Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1978-02-01 16816 MINUTES OF THE EIGHT HUNDRED AND SEVENTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 1, 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 Raymond 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 and Robert R. Bishop. Absent- Peter A. Ventura. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney, Frances S. Stem, Deputy City Clerk, Ronald Mardiros, City Assessor; Daniel Gilmartin, Industrial Coordinator, Frank Kerby, Chief Building Inspector, Gary Clark, Assistant City Engineer; John T. Dufour, Superintendent of Parks and Recreation, Joseph J. Falk, Planning Commission; Tommy Mitchell, Traffic Commission; and Michael Reiser of the Water and Sewer Board. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was X60-78 RESOLVED, that the minutes of the 875th Regular Meeting of the Council of the City of Livonia, held January 18, 1978, are hereby approved. The communication dated January 17, 1978 from the Department of Law, with respect to Civil Action No. 77-702662-AS (Paul J. Mehl and Gloria A. Shea vs City of Livonia), was received and filed for the information of the Council. The communication from the Department of Law, dated January 12, 1978, with respect to Michigan Court of Appeals Docket No. 77-1181 (Jeffray Lauren Land Company vs City of Livonia), was received and filed for the information of the Council. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING CHAPTER 15 THERETO. 16817 A roll call vote was taken on the foregoing Ordinance with the following result. LAYES. Bennett, Bishop, Nash, Brown and McCann. NAYS: Raymond. 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 OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE: PETITION NO. 77-4-1-9 FOR CHANGE OF ZONING FROM RUF TO C-2. A roll call vote was taken on the foregoing Ordinance with the following result AYES. Raymond, Bishop, Nash and McCann. LNAYS: Bennett and Brown. 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 31 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. A roll c'.11 vote was taken on the foregoing Ordinance with the following result. AYES. Bennett, Nash, Brown and McCann. NAYS: Raymond and Bishop. L The President declared the foregoing Ordinance duly adopted and would become effective on publication. 16818 By Councilman Nash, seconded by Councilman Bishop, it was #61-78 RESOLVED, that having considered a communication from the Director of Finance, dated January 9, 1978, approved for submission by the Mayor, with regard to the purchase of diesel fuel, the Council does hereby deter- mine to authorize the purchase of said Diesel Fuel from Standard Oil, effective December 8, 1977, for the Unit Price of 40.2¢ Gallon, said price being made in accordance with Federal Government Regulations, further, the Council does hereby determine to authorize said purchase without competi- tive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213(d)(5) of the Livonia Code of Ordinances, and all prior resolutions in conflict herewith are hereby repealed, amended or revised to the extent necessary to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Nash, and unanimously adopted, it was #62-78 RESOLVED, that having considered a communication from Donald G. Miller, 171+2 Westbrook, Livonia, Michigan and Adamo Vandetti, 171+3 Golfview, Livonia, Michigan, dated January 11, 1978, wherein a request is submitted for the installation of a sidewalk on Six Mile Road at an alternate location, the Council does hereby determine to refer this item to the City Engineer for his report and recommendation. By Councilman Nash, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated November 22, 1977, and the report and recommendation of the Chief of Police, dated January 12, 1978, with respect to the request from Arnold's, Incorporated for a new SDD license to be held in conjunction with 1977-1978 SDM licensed business located at 28111 W. Eight Mile Road, Livonia, Michigan, the Council does hereby determine to recommend that this application be denied without prejudice inasmuch as the applicant's request does not comply with the requirements set forth in the Livonia Zoning Ordinance, Section 11.03(r), and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman Bennett, seconded by Councilman Bishop, it was RESOLVED, that the foregoing resolution be amended so as to strike therefrom the words "without prejudice. " A roll call vote was taken on the amendment with the following result AYES Bennett, Bishop, Brown and McCann. NAYS• Raymond and Nash. 16819 A roll call vote was taken on the resolution, as amended, as follows• 463-78 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated November 22, 1977, and the report and recommendation of the Chief of Fblice, dated January 12, 1978, with respect to the request from Arnold's, Incorporated for a new SDD license to be held in conjunction with 1977-1978 SDM licensed business located at 28111 W. Eight Mile Road, Livonia, Michigan, the Council does hereby determine to recommend that this application be denied inasmuch as the applicant's request does not comply with the requirements set forth in the Livonia Zoning Ordinance, Section 11.03(r), and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. with the following result: AYES• Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. The President declared the resolution, as amended, adopted. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was 464-78 RESOLVED, that having considered the report and recommendation of the Chief Bldg. Insp & the Director of Public Works, dated January 13, 1978, approved for submission by the Mayor, and submitted pursuant to Council resolution 4875-77 with regard to a complaint from Mr. Wilbur Tucker, 20+06 Floral, Livonia, Michigan 48152, concerning the noise caused by the Borman Food Store Outlet at 28111 West Eight Mile Road, and to which communication is attached a report from William J. MacDonald, Inspector, concerning this matter, the Council does hereby request that the Bureau of Inspection do all things necessary to enforce and obtain compliance with existing City Ordinances for the purpose of alleviating the instant case, and the Department of Law is hereby requested to prepare an amendment to title 3, Article 2 of the Livonia Code of Ordinances, the Noise Ordinance, for submission to Council in order to establish noise level controls, and, where residen .ial homes are adjacent to the rear, deliveries shall be prohibited during certain hours of the night, as well as other standards in accordance with the aforesaid recommendation of the Bureau of Inspection. By Councilman Brown, seconded by Councilman Bishop, it was #65-78 RESOLVED, that having considered a communication from the City Planning Commission, dated January 5, 1978, which transmits its resolution No. 12-279-77 adopted on December 13, 1977 with regard to Petition 77-11-8-33 submitted by John E. Higgins, Detroit Bank-Livonia, requesting site plan approval in connection with a proposal to alter the exterior of an existing building located on the north side of Seven Mile Road within the Livonia Mall Shopping Center in Section 2, pursuant to the 16820 provisions set forth in Section 18.47 of Ordinance No. 511.3, as amended, the Council does hereby determine to concur in the recommendation of the Planning Commission and Petition 77-11-8-33 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: Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #66-78 RESOLVED, that having considered a communication dated January 16, 1978 from the City Planning Commission, which transmits its resolution No. 12-283-77, adopted on December 20, 1977, with regard to Petition No. 77-11-2-25, submitted by Volk and London, Architects for Trinity Baptist Church, requesting waiver use approval to construct a home for the elderly on property zoned PS located on the north side of Six Mile Road between Haggerty Road and the I-96/275 Freeway, in the Southwest 1/4 of Section 7, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition No. 77-11-2-25 is hereby approved and granted, with the exception of deleting therefrom conditions (1) relative to the Site Plan, and (2) relative to Building Elevations. A roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Bennett, Nash, Brown and McCann. NAYS. Bishop. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Bishop, it was #67-78 RESOLVED, that having considered a communication dated January 16, 1978 from the City Planning Commission, which transmits its resolution No. 12-283-77, adopted on December 20, 1977, with regard to Petition No. 77-11-2-25, submitted by Volk and London, Architects for Trinity Baptist Church, requesting waiver use approval to construct a home for the elderly on property zoned PS located on the north side of Six Mile Road between Haggerty Road and the I-96/275 Freeway, in the Southwest 1/4 of Section 7, and the Council having previously approved the said Waiver Use in Council Resolution No. 66-78, the Council does hereby determine to condition said Waiver Use approval upon compliance with the following additional condi- tions. (1) that Site Plan #1793A, revised 12/16/77, prepared by Volk and London Architects is hereby approved and shall be adhered to, and (2) that Building Elevations as shown on Plan #1793A, Sheet No. 7, are hereby approved and shall be adhered to. 16821 By Councilman Raymond, seconded by Councilman Bennett, it was RESOLVED, that the Site Plan with regard to Petition 77-11-2-25 submitted by Volk and London, Architects for Trinity Baptist Church, is hereby referred to the Committee of the Whole for further considera- tion. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond and Bennett. NAYS: Bishop, Nash, Brown and McCann. The President declared the resolution DENIED. A roll call vote was taken on the original resolution with the following result• AYES: Raymond, Bishop, Nash, Brown and McCann. NAYS• Bennett. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bishop, it was #68-78 RESOLVED, that having considered the report and recommendation from the City Engineer, dated January 3, 1178, Approved by the Director of Azblic Works and approved for submission by the Mayor, the Council does hereby authorize a release to Vacri Land Company, 26+31 Meadowview, Farmington, Michigan, the proprietor of the Blue Grass Estates Subdivi- sion, located in the east l/4 of Section 18, of the Cash Escrow to insure the installation of Survey Monuments and Markers in the amount of $5,250.00 deposited with the City in accordance with Council Resolution 563-77, adopted on June 15, 1977, and further, the financial assurances now on deposit with the City for general improvements and sidewalk improve- ments shall remain the same and unchanged, the action herein being taken for the reasons indicated in the aforementioned report of the City Engin- eer; 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• Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Brown, it was #69-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 6, 1978, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Item No. 8 of Council Resolution No. 563-77, adopted on June 15, 1977, so as to reduce the financial assurances now on deposit with the City for general improvements in the Blue Grass Estates Subdivision located in the East 1/2 of Section 18 to $82,000.00 of which at least $10,000.00 shall be in cash, to cover the cost of remaining 16822 improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, all other financial assurances now on deposit with the City including those for Sidewalk improvements shall remain the same and unchanged, with the exception of Cash Escrow moneys for Survey Monuments and Markers which were previously released in Council Resolution No. 68-78, adopted on February 1, 1978, and the City Clerk and City Treasurer are hereby author- ized 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• Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Raymond, it was #70-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 3, 1978, approved by the Director of PUblic Works and approved for submission by the Mayor, the Council does hereby release to Curtis Building Company, 25950 Five Mile Road, Detroit, Michigan, the proprietor of the Sheffield Subdivision, of the Cash Escrow in the amount of $2,745.00 to insure the installation of Survey Monuments and Markers, deposited with the City in accordance with Council Resolution No. 792-75, adopted on September 24, 1975, as thereafter subsequently amended in Council Resolutions 177-76, 178-76 and 969-76, 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 incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES. Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, it was #71-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 3, 1978, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize a release to Curtis Building Company, 2550 Five Mile Road, Detroit, Michigan, the proprietor of the Wildwood Forest Subdivi- sion, of the Cash Escrow in the amount of $2,945.00 to insure the installa- tion of Survey Monuments and Markers, deposited with the City in accord- ance with Council Resolution No. 362-76, adopted on April 28, 1976, as amended by Council Resolution No. 794-76, and further, the financial assurances now on deposit with the City for general improvements and side- walk 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 incidental to the full performance of this resolution. 16823 A roll call vote was taken on the foregoing resolution with the following result. AYES• Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. *Councilman Nash was excused at 8 24+ P M. By Councilman Bishop seconded by Councilman Brown, it was #72-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 6, 1978, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to-amend Item No. 8 of Council Resolution No. 698-77, adopted on July 13, 1977, so as to reduce the Financial Assurances now on deposit with the City for general improvements in the Brookwood West Subdivision located in the Southwest 1/4+ of Section 11 to $118,000.00 of which at least $10,000.00 shall be in cash to cover the cost of remaining improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, all other financial assurances now on deposit with the City including those for Sidewalk improvements shall remain the same and unchanged, 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: Raymond, Bennett, Bishop, Brown and McCann. NAYS: None. *Councilman Nash returned at 8.25 P M By Councilman Nash, seconded by Councilman Brown, it was #73-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 6, 1978, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby determine to amend Item No. 8 of Council Resolution No. 1078-76 as amended by Council Resolution No. 835-77, adopted on September 7, 1977, so as to reduce the Financial Assurances now on deposit with the City for general improvements in the Francavilla Subdivision No. 2 in the Southeast 1/4 of Section 9 to $106,000.00 of which at least $10,000.00 shall be in cash to cover the cost of remaining improvements in said Subdivision, and the Financial Assurances now on deposit with the City, if any, shall be reduced accordingly, further, all other financial assurances now on deposit with the City including those for Sidewalk improvements shall remain the same and unchanged, and the City Clerk and City Treasurer are hereby authorized to do all thipgs 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: Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown 16824 #74-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 27, 1977, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Item No. 8 of Council Resolution No. 741-77, adopted on July 27, 1977, so as to reduce the Financial Assurances now on deposit with the City for general improvements in the Windridge Village Subdivision located in the Southeast 1/4 of Section 4 to $202,000.00 of which at least $10,000.00 shall be in cash, to cover the cost of remaining improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accord- ingly; further, all other financial assurances now on deposit with the City including those for Sidewalk improvements shall remain the same and unchanged; and the City Clerk and the 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: Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS None. By Councilman Nash, seconded by Councilman Bennett, it was #75-78 RESOLVED, that having considered uhe communication from the City Engineer, dated January 10, 1978, approved by the Director of Public Works and approved for submission by the Mayor, recommending that the City dedicate certain right-of-way on City ownedproperty located on Newburgh Road in the S.W. 1/4 of Section 5, City of Livonia, Wayne County, Michigan, the Council does hereby determine to dedicate and establish for right-of- way purposes only the following described property. The West 60 feet of the following described parcel of land: That part of the S.W. 1/4 of Section 5, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning S. 0° 00' 14" E. , 928.14 feet from W. 1/4 corner Section 5,thence S. 89° 41' 26" E. 507.05 feet, thence S. 0° 16' 10"W. , 200 feet; thence N. 890 41' 26" W 506.09 feet; thence N. 0° 00' 14" W. 200 feet to point of beginning (Newburgh Road right-of-way). and further, the Wayne County Bureau of Taxation is hereby requested to record the said right-of-way dedication on all maps issued by that office; and further, the City Clerk is hereby requested to have a certified copy of this resolution recorded at the Wayne County Register of Deed's office. A roll call vote was taken on the foregoing resolution with the following result: AYES Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Raymond, it was 16825 #76-78 RESOLVED, that having considered a communication from the City Engineer, dated December 19, 1977, which bears the signature of the Finance Director, is approved by the Director of Public Works and approved for submission by the Mayor, wherein it is recommended that an appraisal be obtained of certain right-of-way located in the S.W. quadrant of the proposed railroad grade separation to be constructed on Newburgh Road, being a portion of Bureau of Taxation parcel 30A1a2a, Ala3a, 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 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 incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, it was #77-78 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated January 13, 1978, approved by the Assessor and approved for submission by the Mayor, with regard to a request from Mr. Louis J. Stopar, 20334 Parkville, 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 and combination of Tax Item No's. 46 002 01 0395 000 (01e395), 46 002 01 0396 000 (01e396), and 46 002 01 0397 000 (01e397) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing and combining of the same into eight (8) parcels, the legal descriptions of which shall read as follows• PARCEL NO. 1 The West 80 ft. of Lot 395, except the South 47.58 ft. thereof, of Supervisor's Livonia Plat No. 6 of part of the N. W. 1/4 of Section 1, T. 1 S , R. 9 E. , Livonia Twp., (now City of Livonia) Wayne County, Michigan Recorded in Liber 66 on Page 57 of Plats, Wayne County Records. Containing 0.46 acres of land. Subject to an easement 12 ft. wide across said parcel in an Easterly and Westerly direction for sanitary sewer and water "` service. The centerline being located 119 ft. from the N. W. corner as measured along the West line and 110 ft. from the N. E. corner as measured along the East line. Subject to ease- ments and restrictions of record. l,. PARCEL NO. 2 16826 The East 75 ft. of the West 155 ft. of Lot 395, except the South 47 58 ft. thereof, of Supervisor's Livonia Plat No. 6 of part of the N. W. 1/4 of Section 1, T. 1 S . , R. 9 E. , Livonia Twp. , (now City of Livonia), Wayne County, Michigan. Recorded in Liber 66 on Page 57 of Plats, Wayne County Records. Containing 0.43 acres of land. Subject to an easement 12 ft. wide across said, parcel in an Easterly and Westerly direction. The centerline being located 110 ft. from the N. W. corner as measured along theWst line and 102 ft. from the N. E. corner as measured along the East line. Subject to easements and restrictions of record. PARCEL NO. 3 The East 147.52 ft. as measured along the North line and the East 146.64 ft. as measured along the South line of Lot 395, except the South 47.58 ft. thereof, of Supervisor's Livonia Plat No. 6 of part of the N. W. 1/4 of Section 1, T 1 S. , R. 9 E. , Livonia Twp. , (now City of Livonia), Wayne County, Michigan. Recorded in Liber 66 on Page 57 of Flats, Wayne County Records. Containing 0.85 acres of land. Subject to easements and restrictions of record. Together with an easement 12 ft. wide in an Easterly and Westerly direction across a parcel described as the West 155 ft. of said Lot 395, except the South 47.58 ft. thereof. The centerline being located 119 ft. from the N. W. corner as measured along the West line and 102 ft. from the N. E. corner as measured along the East line of said, parcel. PARCEL NO. 4 The South 47.58 ft. of Lot 395 and the North 27.92 ft. of Lot 396 of Supervisor's Livonia Plat No. 6 of part of the N. W. 1/4 of Section 1, T. 1 S. , R. 9 E., Livonia Twp. , (now City of Livonia), Wayne County, Michigan. Recorded in Liber 66 on Page 57 of Flats, Wayne Ominty Records. Containing 0.52 acres of land. Subject to easements and restrictions of record. PARCEL NO. 5 The North 75.50 ft. of the South 137.04 ft. of Lot 396 of Supervisor's Livonia Plat No. 6 of Part of the N. W. 1/4 of Section 1, T. 1 S. , R. 9 E. , Livonia Twp. , (now City of Livonia), Wayne County, Michigan. Recorded in Liber 66 on Page 57 of Plats, Wayne Cbunty Records. Containing 0.52 acres of land. Subject to easements and restrictions of record. PARCEL NO. 6 The South 61.54 ft. of Lot 396 and the North 13 96 ft. of Lot 397 of Supervisor's Livonia Plat No. 6 of part of the N. W. 1/4 of Section 1, T. 1 S., R. 9 E. , Livonia Twp. , (now City of Livonia), Wayne County, Michigan. Recorded in Liber 66 on Page 57 of Plats, Wayne County Records. Containing 0.52 acres of land. Subject to easements and restrictions of record. 16827 PARCEL NO. 7 The North 75.50 ft. of the South 151.0 ft of Lot 397 of Supervisor's Livonia Plat No. 6 of part of the N. W. 1/4 of Section 1, T. 1 S. , R. 9 E., Livonia Twp., (now City of Livonia), Wayne County, Michigan. Recorded in Liber 66 on Page 57 of Plats, Wayne County Records. Containing 0.52 acres of land. Subject to easements and restrictions of record. PARCEL NO. 8 The South 75.50 ft. of Lot 397 of Supervisor's Livonia Plat No. 6 of part of the N. W. 1/4 of Section 1, T. 1 S., R. 9 E., Livonia Twp., (now City of Livonia),Wayne County, Michhgan. Recorded in Liber 66 on Page 57 of Plats, Wayne County Records. Containing 0.52 acres of land. Subject to easements and restrictions of record. 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 Rggister of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was 478-78 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated December 7, 1977, approved for submission by the Mayor Pro Tem, with regard to a request by a Mr. George Sackleh, 18675 Wayne Road, Livonia, Michigan, wherein a request is submitted to divide Tax Item No. 46 029 99 0006 003 (08A3blal) into four (4) parts, the Council does hereby determine to refer this item back to the Depart- ment of Assessment for the purpose of permitting the petitioner the opportunity Gf revising his request for a division of the subject property into three (3) parts and thereafter resubmit the same to Council for further consideration. By Councilman Nash, seconded by Councilman Bishop, it was #'79-78 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation, dated December 15, 1977, approved by the Finance Director and approved for submission by the Mayor, which transmits the recommendation of the Parks and Recreation Commission for golf course green fees, the Council does hereby determine that the follow- ing Green Fees shall be established at the Whispering Willows and Idyl Wyld Golf Courses for the 1978 season or until such time as they may be revised or altered by action of the City Council: 16828 Residents 9 Holes - 18 Holes Iry Mondays thru Fridays $3.50 - 5.50 Saturdays - Sun. - Holidays 4.50 - 6.50 Non-Residents Mondays thru Fridays 3 75 - 6.00 Saturdays - Sun. - Holidays 5.00 - 7.00 Twilight Rates . Residents 2.50 Non-Residents 3.00 Senior Citizens' Rates (Residents Only) 9 holes - 1.50 18 holes- 3.00 Juniors(Residents0nly) 9 holes - 1.50 18 holes- 3.00 (Mondays (Idyl Wyld) Tuesdays (Whispering Willows). During Summer Vacations only - Juniors must tee-off prior to 11.30 a.m. ) A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Bennett, Bishop, Nash and McCann. NAYS: Brown. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Brown, it was p80-78 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated December 21, 1977, which bears the signature of the Director of Finance and is approved for submis- sion by the Mayor, the Council does hereby authorize the emergency repair order by the Mayor on December 15, 1977 of Vehicle No. 36, a 1975 GMC Tandem Axle Dump Truck by the GMC Truck Service Center for a sum not to exceed $4,000.00, the same to be appropriated and expended from the Equipment Maintenance Outside Repair Account No. 101-446-933-050.000, FURTHER, the (buncil does hereby determine to authorize the said work without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213(d)(1) and (4) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result. AYES• Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS. None. 16829 lip The communication dated January 5, 1978 from the Water and Sewer Board with respect to the Flat Rate Sewage Charges to Residents that are not connected to City water lines, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Brown, it was ##81-78 RESOLVED, that having considered a communication from the Person- nel Director, dated January 10, 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 December 1, 1977, wherein it is recommended that the hourly rate for CETA employees in the High School Co-Op, Food Service Aide, and Assistant Recreation Playleader classifica- tions be established in the amount of $2.65 per hour, such rates to be retroactive to and commencing from January 1, 1978, the Council does hereby determine to concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, it was #82-78 RESOLVED, that having considered a communication from the CETA Program Administrator, dated January 11, 1978, approved by the Finance Director and approved for submission by the Mayor, to which is attached Grant Modification 008 to CETA Title II, the Council does hereby authorize the said Grant Modification in the manner and form indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES• Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS• None. By Councilman Nash, seconded by Councilman Brown, it was #83-78 RESOLVED, that having considered a communication from the CETA Program Administrator dated January 10, 1978, approved by the Finance Director and approved for submission by the Mayor, to which is attached Grant Modification 016 to CETA Title VT, the Council does hereby authorize the said Grant Modification in the manner and form indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. 16830 By Councilman Nash, seconded by Councilman Bennett, it was Ibe X84-78 RESOLVED, that having considered a communication from the Livonia Housing Commission, dated January 11, 1978, approved for submission by the Mayor, wherein it is recommended that the salary for the Executive Director of the Livonia Housing Commission be increased in the amount of 2% plus 25¢ per hour cost-of-living, retroactive to and commencing from December 1, 1977, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result AYES• Raymond, Bennett, Nash, Brown and McCann. NAYS- Bishop. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Bishop, it twas #85-78 RESOLVED, that having considered a communication from the Depart- ment of Law, dated January 17, 1978, approved by the Industrial Coordina tor and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to employ an expert real estate appraiser• for a sum not to exceed $700.00 for the pirpose of obtaining appraisals of (a) City-owned property located at 31.145 West Eight Mile Road, east of Merriman Road, and (b) property owned by the Williams Hoisting Equip- ment Company at 19941 Deering, Livonia, Michigan, being Lots 322 and 323 of Argonne Subdivision, said appraisals to thereafter be submitted to Council for its consideration, and for this purpose the Council does hereby determine to appropriate and authorize the expenditure of a sum not to exceed $700.00 from the Unexpended Fund Balance Account, and the City ClerL and City Treasurer are hereby requested to do all things neces- sary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS. None. By Councilman Bennett, seconded by Councilman Brown, it was #86-78 RESOLVED, that having considered a communication from the City Clerk, dated January 18, 1978, the Council does hereby determine to designate the Observer & Eccentric Newspaper, " Division of Suburban Communications Corporation, 36251 Schoolcraft Road, Livonia, Michigan 4815C, as the Official Newspaper of the City of Livonia for the period of March 1, 1978 through February 28, 1979 A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. 16831 By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #87-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated September 9, 1977 on al:L matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 16, 1978, atter due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code- (1) accept and approve said statement in all respects, (2) Determine to make improvement consisting of a 31-foot wide full-depth asphalt pavement with concrete curbs and gutters (Alternate II) on Floral Avenue, north of Joy Road in the S.E. 1/4 of Section 36, T 1 S., R 9 E , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in pro- portion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statemcnt dated September 9, 1977, (4) determine that the estimated cost of such improvement is $57,882.35, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, (6) that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be 15%($8,682.35) and that the balance of said cost and expense of said public improvement amounting to $49,200 00 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in propor- tion to the benefits to be derived therefrom (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Lots 58 through 69 inclusive and lot 70, 71c, 72c, 73c, lot 71b, 72b, 73b and lot 71a of Joy Road Cozy Homesites and 361104, 105, 106, 361107, 108, 361109, 362110, 361111, 112, 361113a, 114a, 361175a, 176a, 361177, 178,179, 361180, 181, 361182, 183 and 361184a, 185a. 16832 (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit on all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and fi:Le the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code. By Councilman Brawn, seconded by Councilman Bishop, it was #88-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 9, 1977, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the proposed paving improvement of Floral Avenue, north of Joy Road, the Council does hereby request that the Wayne County Drain Commissioner return to the City of Livonia the sum of $25,000.00 from such surplus funds as may be available in any County;Drain Projects which have been completed within the Livonia Drain No. 1 Drainage District for the purpose of per- mitting the construction of local storm sewers on Floral Avenue which would be installed in connection with the Floral Avenue Paving Project; and the City Engineer and City Clerk 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: Raymond, Bennett, Bishop, Nash, Brown and McCann NAYS None. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was p89-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 9, 1977, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the proposed paving improvement of Floral Avenue, north of Joy Road, the Council does hereby request and authorize the Department of Law and Engineering Division to proceed with the acquisition of right-of-way re- quired in connection with the Floral Avenue Paving Project. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was 16833 #90-78 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated September 23, 1977 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 16, 1978, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve said statement in All respects; (2) determine to make the improvement consisting of 31-foot wide full-depth asphalt pavement with concrete curbs and gutters (Alternate II) on Cardwell Avenue between Joy Road and West Chicago in the S.E 1/4 of Section 36, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated September 23, 1977, (4) determine that the estimated cost of such improvement is $136,765.40, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, (6) that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be 15%($20,514.80) and that the balance of said cost and expense of said public improvement amounting to $116,250.60 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in propor- tion to the benefits to be derived therefrom (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: L3bl, 3b2a, 4a2, 4b, 4ci, L3b2b, 4c2, Llb, 2b, 5a, Llc, 2c, 5b, Lid, 2d, 6a, Lle, 2e, 6b1, Llf, 2f, L6b2, 7, L8, L9, L10, L11, L12, L13, L14, L15, L16, 17, L18, L19, L20, 21, 22a, L22b, L23, L24, L25, L26, L27, 28, L30a1, 31a, L30a2, 31b, L30a3, 31c, L30a4, a5a, 31d, el, L30a5b, 30a6, 31e2, 31f, L31g, Mla, 2a, Mlb, 2b, Mic, 2c, Mld, 2d, M6, M7a, M7bla, M7blb, 7b2, MB, M9, M10, M11, M12, M13a, M13b, M14, M15, M16, M17, M18, M19, M20, M21, M22, M23, M24, M25, M26, M27, M28, M29, M30, M31b, 32b and M31a, 32a. 1683+ (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provi- sions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code. By Councilman Raymond, seconded by Councilman Nash, it was 491-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 23, 1977, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the proposed paving improvement of Cardwell Avenue between Joy and West Chicago Roads, the Council does hereby request that the Wayne County Drain Commissioner return to the City of Livonia the sum of $53,000.00 from the Surplus Construction Funds as may be available in the Livonia Drain No. 1 or Livonia Drain No. 1 Branches Construction Accounts for the purpose of constructing such storm drainage as may be required in connection with the Cardwell Avenue Paving Project, and the City Engineer and the City Clerk are hereby requested to do all things necessary or incidental to the full performance of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Bishop, it was 16835 #92-78 RESOLVED, that having considered a communication dated August 1, 1977 from the City Planning Commission which sets forth its Resolution. 7-144-77 with regard to Petition No. 77-6-1-20 submitted by Gabriele Paciocco for a change of zoning on property located on the north side of Curtis Road between Farmington Road and Filmore in the Northeast 1/4 of Section 9 from R-3 to R-7, and the Council having conducted a public hearing with regard to this matter on January 16, 1978, pursuant to Council Resolution 1001-77, the Council does hereby concur in the recom- mendation of the Planning Commission and the said Petition 77-6-1-20 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 Depart- ment of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Bishop, Brown and McCann. NAYS Nash. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Brown, it was #93-78 RESOLVED, that having considered a communication dated September 30, 1977 from the City Planning Commission which sets forth its resolution 9-186-77 with regard to Petition 77-7-1-25 submitted by Verssie Meisner for a change of zoning on property located on the southeast corner of Six Mile and Merriman Roads in the Northwest 1/4 of Section 14 from RUF to P.S , and the Council having conducted a public hearing with regard to this matter on January 16, 1978, pursuant to Council Resolution No. 1001-77, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 77-7-1-25 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result, AYES: Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS, None. By Councilman Brown, seconded by Councilman Raymond, it was #94-78 RESOLVED, that having considered a communication dated October 14, 1977 from the City Planning Commission which sets forth its resolu- tion 10-205-77 with regard to Petition 77-8-1-29 submitted by the Polish Legion of American Veterans for a change of zoning on property located on the southeast corner of Eckles and Amrhein Roads in the Southwest 1/4 of Section 30 from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on January 16, 1978, pursuant to Council Resolution 1001-77, the Council does hereby 16836 concur in the recommendation of the Planning Commission and the said Petition 77-8-1-29 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 was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #95-78 RESOLVED, that having considered a communication dated September 30, 1977 from the City Planning Commission which sets forth its resolution 9-193-77 with regard to Petition 77-2-6-3 submitted by the City Planning Commission on its own motion to amend Section 17.04 of the Zoning Ordinance so as to revise setback requirements in the M-2 Zoning District, and the Council having conducted a public hearing with regard to this matter on January 16, 1)78, pursuant to Council Resolu- tion 1001-77, the Council does hereby determine to refer this item to the Legislative Committee for its report and recommendation. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #96-78 RESOLVED, that having considered a communication dated September 30, 1977 from the City Planning Commission which sets forth its resolution 9-194-77 with regard to Petition 77-8-6-8 submitted by the City Planning Commission on its own motion to amend Section 18.24 of the Zoning Ordinance so as to provide controls on heights of detached garages and accessory buildings, and the Council having conducted a public hearing with regard to this matter on January 16, 1978, pursuant. to Council Resolution 1001-77, the Council does hereby determine to refer this item to the Legislative Committee for its report and recom- mendation. By Councilman Raymond, seconded by Councilman Bishop, it was #97-78 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the recom- mendation of the Mayor dated January 17, 1978, the Council does hereby confirm the reappointment of Mr. Louis Lekar, 34920 Beacon, Livonia, Michigan, to the Board of Review for a term of three years expiring February 16, 1981. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS. None. 16837 By Councilman Nash, seconded by Councilman Bennett, it was L - #98-78 RESOLVED, that having considereda communication from the City Assessor, dated January 11, 1978, approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6, of the Charter of the City of Livonia, the Council does hereby determine that the Board of Review shall conduct Public Hearings in 1978 on the following dates FIRST SESSION Tuesday March 7, 1978 9.00 a. m - 12 30 p. m. 1.30 p m. - 4 30 p. m Wednesday March 8, 1978 9.30 12 30 1 30 4 30 p m. Thursday March 9, 1978 9.30 12 30 1 30 4.30 Friday March 10, 1978 9.30 12 30 1.30 4.30 SECOND SESSION Monday March 13, 1978 9.00 a. m. - 12 30 p. m 3 00 p. m. - 9:00 p. m Wednesday March 15, 1978 9 30 12:30 1 30 4 30 Friday March 17, 1978 9.30 12.30 1 30 4.30 Monday March 20, 1978 3 00 p. m. - 9.00 p. m. Wednesday March 22, 1978 9 30 a m. - 12 30 p m. 1.30 4 30 Thursday March 23, 1978 9 30 12 30 1 30 4:30 Friday March 24, 1978 9 30 12 30 1 30 4 30 Monday March 27, 1978 3 00 p. m. - 9:00 p m. Wednesday March 29, 1978 9 30 a. m. - 12 30 p. m. 1 30 4 30 Thursday March 30, 1978 9 30 12 30 1.30 4.30 Friday March 31, 1978 9 30 12 30 1 30 4:30 Saturday April 1, 1978 9 30 2.00 Monday April 3, 1978 9 30 a m 12 30 p. m. 3.00 p. m. 9.00 p m. Tuesday April 4, 1978 9 30 12 30 1.30 4.30 in the Board Room of the Assessor's Office in the City Hall, 33001 Five Mile Road, Livonia, Michigan, and such additional meetings as may be necessary for the purpose of reviewing the assessment roll for the•-year 1978, and hearing any taxpayers deem- ing themselves aggrieved by the said assessments, further, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board cf Review shall be in the amount of $75 00 for the Chairman and $60 00 for other members A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS None By (Duncilman Nash, seconded by Councilman Brown, it was #99-78 RESOLVED, that having considered a communication from the Water and Sewer Board, dated January 12, 1978, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby determine to amend the 1977-78 Sewer Budget in the following manner• 16838 Account Original Budget Amended Budget Description 1977-1978 Adjustment 1977-1978 Revenues - Sewage Disposal Wayne Cty $1,117,800. $350,774. $1,468,574. Sewage Disposal Costs Wayne Cty Charges 1,064,000. 350,774. $1,365,000. the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result . AYES: Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, it was #100-78 RESOLVED, that having considered a communication dated January 18, 1978 from the Department of Law, transmitting for Council acceptance a Grant of Easement to the City for proposed storm sewer construction in the N W. 1/4 of Section 1 in connection with the paving of Morlock Avenue, which easement is more particularly described as follows L Gran* of Easement dated January 11, 1978 from Alexander Spire and Roae C. Spiro, his wife, to: The East 20 ft of the following described parcel Lot 356, excluding the East 60 feet thereof, Supervisors Livonia Plat No. 6, of part of the N W 1/4 of Section 1, T 1 S. , R. 9 E , City of Livonia, Wayne County, Michigan. (01E356B2) The Council does hereby for and on behalf of the City of Livonia accept the aforesaid Grant of Easement, and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS None. The communication dated January 13, 1978 from the City Engineer, in Lregard to the request for street lighting at the Berean Bible Church, 35375 Ann Arbor Trail (CR-4-78), was received and filed for the information of the Council. 16839 By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #101-78 RESOLVED, that the Council having considered a communication from the City Engineer dated December 21, 1977, approved by the Director of Riblic Works and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required' that ornamental street lighting with underground wiring shall be provided in all subdi- visions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Tiffany Square Subdivision in the N. E. 1/4 of Section 8 and Bureau of Taxation Parcels 09b1b3, 2a2c and 09b1b4, 2a2d in the N. W 1/4 of Section 9, T. 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifi- cations therefor and an estimate for 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 assessments may be paid and the lands which should be included in the proposed special assessment district, and it appear ing to the Council that all of such information, estimate, plans and specifications, and recommendations have been properly filed by the City Engineer with the City Clerk under date of January 17, 1978, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, March 20, 1978 at 7.00 P. M. as the date and time f'c' a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the City Hall, 33001 Five Mile R)ad, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is herepy authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Brown;. seconded by Councilman Bishop, and unanimously adopted, it was #102-78 RESOLVED, that the Council having considered a communication from the City Engineer dated December 19, 1977, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Ron-Mar Estates Subdivision in the North 1/2 of Section 19, and that part of Bureau of Taxation Parcel 19C2a2a, C2b1, Dla, Ela in Section 19, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated 1684o the number of parcels which show tax delinquencies the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and speci- fications therefor and an estimate fot, 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 general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications, and recommendations have been property filed by the City Engineer with the City Clerk under date of January 17, 1978, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, March 20, 1978 at 7 00 P M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #103-78 RESOLVED, that the Council having considered a communication from the City Engineer dated December 21, 1977, approved by the Director of Public Works and approved for suLmission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Francavilla Subdi- vision No 2 in the S E 1/4 of Section 9, and Lots 425 through 432, both inclusive, Seven Mile Super Highway Subdivision, T 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, and such report having indica+ ed the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifi- cations therefor and an estimate for 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 assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications, and recommendation have been properly filed by the City Engineer with the City Clerk under date of January 17, 1978, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, March 20, 1978 at 7 00 P. M. as the date and time for a public hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Code of Ordinances, as amended, and the City Clerk is hereby author- ized to give notice and publication of such hearing as is required by Section 2-507 of said Code 16841 By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #104-78 RESOLVED, that the Council having considered a communication from the City Engineer dated December 21, 1977, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Brookwood West Subdivision in the S. W. 1/4 of Section 11, T. 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delin- quencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for 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 assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specification: and recommendations have been properly filed by the City Engineer with the City Clerk under date of January 17, 1978, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, March 20, 1978 at 7 00 P M as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publica- tion of such hearing as is required by Section 2-507 of said Code By Councilman Brown, seconded by Councilman. Bishop, and unanimously adopted, it was #105-78 RESOLVED, that the Council having considered a communication from the City Engineer dated December 21, 1977, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, irkrerein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Windridge Subdivision in the S E 1/4 of Section 4, T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for 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 install- ments in which assessments may be paid and the lands which should be 16842 included in the proposed special assessment district, and it appearing to IL. the Council that all of such information, estimate, plans and specifica- tions, and recommendations have been properly filed by the City Engineer with the City Clerk under date of January 17, 1978, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday March 20, 1978 at 7:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #106-78 RESOLVED, that the Council having considered a communication from the City Engineer dated December 21, 1977, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Tanglewood Subdivision and Lots 124, 125 and 148 of Idyl Wyld Estates No. 2 in the East 1/2 of Section 20, T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for 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 install- ments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifica- tions, and recommendations have been properly filed by the City Engineer with the City Clerk under date of January 17, 1978, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, March 20, 1978 at 7.00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #107-78 RESOLVED, that the Council having considered a communication from the City Engineer dated December 14, 1977, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution No. 920-77, wherein the City Engineer has 16843 ascertained the assessed valuation of all property affected by the proposed installation of ornamental street lighting with underground wiring in Algonquin Park Subdivision in the N E 1/4 of Section 23, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file she 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 install- ments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifica- tions, and recommendations have been properly filed by the City Engineer with the City Clerk under date of January 17, 1978, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, March 20, 1978 at 7.00 P. M as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said. Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #108-78 RESOLVED, that the Council having considered a communication from the City Engineer dated December 15, 1977, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution No 1112-77, wherein the City Engineer has ascertained the assessed valuation of all property affected by the pro- posed installation of ornamental street lighting with underground wiring on Veronica Drive, East of Levan Road in the N E. 1/4 of Section 29, T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifica- tions therefor and an estimate for 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 assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications, and recommenda tions have been properly filed by the City Engineer with the City Clerk under date of January 17, 1978, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, March 20, 1978 at 7:00 P M. as the date and time for a Public Hearing on the NECESSITY fox such proposed improvement which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. 16844 By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #109-78 RESOLVED, that the Council having considered a communication from the City Engineer dated December 19, 1977, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Blue Grass Estates Subdivision in the E. 1/2 of Section 18, T. 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for 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 assessments may be paid and the 1,0 lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications, and recommendations have been properly filed by the City Engineer with the City Clerk under date of January 17, 1978, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, March 20, 1978 at 7.00 P M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Brown, seconded by Councilman Bishop, it was #110-78 RESOLVED, that having considered a communication from the Hearing Officer, dated November 16, 1977, approved for submission by the Mayor, with regard to a request to demolish a house located at 18345 Brentwood, Livonia, Michigan, the legal description of which is as follows. 16845 Lot 43, Thomas F. O'Connor's Middlebelt Subdivision, being a part of the N. W. 1/4 of Section 12, T 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, according to the plat thereof as recorded in Liber 68, Page 96 of Plats, Wayne County Records. and the Council having conducted a public hearing with respect to this matter on January 23, 1978, pursuant to Council Resolution No. 1114-77, and based upon the testimony and evidence presented, and having reviewed the file and the order for demolition of the Hearing Officer, the Council does hereby determine in accordance with the provisions set forth in Section 3-128 of the Livonia Code of Ordinances to concur in and approve the order of demolition of the Hearing Officer, further, the owner or owners of the structure in question are hereby requested to demolish the same or in lieu thereof upon the expiration of the 20 day period prescribed by City Ordinance, the Department of Public Works is hereby authorized to do all things necessary to accomplish the demolition of the said structure in accordance with provisions of the City Ordinance and law, the cost of which is to be borne by the owner or owners of the said property in accordance with Section 3-131 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result: AYES• Bennett, Bishop, Nash, Brown, Ra"pond and McCann NAYS: None. Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 7 (RETIREMENT PIAN) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTION 2-704 THEREOF. 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 foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 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 OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO 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 foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. The following preamble and resolution were offered by Councilman Brown and supported by Councilman Bishop: 16846 #111-78 WHEREAS, the qualified electors of the City of Livonia, County of Wayne, Michigan, pursuant to the authorization provided by law, at the election duly called and held in said City on November 8, 1977, did by more than the required majority of those voting approve the following proposition. "Shall the City of Livonia, County of Wayne, Michigan, borrow the principal sum of not to exceed Seven Million Nine Hundred Thousand ($7,900,000.00) Dollars and issue its general obligation unlimited tax bonds therefor, for the purpose of defraying the City's share of the cost of paving, widening and improving streets and highways within the City, including neces- sary rights-of-way, railroad grade separations, side- walks,curb and gutter and proper drainage facilities therefor?" AND WHEREAS, it is the determination of the City Council that at this time bonds in the principal amount of Two Million One Hundred Thousand $2,100,000.00) Dollars should be issued as a first series of said total authorization, for the purpose of paying part of the cost of certain of the improvements specified in the aforesaid. proposition, NOW, THEREFORE, BE IT RESOLVED TEAT. 1. Bonds of the City of Livonia, County of Wayne, Michigan, desig- nated GENERAL OBLIGATION STREET AND HIGHWAY BONDS, SERIES I, be issued in the aggregate principal sum of Two Million One Hundred Thousand $2,100,000.00) Dollars for the purpose of defraying part of the cost of acquiring and constructing a portion of the above-described improvements, being the purpose for which the bonds were approved by the qualified electors of the City. The total cost of said portion of the improvements is being estimated to be Four Million Nine Hundred Eighty-Three Thousand ($4,983,000.00) Dollars, the remaining share to be defrayed from grant funds and, to the extent necessary, City funds on hand and Ipw,lly avail- able therefor. Said issue shall consist of four hundred twenty (420) bonds of the denomination of $5,000.00 each, numbered consecutively in direct order of maturity from 1 to 420, inclusive, dated as of May 1, 1978, and maturing serially as follows : $ 75,000.00 April 1, 1983, $125,000.00 April 1, 1984, $150,000.00 April 1st of each of the years 1985, 1986 and 1987, $200,000.00 April 1st of each of the years 1988 and 1989, r250,000.00 April 1st of each of the years 1990 and 1991 275,000.00 April 1st of each of the years 1992 and 1993. Bonds of this issue will not be subject to redemption prior to maturity. 2. Said bonds shall be coupon bonds and shall bear interest at a rate or rates to be determined on public sale thereof, but in any event 16847 not exceeding eight per cent (8%) per annum, payable on October 1, 1978, and semi-annually thereafter on April 1st and October 1st of each year, both principal and interest to be payable at a bank or trust company qualified by law to act as paying agent, to be designated by the original purchaser of the bonds, subject to the approval of the City Clerk. A co- paying agent similarly qualified and approved may also be named. Bonds shall be registrable as to principal only in the manner set forth in paragraph 5 hereof. Interest on the bonds from May 1, 1978 to October 1, 1978 shall be capitalized and paid from the proceeds of the Bonds. 3. The Mayor, City Clerk and City Treasurer be, and they are hereby authorized to execute and sign the aforesaid bonds in conformity with the above specifications, and the Mayor and City Treasurer shall execute the interest coupons to be attached to said bonds by causing to be affixed thereto their facsimile signatures, and there shall be affixed to said bonds the seal of the City, and that upon due and legal execution of said bonds, the City Treasurer be, and is hereby authorized and direct- ed to deliver said bonds to the purchaser thereof upon receipt of the purchase price therefor. 4. The City Treasurer shall be and is hereby authorized and directed to open a separate depositary account with a bank or trust company designated by the City Council, to be designated GENERAL OBLIGA- TION STREET AND HIGHWAY BONDS, SERIES I ')EBT RETIREMENT FUND (Hereinafter sometimes referred to, for brevity, as the "Debt Retirement Fund"), the moneys to be deposited into said fund to be specifically earmarked and used solely for the purpose of paying principal and interest on the bonds herein authorized (Hereinafter sometimes referred toes the "bonds"), as they mature. Into said fund there shall be placed from the proceeds of the bonds, a sum equal to the accrued interest and premium, if any, received at the delivery of the bonds, plus a sum, which when taken to- gether with said accrued interest and premium, if any, will be sufficient to pay interest on the bonds from May 1, 1978 to October 1, 1978. In addition, all proceeds from taxes levied for said Debt Retirement Fund shall be deposited as collected into said fund. Commencing with the fiscal year beginning December 1, 1978, there shall be levied upon the tax rolls of the City for the purpose of the Debt Retirement Fund each year, in the manner required by the provisions of Act 202, Riblic Acts of Michigan, 1943, as amended, an amount sufficient so that the estimated collection therefrom will be sufficient to promptly pay, when due, the principal and interest on the bonds becoming due on the April 1st next following the levy and the principal and interest becoming due on the October 1st next following said April 1st: Provided, however, that if at the time of making any such annual tax levy there shall be surplus moneys on hand in the Debt Retirement Fund for the payment of principal of and interest on the bonds herein authorized, then credit therefor may be taken against such annual levy for said fund. 5. The said bonds and coupons shall be in substantially the following form: 16848 UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA GENERAL OBLIGATION STREET AND HIGHWAY BOND, SERIES I No. $5,000.00 KNOW ALL MEN BY THESE PRESENTS, that the CITY OF LIVONIA, County of Wayne, State of Michigan, acknowledges itself to owe and, for value received, hereby promises to pay to the bearer hereof, or if registered to the registered owner, the sum of FIVE THOUSAND DOLLARS lawful money of the United States of America, on the first day of April, A.D., 19 _, with interest thereon from the date hereof until paid at the rate of per cent ( %) per annum, payable on October 1, 1978, and semi-annually thereafter on the first day of April and October of each year, upon presentation and surrender of the proper interest coupons hereto attached as they severally become due. Both principal of and interest on this bond are hereby made payable at the principal office of and for prompt payment of this bond, both principal and interest, the full faith, credit and resources of the City of Livonia are hereby irrevocable pledged. This bond is one of a series of four hundred twenty (420) bonds of even date and like tenor, except as to rate of interest, and date of maturity, aggregating the principal sum of $2,100,000.00, numbered consecutively in direct order of maturity from 1 upwards, issued as a first series of a total authorization of $7,900,000.00 for the purpose of defray- ing part of the cost of acquiring and constructing various street and highway improvements in the City in pursuance of a vote of the qualified electors of said City Voting thereon at an election duly called and held on November 8, 1977, for such purpose. Bonds of this issue are not subject to redemption prior to maturity. This bond may be registered as to principal only on the books of the City kept by the paying agent in the name of the holder and such registration noted on the back hereof by the paying agent, after which no transfer shall be valid unless made on the books and noted on the back hereof in like manner, but transferability by delivery may be restored by registration to bearer. Such registration shall not affect the negotia- bility of the interest coupons. 16849 This bond is payable out of the Debt Retirement Fund of the City of Livonia, and it is hereby certified and recited that all acts, condi- tions and things required by law to be done, precedent to and in the issuance of this bond and the series of bonds of which this is one, exist and, have been done and performed in regular and due form and time as required by law, and that the total indebtedness of said City, including this bond, does not exceed any constitutional, statutory or charter limitation. IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of Michigan, by its City Council, has caused this bond to be signed in the name of said City by its Mayor and to be countersigned by its City Clerk and City Treasurer and its corporate seal to be hereunto affixed, and has caused the annexed interest coupons to be signed by the facsimile signatures of its Mayor and. City Treasurer, all as of the first day of May, A.D., 1978. CITY OF LIVONIA By Mayor (SEAL) Countersigned. City Clerk City Treasurer (Form of Coupon) No. On the first day of , A.D., 19_, the CITY OF LIVONIA, County of Wayne, State of Michigan, promises to pay to the bearer hereof the sum shown hereon at the principal office of BEING THE interest due that date on its GENERAL OBLIGATION STREET AND HIGHWAY BOND, SERIES I, dated May 1, 1978, No. Mayor City Treasurer 16850 REGISTRATION NOTHING TO BE WRITTEN HEREON EXCEPT BY THE PAYING AGENT Date of Registration Name of Registered Owner Registrar • • 6. The City Clerk shall make application to the Municipal Finance Commission for an order granting permission for the issuance of said bonds. 7. The City Clerk shall attach to said application to the Municipal Finance Commission a certified copy of the complete proceedings of this City Council pursuant to the bond issue. 8. The City Clerk is authorized and hereby ordered to publish notice of sale of the bonds herein authorized in The Bond Buyer, New York, New York, and in the Observer-Eccen`;ric, Livonia, Michigan, a news- paper of general circulation in the City, which notice of sale shall be in substantially the following form: OFFICIAL NOTICE OF SALE $2,100,000.00 CITY OF LIVONIA COUNTY OF WAYNE, STATE OF MICHIGAN GENERAL OBLIGATION STREET AND HIGHWAY BONDS, SERIES I SEALED BIDS for the purchase of the above bonds will be received by the undersigned at the office of the City Clerk located at Livonia, Michigan 48154, on the day of , 1978, until o'clock .m., Eastern Time, at which time and place said bids will be publicly opened and read. The bonds will be awarded to the successful bidder at a City Council meeting to be held at the City Hall, Livonia, Michigan at o'clock .n. , on the same date. BOND DETAILS. Said bonds will be coupon bonds of the denomination of $5,00101.00 each, registrable as to principal only dated May 1, 1978, number- ed in direct order of maturity from 1 upwards and will bear interest from their date payable on October 1, 1978, and semi-annually thereafter. Said bonds will mature on the 1st day of April, as follows: 16851 $ 75,000.00 April 1, 1983, $125,000.00 April 1, 1984, $150,000.00 April 1st of each of the years 1985, 1986 and 1987, $200,000.00 April 1st of each of the years 1988 and 1989. $250,000.00 April 1st of each of the years 1990 and 1991. $275,000.00 April 1st of each of the years 1992 and 1993. PRIOR REDEMPTION: Bonds of this issue shall not be subject to redemption prior to maturity. INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest at a rate or rates not exceeding 8% per annum, to be fixed by the bids therqn, gmressed in multiples of 1/8 or 1/20 of 1%,or both. The interest on any /bond shall be at one rate only, all bonds maturing in any one year must carry the same interest rate and each coupon period will be represented by one interest coupon. The difference between the highest and lowest inter- est rates bid shall not exceed 2%. No proposal for the purchase of less than all of the bonds or at a price less than 100% of their par value will be considered. PAYING AGENT. Both principal and, interest shall be payable at a bank or trust company located in Michigan qualified to act as paying agent under State or United States law to be designated by the original purchaser of the bonds, who may also designate a co-p-ying agent, which may be located outside of Michigan, qualified to act as paying agent under the law of the State in which located or of the United States, both of which shall be subject to approval of the undersigned. PURPOSE AND SECURITY: The bond were authorized at an election held November 8, 1977, and are issued as a first series of a total authoriza- tion of $7,900,000 for the purpose of defraying part of the cost of acquiring and constructing various street and highway improvements in the City. The bonds will pledge the full faith and credit of the City of Livonia for payment of the principal and interest thereon and will be payable from ad valorem taxes, which may be levied without limitation as to rate or amount. The rights or remedies of bondholders may be affected by bankruptcy laws or other creditor's rights legislation now existing or hereafter enacted. GOOD FAITH: A certified or cashier's check in the amount of $42,000.00, drawn upon an incorporated bank or trust company and payable to the order of the Treasurer of the City must accompany each bid as a guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails to take up and pay for the bonds. No interest shall be allowed on the good faith checks and checks of the unsuccessful bidders will be promptly returned to each bidder's representative or by registered mail. The good faith check of the successful bidder may be immediately cashed in which event payment for the balance of the purchase price of the bonds shall be made at the closing. AWARD OF BONDS. The bonds will be awarded to the bidder whose bid produceL the lowest interest cost computed by determining, at the rate or rates specified in the bid, the total dollar value of all interest on the bonds from , 19 , to their maturity and deducting therefrom any premium. 16852 LEGAL OPINION: Bids shall be conditioned upon the unqualified approving opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, a copy of whichopinion will be printed on the reverse side of each bond, and the original of which will be furnished without expense to the purchaser of the bonds at the delivery thereof. The fees of Miller, Canfield, Paddock and Stone for services rendered in connection with such approving opinion are expected to be paid from bond proceeds. Except to the extent necessary to issue their unqualified approving opinion as to validity of the above bonds, Miller, Canfield, Paddock and Stone has not been requested to examine or review and has not exmm ned or reviewed any financial documents, statements or materials that have been or may be furnished in connection with the authorization, issuance or marketing of the bonds, and accordingly will not express any opinion with respect to the accuracy or completeness of any such financial documents, statements or materials. DELIVERY OF BONDS: The City will furnish bonds ready for execution at its expense. Bonds will be delivered without expense to the purchaser at Chicago, Illinois, New York, New York or Detroit, Michigan. The usual closing documents, including a certificate that no litigation is pending affecting the issuance of the bonds, will be delivered at the time of the delivery of the bonds. If the bonds are not tendered for delivery by twelve o'clock noon, Eastern Time, on the 45th day following the date of sale, or the first business day thereafter if said 45th day is not a business day, the successful bidder may on that day, or any time thereafter until delivery of the bonds, withdraw his proposal by ser,ring notice of cancellation, in writing, on the undersigned in whikah event the City shall promptly return the good faith deposit. Payment for the bonds shall be made in Federal Reserve Funds. Accrued interest to the date of delivery of the bonds shall be paid by the purchaser at the time of delivery. CUSIP NUMBERS: It is anticipated that CUSIP identification numbers will be printed on said bonds, but neither the failure to print such numbers on any bonds nor any error with respect thereto shall constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and pay for said bonds in accordance with terms of the purchase contract. All expenses in relation to the printing of CUSIP numbers on said bonds shall be paid for by the issuer, provided, however, that the CUSIP Service Bureau charge for the assignment of said numbers shall be the responsibility of and shall be paid for by the purchaser. THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS. ENVELOPES containing the bids should be plainly marked "Proposal for General Obligation.Bonds. " City Clerk APPROVED STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION 16853 9. The estimated period of usefulness of the proposed street and highway improvements is hereby declared to be not less than twenty (20) years 10. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, it was #112-78 RESOLVED, that having considered the report and recommendation of the Streets, Roads & Flats Committee, dated January 17, 1978, and submitted pursuant to Council Resolution 334-77, in connection with a communication from the Department of Law, dated March 4, 1977, regarding the proposed vacating of certain outlots in the Stark Gardens Subdivi- sion, the Council does hereby determine to refer to the City Planning Commission the matter of the proposed vacating of Outlot "D" for action and recommendation in accordance with provisions of Law and City Ordinance. By Councilman Bishop, seconded by Councilman Raymond, and unanimously adopted, it was #113-78 RESOLVED, that having considered the report and recommendation of the Streets, Roads & Plats Committee, dated January 17, 1978, and submitted pursuant to Council Resolution 557-77, in connection with a communication from the City Engineer, dated May 6, 1977. with respect to proposed special assessment districts for water mains and street paving on Rirlingbrook Avenue, north of Six Mile Road, the Council does hereby determine to take no further action with respect to this matter at this time. By Councilman Bishop, seconded by Councilman Raymond, and unanimously adopted, it was #114-78 RESOLVED, that having considered the report and recommendation of the Streets, Roads & Plats Committee, dated January 17, 1978, and submitted pursuant to Council Resolution 64-?7, in connection with a communication from the City Engineer, dated December 6, 1976, which submits final cost information with respect to the Bonaparte Gardens Subdivision street improvement (S.A.D No. 140), the Council does hereby determine to refer this item to the Committee of the Whole for further consideration, together with a review of the City's overall policy relative to paving costs where they exceed original estimates on confirmed Special Assessment Districts 16854 By Councilman Nash, seconded by Councilman Brown, and unanimously 100 adopted, it was #115-78 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934 MCLA 125 584), as well as Article XXIII of Ordinance No 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, April 17, 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 77-9-1-31 submitted by the City Planning Com- mission pursuant to Council Resolution 803-77 for a change of zoning on property located south of Seven Mile Road, west of Merriman Road in the Northeast 1/4 of Section 10, from P L to R-5, as amended, the City Plan- ning Commission having in its resolution No. 12-271-77 recommended to the City Council that Petition 77-9-1-31 be approved (2) Petition 77-10-1-38 submitted by Leo Soave for a change of zoning of property located on the west side of Newburgh Road, north of Seven Mile Road in the Southeast 1/4 of Section 6 from RUFC to C-2, the City Planning Commission having in its resolution No. 12-267-77 recommended to the City Council that Petition 77-10-1-38 be denied, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, (and/or) (b) location of the proposed changes of zoning as is set forth above, first to be published in the official newspaper of the City or a news- paper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Brown, seconded by Councilman Nash, and unanimously adopted, it was #116-78 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting Regular Meetings of the City Council for the month of March, 1978• Wednesday, March 1, 1978, and Wednesday, March 15, 1978 16855 By Councilman Brown, seconded by Councilman Nash, it was #117-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 23, 1978, approved by the Director of Public Works and approved for submission by the Mayor with regard to the heating, ventilation and air conditioning contract (Phase III, Part 6) awarded to A-N-J Heating and Air Conditioning Corporation, 14650 Wyoming, Detroit, Michigan 48238, pursuant to Council Resolution 1083-77, the Council does hereby determine to authorize Change Orders 1 and 2 to the said Contract in the manner set forth and attached to the aforesaid communication so as to reduce the overall amount of the contract awarded from $744,460.00 to $634,745 00 and for this purpose the Counod:l does hereby authorize the Director of Public Works to approve the said two change orders for and on behalf of the City. A roll call vote was taken on the foregoing resolution with the following result: AYES• Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS None. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #118-78 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #119-78 RESOLVED, that the Council does hereby determine to rescind and repeal Council Resolution No 39-78, adopted on January 18, 1978, which resolution set the date for a hearing with respect to demolishing a vacant commercial building at 28450 Joy Road By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #120-78 RESOLVED, that having considered a communication from the Hearing Officer, dated December 19, 1977, approved for submission by the Mayor, with respect to a request to demolish a building located at 28450 Joy Road, Livonia, Michigan, the legal description of which is as follows Parcel 36G4A1A El Cl - E. 133 ft. of S 300 Ft of SW 1/4 Section 36, T. 1 S , R. 9 E , Exc E 43 ft, also Exc S 60 ft. 0.50 Ac 16856 and a hearing having been conducted by the Hearing Officer on December 14, 1977 at the conclusion of which, based upon the testimony and evidence presented, it having been the determination of the Hearing Officer that the said structure should be demolished inasmuch as it represents a hazard and danger to the Public Health, safety and welfare, the Council does hereby determine, in accordance with the provisions set forth in Section 3-128 of the Livonia Code of Ordinances, that a Hearing shall take place before the City Council of the City of Livonia on Monday, February 27, 1978 at 8.00 P M., at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, FURTHER, the City Clerk is hereby requested to, no less than ten days prior to the aforesaid date of said hearing, cause to have a notice in writing of the aforesaid hearing to be mailed by certified mail, return receipt requested, addressed to the owner or agent thereof, or person in control of such building or structure and the mortgagee of record or lienholders of record, and if no such party or parties can be located, then the notice shall be directed to each owner of or party in interest in the building or structure in whose name the property appears on the last local tax assessment records• AND FURTHER, the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Nash, seconded by Council._ian Brown, it was #121-78 RESOLVED, that having considered a communication from the Director of Finance, dated January 12, 1978, approved for submission by the Mayor with regard to the Workmen's Compensation Insurance Program approved in Council Resolution No 1137-77, for the period December 1, 1977 through November 30, 1978 between the City and Corporate Service, Inc , the Council does hereby determine to amend and revise Council Resolution No 1137-77 so as to delete from Paragraph (b) thereof the following 60% of 92,652 on December 1, 1977 = $55,591 40% of 92,652 on June 1, 1978 37,061 Total $92,652 and in lieu thereof provide as follows Payable on December 1, 1977• 100% for policy premium from Employer's Reinsurance Carrier, $48,138 $48,138 60% of the fee for Corporate Service, Inc , $44,514 '2i 862 $75,000 Payable on June 1, 1978 40% of the fee for Corporate Service, Inc $44,514 17,652 Total $92,652 16857 and except as otherwise provided for herein, the balance of Council Resolution No. 1137-77 shall continue in full force and effect. k roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS None. By Councilman Brown, seconded by Councilman Nash, it was #122-78 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, submitted pursuant to Council Resolution No. 1100-77, in connection with a communication from the District Judges of the 16th Judicial District, dated November 14, 1977, with respect to a proposed modification of the Magistrate's Courtroom and other facilities located in the basement of the 16th District Court, the Council does hereby request that the City Engineer prepare plans, specifications and estimates and thereafter do all such things as may be necessary to advertise and take competitive bids with respect to the proposed improvement, such bids to be submitted to Council in accordan'e with provisions of law and City Ordinance. A roll cell vote was taken on the foregoing resolution with the following result: AYES. Raymond, Bennett, Bishop, Nash, Brown and McCann. NAYS• None On motion of Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, this 876th Regular Meeting of the Council of the City of Livonia was duly adjourned at 10 25 P. M., February 1, 1978 ADDIS E 4:ACON, ITY CLERK