to the City Council that Petition 78-10-1-37 be approved, (5) Petition No. 78-10-1-38, submitted by the City Planning Commission for a change of zoning of property located north of Joy Road, east of Newburgh Road, in the Southwest 1/4 of Section 32, from RUF to P L , the City Planning Commission having in its resolution 12-253-78 recommended to the City Council that Petition 78-10-1-38 be approved; (6) Petition No 78-10-1-40, submitted by Biltmore Properties Company for a change of zoning of property located on the west side of Farmington Road, south of Eight Mile Road, in the Northeast 1/4 of Section 4, from RUFA to R-3, the City Planning Commission having in its resolution 12-254-78 recommended to the City Council that Petition 78-10-1-40 be approved, (7) Petition No. 78-10-1-39, submitted by Wood and Wood, P C , for a change of zoning of property located on the southwest corner of Eight Mile Road and Gill Road, in the Northwest 1/4 of Section 4, from RUFB to C-2, the City Planning Commission having in its resolution 12-256-78 recommended to the City Council that Petition 78-10-1-39 be denied, 17548 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 dis- tricts 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 Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #31-79 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 6, 1978, and submitted pursuant to Council Resolution 793-78, with regard to the subject of lot depths, the Council does hereby determine to refer this matter to the City Planning Commission for its report and recommendation. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #32-79 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 6, 1978, and submitted pursuant to Council Resolution 1044-78, in connection with a communication from the Michigan Liquor Control Commission, dated November 15, 1978, and the report and recommendation of the Chief of Police, dated November 7, 1978, with respect to the request of Florence Murray and Hildegard L. Sackleh for a nevi SDM licensed business to be located at 31236 Five Mile Road, Livonia, Michigan 48154, Wayne County, the Council does hereby determine to take no further action with respect to this matter By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #33-79 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 6, 1978, and submitted pursuant to Council Resolution 961-78, the Council does hereby designate Monday, February 19, 1979, at 8.30 P. M as the date and time for conducting a Public Hearing with regard to proposed formation of a Women' s Commission in the City of Livonia, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Clerk is hereby requested tc do all things necessary in order to give proper notice by the publication of a notice in the City' s official newspaper of such hearing and the date and place thereof 17549 By Councilman Ventura, seconded by Councilman Bennett, it was #34-79 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 20, 1978, and submitted pursuant to Council Resolution 1058-78, in connection with a communication from the Personnel Director, dated October 31, 1978, approved by the Finance Director and approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on October 26, 1978 wherein the Commission did recommend in part the following rates of pay to be effective January 1, 1979- Classification Rate of Pay Work Experience Co-op II $ 3.28 per hour Classification Step 1 Step 1-1/2 Step 2 Step 3 Step 4 Step 5 Food Service Supervisor $ 5.37 $ 5.48 S 5.59 $ 5.81 $ 6.04 $ 6.28 Cook 4.38 4.47 4.56 4.74 4.93 5 13 Assistant Cook 3.28 3.35 3.41 3.55 3.69 3 84 Site Manager 3.56 3.63 3 70 3.85 4.01 4.17 Food Service Aide 2 90 2.96 3 02 3.14 3.26 3.39 the Council does hereby determine to concur in and approve of the aforesaid action with respect to the classifications of Work Experience Co-Op II, Cook, Assistant Cook, Site Manager and Food Service Aide; provided, however, that with respect to the Food Service Supervisor, the Council does hereby determine to approve the following rates of pay to be effective January 1, 1979. Classification Step 1 Step 1-1/2 Step 2 Step 3 Step 4 Step 5 Food Service Supervisor $ 5.00 $ 5 10 $ 5.20 $ 5 41 $ 5.63 $ 5.86 subject to concurrence in and approval by the Civil Service Commission ProTida4, however, that with respect to the present Food Service Supervisor, Caye Grieve, she shall be paid at the rates recommended by the Civil Service Commission above, which rates resulted from an error in December 1977, and that this shall be deemed a "red circle" situation applicable only to Mrs. Grieve. A roll call vote was taken on the foregoing resolution with the following result. AYES. Bishop, Nash, Taylor, Raymond, Bennett, Ventura and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #35-79 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 February 1979 Wednesday, February 7, 1979, and Wednesday, February 21, 1979. 17550 By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #36-79 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 Nash, seconded by Councilman Taylor, and unanimously adopted, it was #37-79 RESOLVED, that having considered a communication from Bernard A Davidson, dated January 4, 1979, wherein he requests that his appeal from the Livonia Planning Commission determination of November 14, 1978 denying waiver use approval on Petition 78-9-2-27 be withdrawn, the Council does hereby determine to take no further action with respect to this matte/ and the Public Hearing previously authorized in Council Resolution 1101+-78 adopted on December 13, 1978 is hereby cancelled By Councilman Taylor, seconded by Councilman Nash, it was #38-79 RESOLVED, that having considered a communication from the Chief Librarian, dated December 11, 1978, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $150.00 in the 1977-78 budget from Printing Account No 738-901+ 000 to the following accounts in the following amounts . Travel & Education - Comm - Account No 738-864 015 50 00 Auto Allowance - Staff - Account No 738-861 010 100 00 the action herein being taken for the reasons indicated in the aforesaid communication A roll call vote was taken on the foregoing resolution with the following result. AYES Bishop, Nash, Taylor, Raymond, Bennett, Ventura and McCann NAYS. None. On motion of Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, this 898th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9 05 P M , January 10, 1979 E.:144—f—x) s —2 ADDISON W. B'CO , CI1Y CLERK