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HomeMy WebLinkAboutCOUNCIL MINUTES 1977-07-27 16511 L MINUTES OF THE EIGHT HUNDRED AND SIXTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 27, 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 Coun- cil at approximately 8:05 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, Peter A. Ventura and Robert R. Bishop. Absent-- Robert D. Bennett. Elected and appointed officials present. Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney, Frances S. Stem, Acting Deputy City Clerk; Jack Dodge, Finance Director; Robert Osborn, Director of Public Works; Ronald Mardiros, City Assessor; G. E. Siemert, City Engineer; John Nagy, City Planner, John T. Dufour, Superintendent of Parks and Recreation; Russell Gronevelt, Superintendent of Opera- tions Department; James Andres, CETA Program Administrator, and Michael Reiser of the Water and Sewer Board. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was 4702-77 RESOLVED, that the minutes of the 862nd Regular Meeting of the Council of the City of Livonia, held July 13, 1977, are hereby approved. *Councilman Nash was excused at 8 06 p. m. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NUMBER 513, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE: PETI- L TION NO. 76-12-1-1.9 FOR CHANGE OF ZONING FROM RUFB TO C-2. 16512 A roll call vote was taken on the foregoing Ordinance with the following result LAYES• Raymond, Ventura, Bishop, Brown and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. *Councilman Nash returned at 8.07 p. m. By Councilman Bishop, seconded by Councilman Nash, it was #703-77 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks & Recreation, dated June 28, 1977, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Gestetner Corporation, 22400 Telegraph Road, Southfield, Michigan 48075, for one Model No. 46o-S Mimeograph Machine for the amount of $1357.25, the Council having deter- mined to accept such bid in lieu of the low bid for the reasons outlined in the aforementioned report and recommendation. A roll call vote was taken on the foregoing resolution with the following result AYES• Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Bishop, it was #704-77 RESOLVED, that having considered a communication from the City Engineer (City Street Administrator), dated June 29, 1977, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Vanguard Instru- ment Corporation, 1860 Walt Whitman Road, Melville, New York, for supply- ing the City with a Photolog Projector/Viewer, with Mobile Cart, for the price of $4200, the same having been in fact the lowest bid received and meets all specifications; further, the Council does hereby authorize the purchase of two Distance Measuring Instruments for the estimated price of $550 per instrument, subject to approval of. the Office of Highway Safety Planning; and the Council does hereby appropriate and authorize the expenditure of the sum of $1590 from the City's Motor Vehicle Highway Fund Receipts in order to provide the City's 30% share of the cost involved in the purchase of the aforesaid Photolog Projector/Viewer, with Mobile Cart, and the two Distance Measuring Instruments, the total over- all cost of which equipment is estimated to be in the amount of $5300; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. L A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS• None. 16513 By Councilman Ventura, seconded by Councilman Bishop, it was 4705-77 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated June 23, 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, with regard to certain recommended repair and maintenance items at the Noble Library by the Department of Public Works, the Council does hereby determine to appropriate the sum of $7210 from the Unexpended Fund Balance Account to be transferred to the following accounts in the following amounts and for the purposes indicated: 1. $4800.00 be transferred to the Road Maintenance Material Account No. 101-463-782.000.000 for the purpose of re- surfacing the asphalt parking lot, 2. $760.00 be transferred to the Building Maintenance Material Account No. 101-447-777.000.000 for the purpose of cleaning all carpeting, 3. $500.00 be transferred to the Building Maintenance Material Account No. 101-447-776.000.000 for the purpose of construt- ing necessary ramped sidewalks from exit doors in the court yards to comply with current safety regulations and Fire Codes, 4. $450.00 be transferred to the Building Maintenance Material Account No. 101-447-776.000.000 for the purpose of purchasing replacement tile for the multipurpose room, and 5. $700.00 be transferred to the Building Maintenance Material Account No. 101-447-776.000.000 for the purpose of making repairs to the acoustical tile ceiling. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was 4706-77 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated June 20, 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, with regard to a proposed fourth application of calcium chloride (approximately 10,000 gallons) to 48 miles of gravel roadways in the City, the Council does hereby appropriate the sum of $13,000 from the Unexpended Fund Balance Account to be transferred to the Road Maintenance Material Account No. 101-463-782.000.000 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. 1651.4 By Councilman Raymond, seconded by Councilman Ventura, it was #707-77 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Fblice, dated June 27, 1977, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein it is recommended that reimbursement be made in connection with a missing bicycle incident described in the afore- said communication, the Council does hereby determine to appropriate the sum of $120 from the Unexpended Fund Balance Account to be transferred to Account No. 101-304-756.000.000 for the purpose of purchasing a bicycle to be given to the complainant in replacement of the missing bicycle; 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, Ventura, Nash, Brown and McCann. NAYS• Bishop. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Brown, it was #708-77 RESOLVED, that having considered a communication from the Fire Chief, dated June 24, 1977, approved by the Director of Public Safety- Fire and the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $20,500 from the Rescue Run Revenue Income Account to the following accounts in the following amounts: $3,500.00 to B.A. 101-338-751.000.000 - Gas and Oil 10,000.00 to B.A. 101-338-928.000.000 - Heat, Light and Water 7,000.00 to B.A. 101-338-939.000.000 - Vehicle Maintenance 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 followipg result: AYES: Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Bishop, it was #709-77 RESOLVED, that having considered a communication from the Chair- man of the Zoning Board of Appeals, dated June 30, 1977, the Council does hereby authorize the transfer of the sum of $615 from Account No. 101-815-864.016 (Travel and Education) to Account No. 101-815-702.000 (Salaries and Wages), 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, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. 16515 By Councilman Brown, seconded by Councilman Raymond, it was L #710-77 RESOLVED, that having considered a communication from the Director of Finance, dated June 30, 1977, approved for submission by the Mayor, with regard to appropriations required to implement salary and related benefit increases due to various employee agreements which have been negotiated and authorized, the Council does hereby appropriate the sum of $9481 from the Anti-Recession Fiscal Assistance Fund and $227,311 from the Unexpended Fund Balance Account to be transferred to the follow- ing Accounts in the following amounts: Salary FICA Pension Account Account Aecount Dept.No. Name 702 715 722 101 Legislative $ - $ - $ - 111 City Clerk 2,509 216 504 141 Judicial 12,618 1,074 2,965 173 Executive 1,456 167 252 174 Administrative Services 2,233 214 384 193 Elections - - - 201 Accounting 4,834 372 843 202 Assessing 4,137 481 846 220 Civil Service 15,805 1,280 1,801 222 Legal 6,237 389 934 230 Finance 2,746 174 400 247 Board of Review 896 52 - 253 Treasurer 3,852 870 1,526 302 Traffic - Police 491 29 46 304 Administration - Police 3,058 179 285 310 Communications - Police 2,326 136 217 321 Central Records - Police 4,035 236 376 323 Special Services - Police 1,023 60 95 336 Fire Administration 3,5o8 205 327 341 Fire Prevention 497 29 46 371 Protective Inspection 1,665 33 46 380 Building & Zoning 5,071 794 824 382 Electrical 1,558 140 242 400 Heating 2,690 674 1,202 415 Weights & Measures 863 50 80 420 Civil Defense 932 54 81 441 Engineering 17,308 1,133 2,713 444 Operations 6,976 450 372 445 Director of Pablic Works 1,955 119 347 1446 Equipment Maintenance 5,498 377 954 463 Streets (50,701) (4,215) (7,777) 475 Traffic Signs 3,148 203 485 697 Golf Course 3,414 200 1,008 704 Parks 72,754 2,740 - 707 Recreation Administration 7,074 143 859 715 Ice Rinks 1,142 - 35 738 Library 8,568 493 3,191 780 Forestry 8,547 538 1,746 803 Industrial Development 1,889 92 63 805 Planning Commission 20,318 1,115 2,193 447 Building Maintenance 8,475 1,043 1,637 $201,405 $12t33?,, ,.. $23,048 16516 A roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS None. By Councilman Raymond, seconded by Councilman Ventura, it was #711-77 RESOLVED, that having considered a communication from the Director of Civil Defense, dated July 5, 1977, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby appropriate the sum of $4400 from the Unexpended Fund Balance Account to be transferred to Auxiliary Fblice Salary Account No. 101-429- 702.000.000, 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, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #712-77 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated April 21, 1977, and the report and recommendation of the Acting Chief of Police, dated July 1, 1977 in connection therewith, the Council does hereby recommend approval of the request from Agemy & Sons of Livonia, Inc. for a new SDM License to be located at 33503 W. Five Mile Road, Livonia, Michigan; and the City Clerk is herebyzequested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result• AYES Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #713-77 RESOLVED, that having considered a communication from the Executive Director of the Livonia Family "Y", dated July 1, 1977, request- ing permission to place signs at certain locations in the City of Livonia, the Council does hereby determine to approve and authorize the placement of a temporary sign at the southwest corner of Lyndon and Farmington Road, said sign to be installed in the manner and form described in the afore- said communication. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was 16517 #714-77 RESOLVED, that having considered a communication from the Presi- dent of Kingsbury Renwick Homeowners Association, dated June 17, 1977, with regard to certain problems which have resulted by reason of the development of the Newburgh Plaza Shopping Center located at the inter- section of Six Mile and Newburgh Roads, the Council does hereby request that the Engineering Division submit its report and recommendation with respect to the water drainage problem described in the aforesaid communi- cation; and the Bureau of Inspection is hereby requested to submit its report and recommendation concerning the outside storage of carts, racks and miscellaneous items, and excessively noisy trash pick-up and parking lot vaciunming, and further a report on the reason for the absence of side- walk construction on Six Mile Road in front of the newly constructed First Federal Savings and Loan Facility; and the Council requests that the foregoing reports be submitted to Council no later than August 24, 1977. By Councilman Raymond, seconded by Councilman Ventura, it was #715-77 RESOLVED, that having considered a communication from the City Engineer, dated June 29, 1977, approved by the Director of Public Works and approved for submission by the Mayor, recommending that the City dedicate and establish public easements through City-owned property located on St. Martins Avenue east of Purlingbrook in order to accommodate onsite sanitary sewer and water main systems in connection with the development of a proposed senior citizens housing proact, the Council does hereby determine to dedicate and establish for water/an& sanitary sewer purposes only the following described easements. A. Water Main A 20 foot wide easement being a part of Bureau of Taxation Parcel 02V2a1 and Lot 496 of Supervisor's Livonia Plat No. 8 (Liber 66, Page 59, Wayne County Records) of the N. 1/2 of the S.E. 1/4 of Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, the centerline of said easement being described as beginning at a point on the north line of said Lot 496 distant N. 87° 50' 43" E., 203.50 feet from the N.W. corner of said Lot 496; proceeding thence S. 02° 09' 17" E. 125.00 feet, thence S. 36° 09' 17" E. 45.00 feet to a point "A"; thence continuing S. 36° 09' 17" F 88.00 feet, thence S. 30° 20' 43" W. 124.00 feet to a first point of ending; thence, start- ing at Point "A" and proceeding S. 53° 50' 43" W. 78.00 feet, thence S. 03° 50' 43" W. 26 00 feet to a second point of ending. B. Sanitary Sewer A 20 foot wide easement being a part of Lot 496 of Supervisor's Livonia Plat No. 8 (Liber 66, Page 59, Wayne County Records); of the N. 1/2 of the S.E. 1/4 of Section 2, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, the centerline of said easement being described as beginning at a point on the North lot line of said Lot 496, distant N. 87° 50' 43" E., 57.00 feet from the N. W. corner of said Lot 496, proceeding thence S. 02° 09' 17" E., 238.50 feet, thence S. 59° 39' 17" E., 81.00 feet to the point of ending. 16518 and does further request that the Wayne County Bureau of Taxation record L such easement 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 in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that having considered a letter from the President 19?„ Livonia Municipal Employees, in which a request is made for permis- sion for city employees to play golf at the Municipal Golf Courses at Senior Citizens rates during the week days, the Council does hereby deter- mine 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 and Ventura. NAYS• Bishop, Nash, Brown and McCann. LThe President declared the resolution DENIED. The communication dated June 30, 1977 from the President of Local 192, !;Yvon::. Municipal Employees, requesting permission for city employees to play golf at the Municipal golf courses at Senior Citizens rates, was received and filed for the informationof the Council. By Councilman Bishop, seconded by Councilman Raymond, it was #716-77 RESOLVED, that having considered a communication from the Coordinator of Community Development, dated June 28, 1977, approved for submission by the Mayor, wherein it is recommended that the Community Development Manual be amended so as to permit the Rehabilitation Loan and Grant Committee to approve grants which exceed 50% of the appraised "as is" market value of homes located within target areas which loans are required in order to rehabilitate these homes to comply with City ordinance standards, the Council does hereby determine to authorize the said amendment in the manner and form referred to in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result. LAYES• Raymond, Bishop, Nash, Brown and McCann. NAYS: Ventura. The President declared the resolution adopted. 16519 By Councilman Bishop, seconded by Councilman Nash, it was #717-77 RESOLVED, that having considered a petition submitted by certain residents on Barkley Avenue, dated July 8, 1977, concerning the use of property at 29446 Barkley for the meeting of the "Way Cult Group" the Council does hereby request that the Bureau of Inspection submit its report and recommendation concerning this matter, and the Division of Police is hereby requested to submit a report concerning the status of complaints, if any, which have been placed on file with respect to the subject property. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Bishop, Nash, Brown and McCann. NAYS: Ventura. :he President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, it was #718-77 RESOLVED, that having considered a proposed landscape plan for the newly constructed pro golf shop building at the Idyl Wyld Municipal Golf Course, the Council does hereby determine to approve the same, further, the Council does hereby appropriate the sum of $500 from the Unexpended Fund Balance Account to be used for the purpose of purchasing the landscape materials shown on the aforesaid landscape plan, 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, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #719-77 RESOLVED, that having considered a communication from Joe P. Knight, 31442 Alabama Avenue, Livonia, Michigan 48150, dated July 8, 1977, wherein it is suggested that the traffic control signal devices through- out the City, and particularly on Farmington Road, be progressively timed, the Council does hereby request that the Traffic Commission and Russell E. Harrison, Engineer of Traffic and Safety of the Wayne County Road Commission, submit their respective reports and recommendations. By Councilman Raymond, seconded by Councilman Ventura, it was #720-77 RESOLVED, that having considered a communication from the Director of Finance and the Director of Community Resources, dated July 8; 1977, approved for submission by the Mayor, the Council does hereby deter- mine to authorize the purchase from F. D. Stella Products Company, 7000 Fenkell Avenue, Detroit, Michigan 48238, of the following equipment to be used in connection with the Senior Citizens Nutrition Program, for the amounts indicated: 16520 Storage Freezer, Victory Model HS-2D-52, two-door Unit $1769.50 Refrigerator, Victory Model RD-2D-32, two door 1652.50 Mixer, Hobard Model D-300D 30 qt. Unit 1728.25 $5150.25 and the Council determines to authorize the foregoing purchases without competitive bidding for the reasons indicated in the aforesaid communica- tion, and such action is taken in accordance with the provisions set forth in Section 2-213(d)(1) and (5) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, and unanimously adopted, it was #721-77 RESOLVED, that having considered a communication from the District Judges and the Chief Probation Officer of the 16th Judicial District Court, dated June 29, 1977, which indicates that the Volunteer Work Program as established by the Court as an alternative to jail sentences be extended so as to have a supervised crew assigned to aid in the clean- up and maintenance of entrances to subdivisions which currently are the responsibility of subdivision associations, the Council does hereby deter- mine to take this means to indicate its approval and concurrence in this program in the manner and form described. By Councilman Ventura, seconded by Councilman Nash, it was 0722-77 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated July 7, 1977, approved for submission by the Mayor, with regard to a request from Clarence A. Durbin, Designer-Builder, 25080 Southfield Road, Southfield, Michigan 48075, 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. 46 039 99 0009 000 (lOGG1b2ala) 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 four parcels, the legal descriptions of which shall read as follows: Parcel 1 Part of the S.W. 1/4 of Section 10, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as: Beginning at 16521 a point distant due North 709.73 feet and due East 60.00 feet from the S.W. corner of Section 10, T. 1 S. , R. 9 E., and pro- ceeding thence due North 230.00 feet, thence due East 230.00 ft; thence due South 230.00 feet; thence due West 230.00 feet to the point of Beginning. Containing 52,900 square feet or 1.214 acres, more or less. Subject to easements of Record. Parcel 2 Part of the S.W. 1/4 of Section 10, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as: Beginning at a point distant due North 939.73 feet and due East 290.00 feet from the S.W. corner of Section 10, T. 1 S., R. 9 E., and pro- ceeding thence due East 225.00 feet, thence due South 202.67 ft; thence due West 225.00 feet; thence due North 202.67 feet to the point of beginning. Containing 45,600.75 square feet ok 1.047 acres, more or less. Subject to easements of Record. Parcel 3 Fart of the S.W. 1/4 of Section 10, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as Beginning at a point distant due North 709.73 feet and due East 290.00 feet. from the Southwest corner of Section 10, T. 1 S., R. 9 E., and proceeding thence due North 27 33 feet; thence due East 225.00 feet to a point on the West line of Burton Hollow Woods L Subdivision, recorded in Liber 86, N19ges 69 and 70 of Flats, Wayne County Records, thence along said West line due South 75.58 feet and South 27 degrees 58 minutes 29 seconds West 117.25 feet, thence North 89 degrees 44 minutes 30 seconds West 170.00 feet, thence due North 151.04 feet to the point of beginning, said parcel containing 37,392.2 square feet or .858 acres, more or less. Subject to easements of Record. Parcel 4 Part of the S.W. 1/4 of Section 10, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point, said point being due North 560 feet and South 89 degrees 44 minutes 30 seconds East 210.00 feet from the Southwest corner of Section 10, T. 1 S. , R 9 E. , and proceeding thence due North 150.68 feet; thence due East 80.00 feet; thence due South 151.04 feet, thence North 89 degrees 44 minutes 30 seconds West 80.00 feet to the point of beginning. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register ofDeeds. Aral call vote was taken on the foregoing resolution with the following result• L AYES• Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. 16522 By Councilman Bishop, seconded by Councilman Ventura, it was 4723-77 RESOLVED, that having considered a communication dated April 14, 1977 from the City Planning Commission which sets forth its resolution 4-72-77 with regard to Petition 77-3-2-4, submitted by Burger Chef request- ing waiver use approval to construct an addition to the existing facility on property zoned C-2, located on the north side of Five Mile Road, east of Merriman Road, in the Southwest 1/4 of Section 14, and the Council hav- ing conducted a public hearing with regard to this matter on May 23, 1977, pursuant to Council Resolution 428-77, the Council does hereby determine to reject the recommendation of the Planning Commission and Petition No. 77-3-2-4 is hereby approved and granted, such approval to be subject to compliance with the following conditions: 1) That the petitioner maintain all landscaping shown on site plan, including that located adjacent to this property but off-site; 2) That parking be provided on an angular basis; 3) That the westerly access opening adjacent to the shopping center parking lot remain open. A roll call vote was taken on the foregoing resolution with the following result IL' AYES: Ventura, Bishop, Nash and Brown. NAYS. Raymond and McCann. the President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bishop, it was # 724-77 RESOLVED, that having considered a communication from the City Clerk, dated July 13, 1977, which indicates that Livonia Builders, 36714 Bennett, Livonia, Michigan 48152, proprietor of Tiffany Square Subdivi- sion, situated in the Northeast 1/4 of Section 8, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval, and the Council having received a communi- cation from the City Planning Commission, dated July 15, 1977, wherein said Commission approves the final plat for the said subdivision in its resolution 7-143-77, adopted on July 12, 1977, and the Council having considered a report from the City Engineer, dated June 28, 1977, recom- mending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 141-77 adopted on February 16, 1977, said preliminary plat having been recommended for approval by the City Planning Commission on November 9, 1976 in its resolu- tion 11-222-76; now, therefore, the Council does hereby determine torgrant its approval to the Final Plat of Tiffany Square Subdivision, located in the Northeast 1/4 of Section 8, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full complaince with the Subdivision Control Act of Michigan of 1967, as amended, and the Ordinances of the City of Livonia, and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. 16523 P roll call vote was taken on the foregoing resolution with the following result. AYES. Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #725-77 RESOLVED, that having considered a communication from the Municipal Building Authority of Livonia, dated July 15, 1977, with regard to the Silver Village Housing Project, the Council does hereby deter- mine to waive any and all fees as required by City ordinances in connec- tion with the construction of this project; and all City Administrative Departments, and particularly the Bureau of Inspection and Engineering Division, are hereby requested to do all things necessary in order to waive any&all fees in the manner hereinbefore referred to. A. roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #726-77 RESOLVED, that having considered a communication from the Michigan Municipal League, dated June 29, 1977, the Council does hereby determine to designate Mayor Edward H. McNamara as Official Representa- tive, and Council President Robert E. McCann, as Alternate Official Representative, to represent the City of Livonia at the Annual Meeting of the Michigan Municipal League to be held in Grand Rapids on September 28-30, 1977; and the City Clerk is hereby requested to transmit a certified copy of this resolution, with the attached card, to the Michi- gan Municipal League. roll call vote was taken on the foregoing resolution with the following result: AYES• Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, it was #727-77 RESOLVED, that having considered a communication from the Super- intendent of Public Service, dated July 15, 1977, which bears the signa- ture of the Director ofFinance, 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 make necessary repairs to Compressors No. 1 and No. 2 at the Devonaire Ice Arena, the estimated total cost of which is $3215.44; the the Council does hereby appropriate a sum not to exceed $3500 from the Unexpended Fund Balance Account for this purpose; further, the Council does hereby determine to authorize the said work without competitive bidding for the reasons indicated in the aforesaid communication, and 16524 such action is taken in accordance with the provisions set forth in Section 2-213(d.)(5) of the Livonia Code of Ordinances, as amended, 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, Ventura, Bishop, Nash, Brown and McCann. NAYS• None. By Councilman Ventura, seconded by Councilman Bishop, it was W728-77 RESOLVED, that having considered a communication from the City Engineer and the Planning Director, dated October 11, 1976, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a communication from the Detroit Edison Company requesting approval of a portion of the proposed Detroit Edison Company 120KV Master Plan within the City of Livonia so as to permit the construc- tion of a subtransmission line from the Mallard Station to the Yost Station, on a basis of one of the alternate routes shown on the attached sketch, the Council does hereby determine to approve construction of the proposed substransmission line, Alternate Route No. 2, which would run on Middle Belt between Joy and Plymouth, then westerly on Plymouth Road approximately one half mile, then northerly through the Industrial Belt to the Yost Station, as shown on the attached sketch; provided, however, that the approval herein granted is conditioned upon and made subject to the requirement that commencing at the intersection of West Chicago and Middle Belt in a northerly direction for the balance of the route herein approved that all poles shall be painted with a light blue color; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. Arol' call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Bishop, Brown and McCann. NAYS: Nash and Raymond. The President declared the resolution adopted. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 29 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. 77-1-1-1 FOR CHANGE OF ZONING FROM RUF TO M-1. 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. 16525 The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 15 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE: PETITION NO. 76-8-1-30 FOR CHANGE OF ZONING FROM R-1 TO P. 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 Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543) AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO RE PETITION NO. 76-4-1-17 FOR CHANGE OF ZONING FROM C-1 TO RUF. 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 Raymond, it was #729-77 RESOLVED, that having considered a communication dated July 18, 1977 from the Department of Law, transmitting for Council acceptance the following. 1) Order Relinquishing Jurisdiction of the Livonia Drain No. 8 Drainage District to the City of Livonia, Wayne County, Michigan, executed on May 10, 1977 by Charles N. Youngblood, Wayne County Drain Commissioner; and 16526 2) Assignment of Grantee's Interest in Easement executed on May 18, 1977 by the Livonia Drain No. 8 Drainage District, a Body Corporate, by its Chairman, Charles N. Youngblood, assigning to the City of Livonia a certain Easement dated September 24, 1962 executed between John F. Halstead and Mary E. Halstead, his wife, as grantors, and the Livonia Drain No. 8 Drainage District, as grantee, and registered in Liber 1+865, Pages 734+-736, Wayne County Records, Wayne County, Michigan, the Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid Order and Assignment, 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, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, it was #730-77 RESOLVED, that having considered a communication dated July 14+, 1977 from the Department of Law transmitting for Council acceptance a Grant of Easement more particularly described as The North 15 feet of the following described parcel of land. The North 82.50 feet of the East 150 feet of Lot 21, Winfield Estates Subdivision, as recorded in Liber 69, Page 28, Wayne County Records, said subdivision being of part of the N. W. 1/4 of Section 9, T. 1 S , R. 9 E., City of Livonia, Wayne County, Michigan the Council does hereby for and in 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 theRegister of Deeds and to do all other 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. Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS None. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, it was 16527 #731-77 RESOLVED; that having considered a communication dated June 2i, from the Department of Law, transmitting for Council acceptance: a) Warranty Deed, dated June 2, 1977, from Greenfield Construction Company, Inc., conveying to the City public right-of-way officially named and known as "North Laurel Park Drive," described as follows : A parcel of land being a part of the S. E. 1/4 of Section 7, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Commencing at the S. E. corner of said Section 7, T. 1 S., R. 9 E. ; thence S. 89° 58' W. along the South line of said Section, 1125.73 ft. to a point; thence N. 0° 02' W. 90.00 ft. to a point on the North line of the Six Mile Road (180 ft. wd.), said point being one of the Southeast corners and the point of beginning of the parcel herein described; thence S. 89° 58' W. along said North line 116.00 ft. to a point; thence N. 0° 02' W. 70.00 ft. to a point of curve; thence Northwesterly on a curve to the left 286.44 ft. measured along the arc of said curve to a point of tangent, said curve having a radius of 381.67 ft. and a central angle of 43° 00' , the chord of said curve bears N. 21° 32' W. and has a length of 279.77 ft. ; thence N. 43° 02' W. 269.45 ft. to a point of curve, thence Northwesterly on a curve to the right 289.69 ft. measured along the arc of said curve to a point of tangent, said curve having a radius of 386.00 ft. and a central angle of 43° 00', the chord of said curve bears N. 21° 32' W. and has a length of 282.94 ft. ; thence N. 0° 02' W. 452.39 ft. to a point of curve; thence Northeasterly on a curve to the right 1010.02 ft. measured along the arc of said curve to a point of tangent, said curve having a radius of 643.00 ft. and a central angle of 90° 00', the chord of said curve bears N. 44° 58' E. and has a length of 909.34 ft. ; thence N. 89° 58' E. 605.25 ft. to a point; thence N. 78° 39' 24" E. 152.97 ft. to a point; thence N. 89° 58' E. 150.00 ft. to a point on the West line of Newburgh Road (90.00 ft. West of and parallel to the East line of said Section 7); thence S. 0° 09' 10" W. along said West line, 116.00 ft. to a point, thence S. 89° 58' W. 904.87 ft. to a point of curve, thence Southwesterly on a curve to the left 874.93 ft. to a point of tangent, said curve having a radius of 557.00 ft. and a central angle of 90° 00', the chord of said curve bears S. 44° 58' W. and has a length of 787.72 ft. ; thence S. 0° 02' E. 452.39 ft. to a point of curve; thence Southeasterly on a curve to the left 225.15 ft. measured along the arc of said curve to a point of tangent, said curve having a radius of 300.0 ft. and a central angle of 43° 00' , 16528 the chord of said curve bears S. 21° 32' E. and has a length of 219.90 ft., thence S. 43° 02' E. 345.61 ft. to a point of curve; thence Southeasterly on a curve to the right 289.69 ft. measured along the arc of said curve to a point of tangent, said curve having a radius of 386.0 ft. and a central angle of 43° 00', the chord of said curve bears S. 21° 32' E. and has a length of 282.94 ft.; thence S. 0° 02' E. 70.00 ft. to the point of beginning, containing 6.697 acres of land, (which parcel shall be used as a public right-of- way officially named and known as "NORTH LAUREL PARK DRIVE"). b) Grant of Easement, dated June 2, 1977, from Greenfield Construction Company, Inc., conveying to the City an easement for the purpose of installing greenbelt areas with sprinkler system, which easement is more particularly described as follows. Land in the City of Livonia, Wayne County, Michigan, being a part of the S. E. 1/4 of Section 7, T. 1 S., R. 9 E., more particularly described as: Beginning at a point on the West line of Newburgh Road (as widened), said point being N. 0° 09' 10" E. 210.00 ft. and S. 89° 58' W. 90.00 ft. from the S.E. corner of said Section 7, T. 1 S., R. 9 E. ; thence S. 89° 58' W. 70.00 ft. to a point; thence N. 0° 09' 10" E., parallel to the East line of said Section 7, 1680.01 ft. to a point; thence N. 89° 58' E. 70.00 ft. to a point on the West line of said Newburgh Road; thence S. 0° 09' 10" W. 1680.01 ft. to the point of beginning; and ALSO, beginning at a point on the North side of the Six Mile Road (as widened), said point being S. 89° 58' W. 183.00 ft. and N. 0° 09' 10" E. 90.00 ft. from the S.E. corner of said Section 7, T. 1 S., R. 9 E. ; thence S. 89° 58' W., parallel to the South line of said Section 7, 943.02 ft. to a point; thence N. 0° 02' W. 70.00 ft. to a point; thence N. 89° 58' E. 943.25 ft. to a point; thence S. 0° 09' 10" W. 70.00 ft. to the point of beginning, c) Grant of Easement, dated June 2, 1977, from Greenfield Construction Company, Inc., conveying to the City an easement for a water main in greenbelt area along the north side of Six Mile Road, which easement is more particularly described as follows . Part of the S.E. 1/4 of Section 7, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Commencing at the S.E. corner of said Section 7, 16529 T.l S., R. 9 E.; thence S. 89° 58' W. along the South line of said Section , 183.00 ft. to a point; thence N. 0° 09' 10" E. 148.00 ft. to a point, said point being the S.E. corner and the point of beginning of the easement herein described; thence S. 89° 58' W. parallel to the South line of said Section, 943.21 ft. to a point; thence N. 0° 02' W. 12.00 ft. to a point; thence N. 89° 58' E. 943.25 ft. to a point; thence S. 0° 09' 10" W. 12.00 ft. to the point of beginning, d) Grant of Easement, dated June 8, 1977, from Greenfield Construction Company, Inc., conveying to the City an easement for a storm sewer in greenbelt area along the north side of Six Mile Road, which ease- ment is more particularly described as follows: Part of the S.E. 1/4 of Section 7, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Commencing at the S.E. corner of said Section 7, T. 1 S., R. 9 E.; thence S. 89° 58' W. along the South line of said Section, 183.00 ft. to a point; thence N. 0° 09' 10" E. 128.00 ft. to a point, said point being the S.E. corner and the point of beginning of the easement herein described; thence S. 89° 58' W. parallel to the South line of said Section, 943.14 ft. to a point; thence N. 0° 02' W. 20.00 ft. to a point; thence N. 89° 58' E. 943.21 ft. to a point; thence S. 0° 09' 10" W. 20.00 ft. to the point of beginning. e) Grant of Easement, dated June 2, 1977, from Greenfield Construction Company, Inc., conveying to the City an easement for a storm sewer in greenbelt area along Newburgh Road north of Six Mile Road, which easement is more particularly described as follows: Part of the S.E. 1/4 of Section 7, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Commencing at the S.E. corner of said Section 7, T.l S., R. 9 E. ; thence N. 0° 09' 10" E. along the East line of said Section, 210.00 ft. to a point; thence S. 890 58' W. 148.00 ft. to a point, said point being the S.E. corner and the point of beginning of the easement herein described; thence S. 89° 58' W. 12.00 ft. to a point; thence N. 0° 09' 10" E., parallel to the East line of said Section, 1680.01 ft. to a point on the South line of a proposed road; thence N. 89° 58' E. along said road 12.00 ft. to a point; thence S. 0° 09' 10" W. 1680.01 ft. to the point of beginning, f) Grant of Easement, dated June 10, 1977, from Greenfield Construction 16530 Company, Inc., conveying to the City an easement for a sanitary sewer in greenbelt area long Newburgh Road north of Six Mile Road, which easement is more particularly described as follows: Part of the S.E. 1/4 of Section 7, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Commencing at the S.E. corner of Section 7, T. 1 S., R. 9 E. , thence N. 0° 09' 10" E. 1022.0 ft. along the East line of said Section; thence N. 89° 50' 50" W. 90.00 ft. to a point on the West line of Newburgh Road, said point being the S.E. corner and the point of beginning of the easement herein described; thence N. 63° W. 78.67 ft.; thence N. 0° 09' 10" E. 22.48 ft. ; thence S. 63° E. 78.67 ft. to a point on the West line of Newburgh Road; thence S. 0° 09' 10" W. 22.48 ft. to the point of begin- ning. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was 4732-77 WHEREAS, pursuant to the direction of the City Council in its Resolution No. 341-77, adopted on April 6, 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 July 18, 1977 an assessment roll dated July 8, 1977 for the installation of ornamental street lighting with underground wiring in Seven Mile Superhighway Subdivision and Stamford Estates Subdivision, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution No. 341-77. THEREFORE, BE IT RESOLVED, that the said 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 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, September 12, 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, 16531 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 circulat- ed generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of September 12, 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 Ventura, seconded by Councilman Nash, and unanimously adopted, it was #733-77 WHEREAS, pursuant to the direction of the City Council in its Resolution No. 3 .2-77, adopted on April 6, 1977, and in accordance with Section 2-510 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 July 18, 1977 an assessment roll dated July 13, 1977 for the improvement consisting of a 31-foot wide full-depth asphalt pavement with concrete curbs and gutters on Morlock Avenue, east of Middlebelt Road, T. 1 S., R. 9 E., City of Livonia, Wayne County, Mi:hi- gan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement, twe in said district as designated in Council Resolution No. 342-77, THEREFORE, BE IT RESOLVED, that the said 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 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, September 12, 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, 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 circulat- ed generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of September 12, 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 Brown, seconded by Councilman Ventura, and unanimously adopted, it was 16532 #734-77 WHEREAS, pursuant to the direction of the City Council in its Resolution No. 340-77, adopted on April 6, 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 July 18, 1977 an assessment roll dated July 7, 1977 for the installation of ornamental street lighting with underground wiring in Hillbrook Subdivision, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution No. 340-77. THEREFORE, BE IT RESOLVED, that the said 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 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, September 12, 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; 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, circulat- ed generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of September 12, 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 Brown, seconded by Councilman Nash, and unanimously adopted, it was 4/35-77 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, September 12, 1977, at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items: (1) Petition 77-5-6-7 submitted by the City Planning Commission on its own motion, to amend Section 18.42 of the Zoning Ordinance of the City of Livonia regarding radio towers in residential districts, the City Planning Commission having in its resolution 6-118-77 recommended to the City Council that Petition 77-5-6-7 be approved, 16533 (2) Petition 77-5-6-6 submitted by the City Planning Commission to amend Section 10.03(g) and Section 11.03(r) of the Zon- ing Ordinance of the City of Livonia to provide that the waiver use requirements with respect to SDD Licenses in C-1 and C-2 Zoning Districts shall henceforth not be applicable to the SDD licenses uses already in existence, the City Planning Commission having in its resolution 6-117-77 recommended to the City Council that Petition 77-5-6-6 be approved, and (3) Petition 77-3-1-3 submitted by Tom's Northwood. Market, Inc. for a change of zoning of property located on the northwest corner of Middlebelt Road and. Clarita in the Northeast 1/4 of Section 11, from C-1 and R-5 to C-2, the City Planning Commission having in its resolution 5-81-77 recommended to the City Council that Petition 77-3-1-3 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 change of zoning as set forth above, first to be published in the official newspaper of the City or a news- paper of general circulation in the City of Livonia, as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or rail- road within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Bishop, seconded by Councilman Brown, and unanimously adopted, it was #736-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated. March 30, 1977 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on July 11, 1977, after due notice as required by Section 2-507 of said. Code, and careful con- sideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code. (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the instal- lation of a street lighting system in Rosedale Meadows Subdivision, Rosedale Meadows Subdivision No. 2 and Rosedale Gardens Subdivision No. 17, located in the South 1/2 of Section 34, City of Livonia, Wayne County, Michigan, and defray the cost of such improvement by special assess- ment upon the property especially benefited in proportion to the benefits derived or to be derived; 16534 (3) approve the plans and specifications for the improvement as set forth in said statement dated March 30, 1977, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and. premises upon which special assessments shall be levied as follows. A special assessment district located in the S. 1/2 of Section 34, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as Lots 2 thrown 50 'AQtlhincl s'1j TAR �ctl rsq h 73, both inclusive/off'' I'osedbae` IeR s S division as recdrded in Liber 76, Pages 41, 42 and 43 of Wayne County Records, and Lots 316 through 426, both inclusive, Lots 441 through 527, both inclusive, Lots 542 through 554, both inclusive, and Lots 566 through 570, both inclusive, of Rosedale Meadows Subdivision No. 2 as recorded in Liber 77, Pages 40, 41 and 42 of Wayne County Records, and Lots 2400, 2432, 2433 2434, 2435, 2466, 2467, 2468, 2496, 2497, 2498, 2518 and 2519 of Rosedale Gardens Subdivision No. 17 as recorded in Liber 81, Pages 83, 84 and 85 of Wayne County Records, and Parcel 34H1ala4,3412a1, (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer, dated March 30, 1977, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #737-77 RESOLVED, that the Council does hereby suspend t1B it rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was 16535 lis #738-77 RESOLVED, that the Council having considered a communication from the Department of Law, dated June 28, 1977, and submitted pursuant to Council Resolution 576-77, with regard to Petition 76-10-1-40 submitted by R. Ajluni, M.D. for a change of zoning on property located south of Curtis and East of Farmington Road in the S.W. 1/4 ofSection 10 from RUFC to P.S., and the proposed ordinance amendment having received its first reading on July 13, 1977, the Council does hereby determine on its own motion, in accordance with Section 23.01(a) of the Zoning Ordinance, to refer to and request that the City Planning Commission conduct a new Public Hearing on the question of whether or not the proposed zoning change should be revised so as to change the zoning of the subject property from RUFC to "P", and thereafter the City Planning Commission is requested to submit its report and recommendation to Council. By Councilman Ventura, seconded by Councilman Nash, it was 4739-77 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated July 19, 1977, and submitted pursuant to Council Resolutions 516-77 and 365-77, with regard to expenses incurred by the Ad Hoc Committee in connection with the Senior Citizens Housing Project known as Silver Village, which purports to be a final accounting, the Council does hereby determine to authorize the payment of the sum of $5514.47 in order to cover the following unpaid expenses incurred by the Ad Hoc Committee Office Supplies - August, 1976 - January, 1977 $7.50 Postage - August, 1976 - January, 1977 9.10 Mileage - August, 1976 - January, 1977 42.00 $ 58.60 James Perry 1060.00 Penny Hall - Clerical Services 63.00 Stella Kapusinsky - Clerical Services 180.00 Mr. Uniform and Mat Rentals 17.00 Stella Kapusinsky - Clerical Services 180.00 American Office Equipment 35.00 Penny Hall - Typewriter Rental 15.00 City of Livonia - Appeal Application 25.00 Total Requisition No. 24701 $ 1633.60 Rails Hamill Becker Carne,Inc. - Requisition No. 24702 275.00 Balls Hamill Becker Carne,Inc. - Requisition No. 24703 725.65 James Perry - Requisition No. 24704 2120.00 Material Reproduction 110.00 Stella Kapusinsky 144.00 Office Supplies 19.48 Miscellaneous, Office Supplies, Travel & Postage 35.76 Total Requisition No. 24705 309.24 16536 Executive Office Supply - Requisition No. 24706 $ 152.26 Michigan Bell - Requisition No. 24707 262.72 Stella Kapusinsky - Clerical Services - Requisition No. 24708 36.00 TOTAL $ 5514.47 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, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was /740-?7 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 21, 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, and to which is attached a copy of a letter dated July 20, 1977 from R. E. Dailey & Co., Construction Mana- ger, concurred in by Ralls-Hamill Architects, Inc. , the Council does here- by accept the bid of Priest Plumbing, Inc., 31273 Ford Road, Garden City, Michigan 48135, for the Phase IV, . -- Part 8 (Plumbing and Mechani- cal) construction of the New Civic Center Municipal Building in the amount of $268,905, 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 $268,905 from Federal Economic Development Administration Funds for this purpose, and the Director of Public Works is authorized to approve all minor adjustments in the work as completed, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. L roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #741-77 RESOLVED that, Biltmore Properties Company, 2900 W. Maple Road, Troy, Michigan 48084, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision. Windridge Village Subdivision, located in the Southeast 1/4 of Section 4, City of Livonia, the proposed preliminary plat being dated April 1, 1977, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on May 3, 1977, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department department dated July 21, 1977; therefore, the City Council does hereby approve of the said pre- liminary plat on the following conditions 16537 (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 9, Chapter 1 of the Livonia Code of Ordi- nances, as amended; the Subdivd.sion Regulations of the Planning Commis- sion; the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 9-122 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved develoment plans, (5) That the following cash payments be made to the City A. Trees 8,010.00 B. Street Name Signs 600.00 C. Traffic Control Signs 1,400.00 D. Street Light Notification Signs 100.00 E. Engineering Services (General Imp. & Sdw) 1. Plan Review & Administration (1-1/2%) $ 9,306.90 2. Field Inspection (3-1/2%) 21,716.10 31,023.00 F. Engineering Services (Grading and. Soil Erosion Control) 1. Plan Review 90.00 2. Permit and Inspection 475.00 565.00 TOTAL CASH PAYMENTS $41,698.00 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Plan- ning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (7) That the final true plat of the aforesaid subdivision shaJ1 be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the propc.sed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordi- nance and this resolution, 16538 (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as shall be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts- General Improvement Bond - $647,000.00, of which at least 10,000 shall be in cash. Sidewalk Bond - 35,000.00, of which at least 7,000.00 shall be in cash. Grading and Soil Erosion Control Bond - $7,500.00, of which et least 2,000.00 shall be in cash Monuments and Lot Markers 2,525.00 cash Development of Greenbelt Areas & Entrance Markers - $11+,000.00, of which at least 2,800.00 shall be in cash Ditch Maintenance Bond - $3,000.00 cash (9) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the subdivision, in accordance with City Ordinances. roil call vote was taken on the foregoing resolution with the following result AYES Raymond, Ventura, Bishop, Nash and McCann. NAYS. Brown. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura and unanimously adopted, it was 4742-77 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 125.581+), as well as Article XXIII of Ordinance No. 51+3, 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, September 12, 1977 at 8 00 p. m. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the.'following item: 16539 Petition 77-5-1-12, as amended, submitted by Plymouth Investment Company for a change of zoning of property located on the east side of Gill Road between Seven and Eight Mile Roads in the S. E. 1/4 of Section 4, from RUFA to R-2 and R-3, the City Planning Commission having in its resolution 6-126-77 recommended, to the City Council that Petition 77-5-1-12, as amended, be approved, further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a 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 notict: to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad with- in the districts or zones affected, and further, the City Clerk is request- ed to do all other things necessary or incidental to the full performance of this resolution. By Councilman Nash, seconded by Councilman Ventura, it was 0743-77 RESOLVED, that having considered a communication from the City Planning Commission, dated July 25, 1977, which transmits its resolution 7-147-77 adopted on July 12, 1977, with regard to Petition 77-7-8-14 submitted by James, Scheible, Zaccagni, Galayda, Inc. , requesting site plan approval in connection with a proposal to construct a one-story building for Monaghan K of C on the west side of Farmington Road between Seven and Eight Mile Roads in Section 14, pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby determine to concur in the recommendation of the Planning Commis- sion and Petition 77-7-8-14 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the recommenda- tion of the Planning Commission. A roll call, vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS: None. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bishop, it was 16540 #744-77 RESOLVED, that having considered a communication from the City Clerk dated July 27, 1977, which indicates that Vacri Land Company, proprietor of Blue Grass Estates Subdivision, situated in the East 1/2 of Section 18, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval, and the Council having received a communication from the City Planning Com- mission dated July 27, 1977, wherein said Commission approves the final plat for the said subdivision in its resolution #7-155-77, adopted on July 26, 1977, and the Council having considered a report from the City Engineer dated July 26, 1977 recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution No. 563-77 adopted on June 15, 1977, said preliminary plat having been recommended for approval by the City Plan- ning Commission on September 28, 1976 in its resolution 9-178-76, now, therefore, the Council does hereby determine to grant its approval to the Final Plat of Blue Grass Estates Subdivision, located in the East 1/2 of Section 18, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the Ordinances of the City of Livonia, and further, 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. Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Brown, it was #745-77 RESOLVED, that having considered a communication from the Department of Law, dated May 6, 1977, approved for submission by the Mayor Pro Tem, with regard to the proposed constitutional challenge to federal unemployment compensation taxes on cities, counties and states, the Council does hereby determine to authorize the City's participation in the law suit to be instituted by the National Institute of Municipal Law Officers (NIMLO), the Council does hereby authorize the Finance Director to execute for and on behalf of the City of Livonia a proposed agreement as attached to the aforesaid communication, further, the Council does hereby appropriate and approve of the expenditure of a sum not to exceed $5,000.00 from the Unexpended Fund Balance Account to be made payable to the NIMLO Federal Unemployment Compensation Tax Litiga- ;tion _Trust Fund as the City's portion of the funds for legal expenses in this litigation, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS• None. 16541 By Councilman Ventura, seconded by Councilman Raymond, it was 746-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 2, 1977, which bears the signature of the Director of Finance and approved by the Director of Public Works, and approved for submission by the Mayor, relative to the proposed improve- ment of Newburgh Road, north of Six Mile Road, in conjunction with the Laurel Park Development, the Council does hereby determine to approve and authorize the said improvement in the manner recommended in the afore- said communication wherein a 600' long by 17' wide island shall be con- structed from south of Bennett to north of Vargo, thereby providing a 6-lane boulevard section adjacent to Gold ManorSubdivision, with the balance of Newburgh Road consisting of a 5-lane pavement with an addition- al right turn lane at entrance to Laurel Park and at Six Mile Road, as shown on the attached plan; and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $144,900.00 from the City's Motor Vehicle Highway Fund Receipts (Major Road Account) to cover the City's portion of the cost involved In constructing the said road improvement project. A L'oll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Ventura, Nash, Brown and McCann. NAYS: Bishop. L ne President declared the resolution opted. By Councilman Ventura, seconded by Councilman Nash, it was 4747-77 RESOLVED, that having considered the verbal report and recommenda- tion of the City Engineer, submitted at the Committee of the Whole meeting conducted on July 27, 1977, with regard to storm drainage improvements requested to be made in connection with the Laurel Park development, the Council does hereby determine to authorize the construction of one storm water retention basin to be located at Schooleraft Community College; and further, the Council does hereby approve the adjustment in size of storm sewers to be constructed at the Laurel Park Development so as to be consistent with the determination made herein. 1. roll call vote was taken on the foregoing resolution with the following result : AYES: Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Bishop, and unanimously v.dopted, this 863rd Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:15 P. M., July 27, 1977. L - " ADDISON '0. .01N, CI ' C • .