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HomeMy WebLinkAboutCOUNCIL MINUTES 1977-08-24 16557 MINUTES OF THE EIGHT HUNDRED AND SIXTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 24, 1977, 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 8.05 P. M. . Councilman Bishop delivered the invocation. Roll was called with the following result: Present--Robert E. McCann, Jerry H. Brown, Jerry Raymond, Peter A. Ventura, Robert R. Bishop and Robert D. Bennett. Absent--Robert F. Nash. Elected and appointed officials present. Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney, Frances S. Stem, Deputy City Clerk, Jack Dodge, Director of Finance; Ronald Mardiros, City Attorney, Robert Osborn, Director of Public Works, Robert Turner, Police Chief, G. E. Siemert, City Engineer, John Nagy, City Planner, Russell A. Gronevelt, Superintendent of Public Services, Richard 0. Jones, Public Utility Manager, Theodor P. Krauss, Civil Service Department; Ronald Reinke, Assistant Superintendent of Parks and Recreation, Robert Wisler, Adminis- trative Assistant to the Mayor; Tommy Mitchell, Traffic Commission and Suzanne Wisler of the Planning Commission. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #775-77 RESOLVED, that the minutes of the 864th Regular Meeting of the Council of the City of Livonia, held August 17, 1977, are hereby approved. By Councilman Raymond, seconded by Councilman Bishop, and unanimously adopted, it was #776-77 RESOLVED, that the Council does hereby give notice that the action taken in Council Resolution No. 750-77, adopted on August 17, 1977 with respect to Petition No. 77-4-1-10, will be reconsidered at the next Regular Meeting to be conducted on September 7, 1977. The communication dated August 8, 1977 from the Superintendent of Parks and Recreation, with respect to the revenues received from the Green Fees at the Municipal Golf Courses, was received and filed for the information of the Council. 16558 The communication dated August 8, 1977 from the CETA Program Administra- L. tor, transmitting the 1977 Federally required Quarterly Reports relative to the City of Livonia CETA Program, was received and filed for the information of the Council. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 77-3-3-3) A roll call vote was taken on the foregoing Ordinance with the following result. AYES Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS* None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING PARAGRAPH (nn) OF SECTION 5-901 OF CHAPTER 9 (PARKS AND PLAYGROUNDS) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result AYES: Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Brown took from the table, for second reading and adoption, the following Ordinance* AN ORDINANCE AMENDING CHAPTER 4+ (WATER) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING PARAGRAPH (j ) TO SECTION 5-413 THEREOF. 16559 A roll call vote was taken on the foregoing Ordinance with the following result: AYES• Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Raymond took from the table, for second reading and adoption, the following Ordinance- AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 77-5-3-5) A roll call vote was taken on the foregoing Ordinance with the following result: AYES- Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS. None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance- AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 77-5-3-6) A roll call vote was taken on the foregoing Ordinance with the following result: AYES• Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Brown, seconded by Councilman Bishop, it was 4777-77 RESOLVED, that having considered the report and recommendation L of the City Engineer dated July 13, 1977 which bears the signature of the Finance Director, is approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the 16560 Unit Price Bid of Chemi-T'o1 Chemical Company, 2776 CR 69, Gibsonburg, Ohio 43431, for the 1977 Lane Line Marking Program (Contract No. 77-J) in accordance with plans and specifications as prepared by the Engineering Division, attached to the aforesaid communication for the estimated total cost of $4,560.13 based upon the Engineering Division's estimate of units of work involved, and subject to a final payment based upon the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, and the Council does hereby appropriate and, authorize an expenditure in an amount not to exceed $4,560.13 from Motor Vehicle Highway Fund Receipts (Major Road Acct) for this purpose, and the Director of Public Works is hereby authorized to approve any minor adjustments in the work as completed, and the Mayor and the City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do All things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS. None. The communication dated July 18, 1977 from the City Engineer, with respect to the maintenance of Beautification Easements within the Laurel Park Development, was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #778-77 RESOLVED, that having considered the report and recommendation of the City Engineer dated July 18,1977, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the proposed paving improvement of Hathaway Avenue, between Farmington Road and Stark Road, which was previously referred to the Engineering Division in Council resolution 543-77, the Council does hereby determine to take no further action with respect to this matter for the reasons indicated in the aforesaid communication. By Councilman Raymond, seconded by Councilman Bishop, it was #779-77 RESOLVED, that the Council does hereby determine to request that the Streets, Roads and Plats Committee submit its report and recommenda- tion on the general question of the manner of cost apportionment in special assessment districts which have been established in order to finance street improvement projects on half-mile roads. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Bennett, Raymond, Ventura and McCann. NAYS Brown. The President declared the resolution adopted. 16561 By Councilman Ventura, seconded by Councilman Raymond, it was #780-77 RESOLVED, that having considered a communication from the City Engineer dated July 29, 1977, approved by the Director of Public Works and the City Attorney and approved for submission by the Mayor, to which is attached a proposed agreement between the Wayne County Drain Commis- sioner, acting for and on behalf of the Beitz Drain Drainage District, Biltmore Properties Company, and the City of Livonia, which agreement would amend the original Livonia Drain No. 20 Drainage District for the reasons indicated in the aforesaid communication, the Council does hereby determine to authorize the Mayor and the City Clerk to execute the said agreement for and on behalf of the City of Livonia in the manner and form referred to, 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. Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS• None. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #781-77 RESOLVED, that having considered a communication from the City Engineer and the City Planner dated July 13, 1977, approved by the Director of Public Works and approved for submission by the Mayor, sub- mitted pursuant to Council resolution 143-77, with respect to the question of the maintenance of the berms which were installed within the Six Mile Road right-of-way,between Farmington Road and Fitzgerald Avenue, the Council does hereby determine to take this means to agree in principle with the recommendation that the subject berms be maintained by the abutting property owners, further, the Council requests that the Director of Public Works suggest to all affected civic associations that they re-examine their prior commitments with respect to this matter. By Councilman Bishop, seconded by Councilman Brown, and unanimously adopted, it was #782-77 RESOLVED, that having considered a letter from Mr. Roderick L. Longpre, 38637 Elsie, Livonia Michigan 48154, dated July 15, 1977, wherein he has suggested that tax payments be made on a semi-annual basis, the Council does hereby refer the same to the City Treasurer and City Assessor for their respective reports and recommendations. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #783-77 RESOLVED, that having considered a letter from Mr. and Mrs. Schikora, 14509 Fairway Drive, Livonia, Michigan 48154, dated July 19, 1977, which sets forth certain complaints and suggestions with respect to 16562 Madonna Park, the Council does hereby refer the same to the Police Department and the Parks and Recreation Commission for their respective reports and recommendations, including therein a recommendation with respect to the possible installation of vandal lights in the said area. By Councilman Bishop, seconded by Councilman Brown, and unanimously adopted, it was #784-77 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated July 16, 1977, approved for submis- sion by the Mayor, which recommends a revision in the admission fee structure for Quaker Acres as well as establishing a fee structure for the Hill House Museum, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recom- mendation. By Councilman Brown, seconded by Councilman Raymond, it was #785-77 RESOLVED, that having considered a communication from the CETA Program Administrator, dated July 28, 1977, approved Dy the Finance Director and approved for submission by the Mayor, to which is attached Grant Modification #1 to the CETA Classroom Training Contract, the Council does hereby authorize the said 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• Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS• None. By Councilman Ventura, seconded by Councilman Bishop, it was #786-77 RESOLVED, that having considered a communication from the City Planning Commission dated August 1, 1977 which transmits its resolution #7-139-77 with regard to Petition 77-5-3-4 submitted by Raymond H. Pietryka requesting the vacating of a public alley located south of Seven Mile, between Hillcrest and Flamingo, in the Northwest 1/4 of Section 11, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition No. 77-5-3-4, subject to the retention of a full width easement, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES• Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Raymond, it was 16563 RESOLVED, that having considered a communication from Theodore A. Richman, 16910 W. Ten Mile Road, Southfield, Michigan 48075, dated July 25, 1977, submitted on behalf of Spaghetti Company, 29505 Plymouth Road, Livonia, Michigan, requesting the modification of Condition #3 set forth in Council resolution #85-77, adopted on January 19, 1977, so as to permit a seating capacity of the subject restaurant in an amount not to exceed 389 seats in lieu of the 350 seat limitation prescribed, the Council does hereby determine to approve the said request; and to the extent required to be consistent with the action taken herein Council resolution #85-77 is hereby amended and revised. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond and Ventura. NAYS Bishop, Bennett, Brown and McCann. The President declared the resolution DENIED. By Councilman Brown, seconded by Councilman Ventura, it was #787-77 RESOLVED, that having considered a communication from the Mayor, dated July 28, 1977, submitted pursuant to Section 2-2202 of the Livonia Code of Ordinances, with regard to the appointment by the Mayor of Mr. Andrew R. Brodhun, 16915 Canterbury, Livonia, Michigan 48154, as a member of the Local Officers Compensation Corrm►i.ssion for a term of seven years which will expire April 2, 1984, the Council does hereby determine to confirm the appointment of Mr. Andrew R. Brodhun, it is further provided that he shall take the Oath of Office as prescribed in Chapter X, Section 3 of the City Charter. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS• None. By Councilman Bishop, seconded by Councilman Ventura, it was #788-77 RESOLVED, that having considered a communication from the City Clerk, dated August 1, 1977, which indicates that the City Clerk did appoint Frances S. Stem, 11315 Arden, Livonia, Michigan, as Deputy City Clerk, effective August 1, 1977, at an annual salary of $18,500.00, to serve at the pleasure of the City Clerk, the Council does hereby deter- mine to confirm the said appointment. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was 16564 #789-77 RESOLVED, that having considered a communication from the Personnel Director, dated July 29, 1977, approved for submission by the Mayor, submitted pursuant to Council resolution No. 662-77, with respect to the examination procedure of using 100% oral interview in testing applicants, the Council does hereby determine to refer this matter back to the Civil Service Department for further review as a question of general policy and thereafter submit a report and recommendation to the Council, further, the Council requests that the examination procedure for the position of Coordinator of Senior Citizens' Activities be resumed and completed. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 7 (RETIREMENT PLAN ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTIONS 2-745- 2-746 AND 2-747 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. By Councilman Ventura, seconded by Councilman Brown, it was #790-77 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, dated August 9, 1977, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits its resolution #WS 2205 7/77, the Council does hereby determine to accept the bid of Jack Doheny Supplies Inc., 777 Silver Springs Ct., Northville, Michigan 48167, for supplying the City (Sewer Division) with one (1) current model high velocity Water Jet Sewer Cleaner and Truck for the net total price of $24,000.00 (unit price $32,446 10 less trade-in of $8,446.10), the same having been in fact the lowest bid received which meets all specifications, and the bid of Underground Utilities Equipment Company is hereby rejected inas- much as the same did not meet specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES• Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS: None By Councilman Brown, seconded by Councilman Ventura, it was Imo #791-77 RESOLVED, that having considered a communication from the Water and Sewer Board, dated August 9, 1977, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which 16565 transmits its resolution #WS 2203 7/77,the Council does hereby determine to accept the bid of Sinelli Tractor & Equipment Company, 48850 Twelve Mile Road, Wixom, Michigan 48096, for supplying the City (Water Division) with one heavy duty Tractor Loader Backhoe W/5' Hydraulic Digmor Exten- sion for the net total price of $15,895.00 (unit price $20,145.00 less trade-in of $4,250.00), the same having been in fact the lowest bid received and, meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #792-77 RESOLVED, that havigg considered a communication from the Water and Sewer Board, dated August 9, 1977, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits its resolution #WS 2204 7/77, the Council does hereby determine to accept the bid of Jack Doheny Supplies Inc., 777 Silver Springs Ct. , Northville, Michigan 48167, for supplying the City (Sewer Division) with one (1) new current model Sewer Rodding Machine, Cable Rod Type Trailer Mounted, for the net total price of $3,400.00 (unit price of $3,800.00 less trade-in of $400.00), the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES• Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, it was #793-77 RESOLVED, that having considered a communication from the Department of Law, dated July 14, 1977, approved for submission by the Mayor, and to which is attached an Offer to Purchase city-owned property located on the east side of Middlebelt Road, south of Seven Mile Road, the Council does hereby determine to refer this matter back to the Law Department for subsequent submission at such time as the Burger King Corporation has furnished to the City an expert Real Estate Appraisal with respect to the.subject property By Councilman Bishop, seconded by Councilman Raymond, it was #794-77 RESOLVED, that having considered a communication from the Mayor, dated August 12, 1977, with regard to an application submitted by the City to the Dept. of Natural Resources for a Work Opportunity Resource Corps. Grant, which grant has now been approved in the amount of $25,688.00 and is for the purpose of employing 16 youths and 2 super- visors and providing them with proper equipment in order to clear and 16566 develop park sites within the city, the Council does hereby determine to accept the said grant and for this purpose appropriates and authorizes as an advance the sum of $12,844.00 from the Unallocated Surplus Account which sum shall be reimbursed to the same from funds received from the State of Michigan upon completion of the said program. A roil call vote was taken on the foregoing resolution with the following result. AYES• Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #795-77 RESOLVED, that having considered a letter from Mrs. John Lenhardt, dated August 16, 1977, to which is attached a petition signed by certain residents in the area requesting permission to close Filen Drive from 15151 Ellen Drive to 14908 Ellen Drive, Livonia, Michigan, on Saturday, September 10, 1977 from 5 00 p. m. to 12 o'clock midnight, for the purpose of conducting a family block party, the Council does hereby determine to grant permission as requested, the action being taken herein subject to the approval of the Police Department. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #796-77 RESOLVED, that having considered a communication from the City Engineer, dated August 9, 1977, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the action taken in Council resolution #740-77, adopted on July 27, 1977, the Council does hereby determine to amend the aforesaid resolution so as to provide that the bid accepted therein is for "Phase III, Part 8" and not for "Phase IV, Part 8", and the balance of Council resolution #740-77 shall remain in full force and effect. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #797-77 RESOLVED, that having considered Petition 77-8-3-10 submitted by Bernard M. Matusz, 29197 Grandon, Livonia, Michigan 48150, dated August 5, 1977, wherein a request is made for the vacating of a certain easement located on Lot 261 of Pearl Wilson Subdivision No. 4, in Section 36, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance. By Councilman Bishop, seconded by Councilman Bennett, it was 16567 #798-77 RESOLVED, that having considered a communication, dated August 3, 1977, from the Department of Law transmitting for Council acceptance two Grants of Easements, both dated July 28, 1977, and executed by Matthew Luptak and Daisy Luptak, his wife, conveying to the City of Livonia two easements for storm sewer purposes which easements are more particularly described as follaws: The North 10 feet of the following described parcel: That part of the S.W. 1/4 of Section 13, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant due N. 988.34 feet and S. 89° 37' E. 1106 ft. from the S.W. corner of Section 13 and proceeding thence due S. 166 feet thence S. 89° 37' E. 60 feet thence due N. 166 ft. thence N. 89° 37' W. 60 ft. to the point of beginning except the S. 30 ft. thereof. 0.19 acre. (Bureau of Taxation Parcel 13DE31c1) and The North 10 feet of the following described parcel: That part of the S.W. 1/4 of the S.W. 1/4 of Section 13, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant N. 822.34 feet and E. 1166.0 ft. from the S.W. corner of Section 13 and proceeding thence N. 166.0 ft. thence E. 144.70 ft. thence S. 0° 36' E. 166.0 ft. thence W. 146.46 ft. to the point of beginning except the E. 60 feet thereof also except the S. 30 ft. thereof. 0.27 acres (Bureau of Taxation Parcel 13DE32a1) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bishop, Bennett, Brown, Raymond, Ventura and. McCann. NAYS. None. By Councilman Bishop, seconded by Councilman Bennett, it was #799-77 RESOLVED, that having considered a communication from the Department of Law dated August 8, 1977 transmitting for acceptance a warranty deed, executed on July 28, 1977 by Angelo DiPonio on behalf of Greenfield. Construction Company, Inc conveying the following described premises: A parcel of land being a part of the N. E. 1/4 of Section 18, T. 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as: 16568 Commencing at the N. E. corner of Section 18, T. 1 S , R. 9 E , thence S. 0° 21' 20" E along the East line of said Section 623.01 ft. to a point, thence S. 89° 58' W. 60 00 ft. to a point on the West line of Newburgh Road (120 ft. MI. ), said point being the N. E. corner and the place of beginning of the parcel herein described; thence S. 0° 21' 20" E. along the West line of said Newburgh Road, 58.00 ft. to a point, thence S. 89° 58' W. 150.00 ft. to a point; thence N. 84° 19' 22" W. 70.39 ft. to a point, thence N. 0° 21' 20" W. 51.00 ft. to a point, thence N. 89° 58' E. 220.00 ft. to the point of beginning, containing 0.287 acres of land, more or less. the Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid Warranty Deed and the City Clerk is hereby requested to have it 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; further, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city-owned and tax exempt. A roll call vote was taken on the foregoing resolution with the following result. AYES• Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, and unanimously adopted, it was #800-77 WHEREAS, pursuant to the direction of the City Council in its resolution #671-77, adopted on July 13, 1977, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of August 15, 1977 a revised assessment roll dated August 10, 1977 for the proposed installation of ornamental street light- ing with underground wiring in the Cherokee Trail Subdivision located in the S.W. 1/4 of Section 33, City of Livonia, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the con- struction and operation of the proposed improvement in said district as designated in Council resolution #671,-77, THEREFORE, BE IT RESOLVED, that the said revised roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit that the revised assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road, on Monday, October 10, 1977, at 8:00 P. M., to review the said Special Assessment roll at which time and place opportunity will be given to all interested persons to be heard, 16569 IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of October 10, 1977, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office By Councilman Bishop, seconded by Councilman Raymond, it was unanimously adopted 4801-77 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, October 10, 1977, at 8:00 P. M. at the Livonia City Ha11,33001 Five Mile Road, Livonia, Michigan, with respect to the following items. 1) Petition 77-5-1-14 submitted by the City Planning Commission, on its own motion, for a change of zoning of property located between Five and Six Mile Road, and between Newburgh Road and the I-275 Freeway, in Section 18, from R-2-A and R-3-B to P. L., the City Planning Commission having in its resolu- tion #7-134-77 recommended to the City Council that Petition 77-5-1-14 be approved, 2) Petition 77-5-1-15 submitted by Kenneth T. and Mary E. Owen for a change of zoning of property located on the north side of Seven Mile Road, west of Farmington Road, in the Southeast 1/4 of Section 4, from RUF to C-1, the City Planning Commis- sion having in its resolution 47-135-77 recommended to the City Council that Petition 77-5-1-15 be approved, 3) Petition 77-6-1-17 submitted by the Curtis Building Company and Goray Development Company for a change of zoning of property located on the east side of Stark Road, south of Plymouth Road, in the Northeast 1/4 of Section 33, from RUF and R-7 to R-1-A, the City Planning Commission having in its resolution #7-137-77 recommended to the City Council that Petition 77-6-1-17 be approved, 4) Petition 77-6-1-19, as amended, submitted by Raymond Chopp for a change of zoning of property located on the north side of Parkdale, between Raleigh and Ann Arbor Road, in the Northwest 1/4 of Section 32, from RUF to C-2, the City Planning Commis- sion having in its resolution 47-154-77 recommended to the City Council that Petition 77-6-1-19, as amended, be approved, 16570 5) Petition 77-6-1-18 submitted by Lionel E. LaMay for a change of zoning of property located on the south side of Plymouth Road, between Levan Road and Edward Hines Drive, in the Northwest 1/4 of Section 32, from RUF to C-2 and P, the City Planning Commission having in sts resolution #7-151-77 recommended to the City Council that Petition 77-6-1-18 be approved, further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the a) the nature of the proposed amendments to the Zoning Ordinance, or/and b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each rail- road company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Bennett, seconded by Councilman Ventura, it was #802-77 RESOLVED, that having considered a communication from Stanley W. Kurzman of the firm of Campbell, Kurzman, Plunkett & Roggenbaum, 1263 West Square Lake Road, Bloomfield Hills, Michigan 48013, dated July 19, 1977, submitted in behalf of his client Spalding, Dedecker & Associates, Inc., with respect to the Municipal Step I Facilities Planning Study for the City of Livonia, and the Council having conducted a hearing with respect to this matter on August 17, 1977 at which time all parties con- cerned were afforded the opportunity of being heard and making their respective presentations, the Council does hereby determine to reaffirm the action taken in Council Resolution 0656-77 wherein the Council did determine to retain the services of Hubbell, Roth & Clark, Inc. in joint venture with Orchard, Papke, Hiltz & McCliment, Inc. for the purpose of performing the subject consulting engineering services, and the Council does hereby request that the Department of Law submit its legal opinion concerning this matter in accordance with EPA Rules and Regulations, Section 35.939(d)(3), and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS• None. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was 16571 #803-77 RESOLVED, that having considered the report and recommendation of the Joint School Board/City Council Committee, dated August 16, 1977, with regard to a letter from the Board of Education, dated June 13, 1977, wherein it is requested that the City rezone vacant property, owned by the Board of Education, in Sections 4, 5, 7, 10 and 18, from its present zoning classification to residential, commensurate with surrounding areas, the Council does hereby determine to refer this matter to the City Planning Commission, in accordance with Section 23.01(a), for the purpose of conducting a Public Hearing on the question of whether or not such zoning changes should be made, and thereafter submit a report and recom- mendation to the Council. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that having considered the report and recommendation of the Joint School Board/City Council Committee, dated August 16, 1977, submitted pursuant to council resolution #687-77, in connection with a communication from the City Engineer dated June 29, 1977, the Council does hereby determine to concur in the recommendation set forth in the aforesaid communication from the Engineering Division and requests that the Livonia Drain No. 41 Drainage Board return $12,800 to the City from such surplus funds as may be available in the Livonia Drain No. 41 Construction Account for the purpose of erecting new fencing along the line of Livonia Drain No. 41; further, the Engineering Division is hereby requested to prepare plans and specifications and thereafter take compe- tive bids at such time as the Livonia Drain No. 41 Drainage Board approves the return of the aforesaid funds, and the Council does hereby request that the Livonia Board of Education pay its pro rata share of the difference between the installation of a 4-foot high cyclone fence and a 6-foot high cyclone fence adjacent to the Holmes Junior High School and the Hoover Elementary School which sumis estimated to be in the amount of $3,540. A roll call vote was taken on the foregoing resolution with the following result• AYES: Bishop, * *At this point of the roll call vote, the following resolution was offered and adopted. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #804-77 RESOLVED, that having considered the report and recommendation of the Joint School Board/City Council Committee, dated August 16, 1977, submitted pursuant to Council resolution #687-77, in connection with a communication from the City Engineer dated June 29, 1977, with regard to the proposed installation of a new fence along the line of Livonia Drain No. 41, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was 16572 #$05-77 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 Bishop, it was #806-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 29, 1977, which bears the signature of the Director of Finance, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the Unit Price Bid of Core Concrete Construction, Inc., 31553 Gable, Livonia, Michigan 48152, for the 1977 Miscellaneous Sidewalk and Drive Approach Program (Contract 77-K) in the City of Livonia, in accordance with plans and specifications as prepared by the Engineering Division, attached to the aforesaid communication, for the estimated total cost of $68,473.00, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, and the Council does hereby authorize an advance in the amount of $68,473 from the 9.8 Million Dollar Street and Road Improvement General Obligation Bond Issue with the provision that the bond issue shall be reimbursed at such time as receipts from assessments are received; further, the Council does hereby appropriate and authorize the expenditure of the sum of $510 from the said 9.8 Million Dollar Street and Road Improvement General Obligation Bond Issue in order to cover the City's share of the subject program; and the Council does hereby delete the drive approach previously authorized to be installed at 9901 Auburndale, and delete the Sidewalk previously authorized to be installed at 32890 Plymouth, and adds removal and replacement of sidewalk in front of Chatham Tennis Courts; and the Director of Public Works is hereby authorized to approve any minor adjustments in the work as completed; and the Mayor and the City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A1roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #807-77 RESOLVED, that having considered a communication from the City Engineer dated August 15, 1977, approved by the Director of Public Works and approved for submission by the Mayor, to which are attached 4 payment requests from R. E. Dailey and Company, Construction Manager for the Civic Center Municipal Building, a summary of which is as follows: 1. Payment No. 1 for period ending April 30, 1977: a. Construction Management Fee $5,439.00 b. Reimbursibles 4,594.46 Total $10,033.46 16573 2. Payment No. 2 for period ending May 31, 1977• a. Construction Management Fee $6,004.80 b. Reimbursibles 2,386.66 Total $8,391.46 3. Payment No. 3 for period ending June 30, 1977: a. Construction Management Fee $6,015.00 b. Reimbursibles 505.99 Total $6,520.99 4. Payment No. 4 for period ending July 31, 1977: a. ConstructionManagement Fee $8,615.75 b. Reimbursibles 448.74 Total $9,064.49 the Council does hereby authorize the payment of the aforesaid payment requests as submitted by R. E. Dailey and Company in the amounts and manner indicated, and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES. Bennett, Brown, Raymond, Ventura, Bishop and McCann. NAYS. None. By Councilman Bishop, seconded by Councilman Brown,it was 8808-77 RESOLVED, that having considered the report and recommendation of the City Engineer and the Supt. of Parks and Recreation, dated July 28, 1977, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the Unit Price Bid of Copeland Asphalt Company, 17451 Mac Arthur, Redford, Michigan 48240 for constructing the three tennis courts at Algonquin Park for the estimated total cost of $24,586.32 (Alternate "B"), based upon the Engineering Division's estimate of units of work involved, and subject to a final payment based upon the actual units of work completed, in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, and the action taken herein is subject to review and approval by the Bureau of Outdoor Recreation of the U. S. Dept. of Interior and the Michigan Dept. of Natural Resources, and the sum of $12,293.16 is hereby authorized to be advanced from the Unallocated Surplus Account for this purpose with the provision that the same shall be reimbursed at such time as funds are received from the Department of Natural Resources, and the Director of lagPublic Works is hereby authorized to approve all minor work in the work as performed; and the Mayor and the City Clerk are hereby authorized to execute a contract for and on behA.lf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. 16574 A roll call vote was taken on the foregoing resolution with the following result- AYES- Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS None. By Councilman Brown, seconded by Councilman Ventura, it was 0809-77 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated August 22, 1977, submitted pursuant to Council resolution No. 653-77, and having also considered a communication from the Director of Public Works, the City Engineer, and the Superintendent of Public Services, dated August 2, 1977, with regard to architectural services required to complete the recently acquired building located at 13405 Surrey Road, which building is to be used as an Equipment Maintenance Garage for the Department of Public Works, the Council does hereby determine to retain the services of Kamp-Di Como Associates, 33200 Schoolcraft, Livonia, Michigan 48150, for the purpose of preparing plans and specifications and thereafter obtaining bids for the completion of the aforesaid building in the manner indicated in the aforesaid communication, and the Department of Law is hereby requested to prepare an agreement with the aforesaid architectural firm for submission to Council for its approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Bishop, it was 0810-77 RESOLVED, that having considered the report and recommendation of the City Engineer dated August 15, 1977 which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, to which is attached a copy of a letter dated August 2, 1977 from R. E. Dailey & Company, Construction Manager, concurred in by Ralls-Hamill Architects, Inc., the Council does hereby accept the bid of Electrical Maintenance Service, Inc., 8240 Goldie, Walled Lake, Michigan 48088 for the Phase III, Part 7 (Electrical) Construction of the new Civic Center Municipal Building in the amount of $443,865.00, the same having been in fact the lowest bid received for this item and meets all specifications, and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $443,865.00 from Federal Economic Development Administration Funds for this purpose, and the Director of Public Works is authorizdd to approve all minor adjustments in the work as completed, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. Imo A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS- None. 16575 By Councilman Ventura, seconded by Councilman Brown, it was 4811-77 RESOLVED, that having considered a communication from the City Engineer dated August 10, 1977 which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, wherein it is recommended that a portion of Livonia Drain No. 37, which lies within the City's Civic Center site as indicated in the attached map, be constructed in order to provide an outlet for drainage for the easterly parking lot for the new Civic Center Municipal Building, the estimated cost of which is $24,000.00, the Council does hereby request that the Livonia Drain No. 37 Drainage Board authorize the City of Livonia to advance the funds required to proceed with the construction of the portion of the Livonia Drain No. 37 in the manner and at the location described, subject to the provision that the City shall be reimbursed from proceeds of all future bonds sold in connection with Livonia Drain No. 37, and the Council does hereby authorize as an advance a sum not to exceed $2+,000 from Federal Revenue Sharing Fund Receipts for this purpose with the provision that said sum shall be reimbursed to same upon receipt of proceeds of all future bonds sold in connection with Livonia Drain No. 37, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roli call vote was taken on the foregoing resolution with the following result• AYES Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS• None. By Councilman Bishop, seconded by Councilman Brown, it was 4812-77 RESOLVED, that having considered a communication from the Super- intendent of Public Service dated August 24, 1977, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor,the Council does hereby authorize McKenna Refrigeration Service, Inc., 6801 Chase, Dearborn, Michigan 48126, to replace the condensor on Compressor No. 2 at the Devonaire Ice Arena, the estimated total cost of which is $6,000.00, the Council does hereby appropriate a sum not to exceed $6,000.00 from the Unexpended Fund Balance Account for this purpose, further, the Council does hereby determine to authorize the said work 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) (1) (5) of the Livonia Code of Ordinances, as amended, and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result- AYES. Bishop, Bennett, Brown, Raymond, Ventura and McCann. lw. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was 16576 #813-77 RESOLVED, that having considered a communication from the CETA Program Administrator, dated August 24, 1977, approved by the Finance Director and approved for submission by the Mayor, to which is attached Contract #70, Modification No. 1, to the CETA Barber Styling Contract with Detroit Barber College, Inc., the Council does hereby authorize the said 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. Bishop, Bennett, Brown, Raymond, Ventura and McCann. NAYS: None. *Councilman Ventura was excused at 10.11 p. m. for the remainder of the meeting. By Councilman Raymond, seconded by Councilman Bishop, and unanimously adopted, it was #814-77 RESOLVED, that the Council does hereby request that the Bureau of Inspection and the Police Department submit their respective reports and recommendations concerning the operation of a Billiard Parlor with coin-operated amusement devices, which is located at the Wonderland Shopping Center. On motion of Councilman Brown, supported by Councilman Bennett, and unanimously adopted, this 865th Regular Meeting of the Council of the City of Livonia was duly adjourned at 10:15 P. M., August 24, 1977. ADDISON 4110,Z ON CITY CLERK.