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HomeMy WebLinkAboutCOUNCIL MINUTES 1976-07-21 15739 MINUTES OF THE EIGHT HUNDRED AND THIRTY-NINTH REGULAR MEETING liw OF THE COUNCIL OF THE CITY OF LIVONIA On July 21, 1976, 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 8:06 P. M. Councilman Brown delivered the invocation. Roll was called with the following result: Present--Robert E. McCann, Robert F. Nash, Jerry H. Brown, Peter A. Ventura, and Robert R. Bishop Absent--*Jerry Raymond and Robert D. Bennett. Elected and appointed officials present. Addison W Bacon, City Clerk; Harry C. Tatigian, City Attorney; John T Dufour, Superintendent of Parks and Recreation; Robert Turner, Police Chief, Edward Milligan, Director of Public Safety-Police; Ronald Mardiros, City Assessor, John Nagy, City Planner; Ted Opalinski, Traffic Commission; Jack Dodge, Finance Director; Ralph Bakewell, Planning Department; G E Siemert, City Engineer, James Miller, Personnel Director; Michael Reiser, Water & Sewer Board; Frank Kerby, Chief Building Inspector; and Robert Osborn, Director of Public Works. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #606-76 RESOLVED, that the minutes of the 838th regular meeting of the Council of the City of Livonia, held July 7, 1976, are hereby approved. The following resolution was unanimously introduced, supported and adopted: #607-76 WHEREAS, the ravages of the dread disease of leukemia has brought tragedy into many thousands of households and doomed its young victims to an untimely death, and WHEREAS, leukemia takes the lives of more than 500 Michigan residents every year, and WHEREAS, the Children's Leukemia Foundation of Michigan is the only United Way organization in the State of Michigan totally dedicated to furthering research toward more effective treatment and an inevitable cure for this and other blood diseases; and WHEREAS, the Governor of the State of Michigan has proclaimed the period of July 25 to July 31 as "Children's Leukemia Week" 157)10 iiit NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia does hereby declare the week of July 25 to 31, 1976 as "Children's Leukemia Weeka' in the City of Livonia in recognition of the outstanding humanitarian contributions of the Children's Leukemia Foundation of Michigan. By Councilman Bishop, seconded by Councilman Brown, it was #608-76 RESOLVED, that having considered a communication from the Department of Law dated July 8, 1976, approved by the Chairman of the Historical Commission and approved for submission by the Mayor, which submits 1) Stipulation for Dismissal of Appeal, 2) Order Granting Dismislal of Appeal, 3) Stipulation for Vacating of Judgment and Dismissal of Cause; and 4) Order Vacating Judgment and Dismissing Cause, with respect to Wayne County Circuit Court Civil Action No 74-025-555-CC in the matter of the condemnation of certain property on the north side of Seven Mile Road, between Farmington Road and Gill Road, the Council does hereby authorize the City Attorney to execute a Stipulation for Dismissal of Appeal, and a Stipulation for Vacating of Judgment and Dismissal of Cause, and approve th' entry of appropriate orders in connection therewith, the terms and conditions of which are as follows. a. that the judgment entered by the trial court on February 23, 1976 be vacated and the complaint for condemnation be dis- missed without prejudice, without costs, expenses or attorney L fees and without liability of any kind or nature whatsoever to the parties hereto; and b. that the Claim of Appeal be and it is hereby dismissed without prejudice, without costs, expenses or attorney fees and without liability of any kind or nature whatsoever to the parties hereto; and the Department of Law, the City Planning Commission and such other city departments and agencies as may be concerned 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: Brown, Ventura, Bishop, Nash and McCann. NAYS: None. The communication dated June 9, 1976 from the City Treasurer, submitting the quarterly report relative to all deposits of the City in all of its general depositories from March 1, 1976 through May 31, 1976, was received and filed for the information of the Council. Councilman Brown took from the table for second reading and adoption, the following Ordinance: 15741 im. AN ORDINANCE AMENDING SECTION 18.37 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "ZONING ORDINANCE OF THE CITY OF LIVONIA," BY ADDING SUBPARAGRAPH (o) THERETO. RE: PETITION NO. 75-10-6-12. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Ventura, Bishop, Nash and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Nash took from the table for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 6-168(1) OF TITLE 6, CHAPTER 1 (TRAFFIC ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. Councilman Nash in giving second reading struck the words "and resonator" where used two times in Paragraph (b) of the proposed Ordinance amendment. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Ventura, Bishop, Nash and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Nash, seconded by Councilman Bishop, it was #609-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated July 9, 1976 which bears the sig- nature 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 determine to accept the bid of Town & Country Dodge, Inc. , 31015 Grand River, Farmington Hills, Michigan 48024, for supplying the City with three (3) One-Half Ton Pickup Trucks for a total price in the amount of $11,481.45, the same having been in fact the lowest bid received which meets al) specifications; further, the Council does hereby appropriate and authorize the expenditure of the sum of $7,604.30 from Federal Revenue Sharing Funds previously set aside for this purpose. A roll call vote was taken on the foregoing resolution with the following result: 15742 AYES: Brown, Ventura, Bishop, Nash and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was #610-76 RESOLVED, that having considered a communication from the Director of Finance dated June 24, 1976, approved for submission by the Mayor, with regard to the purchase of No. 5 Fuel Oil for the operation of the Pierson School, the Council does hereby determine to authorize the purchase of said No. 5 Fuel Oil from Allied Oil Company, P. 0 Box 91787, Chicago, Illinois 60693, effective June 14, 1976, for the unit price of 27.34 cents per gallon said price being made in accordance with Federal Government Regulations; further, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication and such action is taken in accordance with the provisions set forth in Section 2-213(d)(5) of the Livonia Code of Ordinances, as amended; and all prior resolutions in conflict herewith are hereby repealed, amenc:ed; or revised to the extent necessary to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Bishop, Nash and McCann. LNAYS: None. By Councilman Nash, seconded by Councilman Brown, it was #611-76 RESOLVED, that having considered a communication from the Director of Finance, dated June 25, 1976, approved for submission by the Mayor, the Council does hereby determine to authorize the purchase of gasoline from Texaco, Inc. at the following unit prices in the following manner: May 26, 1976 June 16, 1976 Less than 5,000 Gals. - 42.7¢ Gal. 43.70/Gal. More than 5,000 Gals. - 37.80/Gal. 38.90/Gal. Lead Free less than 5,000 Gals. - 44.70/Gal. 45.70/Gal. Lead Free more than 5,000 Gals. - 39.80/Gal. 40.80/Gal. said prices being made in accordance with Federal Government Regulations; further, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213(d)(5) of the Livonia Code of Ordinances, as amended; and all prior resolutions in conflict herewith are hereby repealed, amended, or revised to the extent necessary to be consistent with the action taken herein. Ime A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Bishop, Nash, and McCann. NAYS: None. 15743 By Councilman Ventura, seconded by Councilman Brown, it was #612-76 RESOLVED, that having considered a communication from the Mayor, dated June 25, 1976, which bears the signature of the Finance Director, with regard to certain litigation commenced by an association of certain suburban communities and other users of the Detroit Metropolitan Water System, wherein the services of Mr Bert Burgoyne, attorney, have been retained, and in accordance with the pledge set forth in council resolu- tion #162-76 adopted on February 18, 1976, the Council does hereby deter- mine to appropriate and authorize the expenditure of a sum not to exceed $5,000 from the Unexpended Fund Balance Account of the Water Department to cover the City of Livonia's share of the costs involved in the said litigation; 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: Brown, Ventura, Bishop, Nash and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication from the Personnel Director dated June 16, 1976, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on May 20, 1976 wherein the Civil Service Commission requests an additional appropriation in the amount of $5,050 in order to continue basic operating expenses, and expenses incurred to administer the CETA Program, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. By Councilman Brown, seconded by Councilman Nash, it was RESOLVED, that the Council does hereby determine, in lieu of the foregoing resolution, to substitute a motion to approve the Civil Service Commission request for an additional appropriation in order to continue basic operating expenses, and expenses incurred to administer the CETA Program. A roll call vote was taken on the motion to substitute as follows. AYES: Brown, Ventura, Bishop, Nash and McCann. NAYS: None. The President declared the resolution to substitute adopted. By Councilman Brown, seconded by Councilman Nash, it was #613-76 RESOLVED, that having considered a communication from the Personnel Director dated June 16, 1976, approved by the Finance Director and approved for submission by the Mayor, and which transmits a resolution 15744 adopted by the Civil Service Commission on May 20, 1976 wherein the Civil Service Commission requests an additional appropriation in order to continue basic operating expenses, and expenses incurred, to administer the CETA Program, the Council does hereby determine to appropriate the sum of $5,050 from the Unexpended Fund. Balance Account to be transferred to the following accounts in the following amounts: Account # Account Name Amount Requested 220-728 Office Supplies 1,000.00 220-749 Service Recognition 400.00 220-756 Miscellaneous 50.00 220-861 Mit° Allowance 100.00 220-904 Printing 2,000.00 220-934 Maintenance of Office Equipment 100.00 236-828 Medical Examiner 1,400.00 $ 5,050.00 the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the substitute resolution with the following result: AYES: Brown, Ventura, Bishop, Nash and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication from the Personnel Director dated June 21, 1976, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on June 10, 1976 which requests that the Civil Service Commission meeting room and the Commission's office.- meeting room be provided with air conditioning, and having also considered a communication from the Director of Public Works dated July 9, 1976, approved for submission by the Mayor, which provides a breakdown of costs required to air condition meeting rooms and other city offices at the Pierson School Center, the Council does hereby determine to refer the same to the Capital Improvement Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Nash, it was RESOLVED, that the Council does hereby determine, in lieu of the foregoing resolution, to substitute a motion to approve appropriation not to exceed $2400 for the purchase of equipment and materials required for the installation of air conditioning equipment for the Civil Service Commission's meeting room, and the Commission's office-meeting room. A roll call vote was taken on the motion to substitute as follows: AYES: Ventura, Nash and McCann. NAYS: Brown and Bishop. The President declared the resolution to substitute adopted. =•5745 By Councilman Ventura, seconded by Councilman Nash, it was tor #614-76 RESOLVED, that having considered a communication from the Personnel Director dated June 21, 1976, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on June 10, 1976 which requests that the Civil Service Commission meeting room, and the Commission's office-meeting room be provided with air conditioning, and having also considered a communication from the Director of Public Works dated July 9, 1976, approved for submission by the Mayor, which provides a breakdown of costs required to air condition meeting rooms and other city offices at the Pierson School Center, the Council does hereby determine to appropriate a sum not to exceed $2400 from the Unexpended Fund Balance Account to be expended for the purchase of the equipment and materials required for the installation of air conditioning equipment for the Civil Service Commis- sion's office-meeting room, the labor and installation of same to be provided by the Operations Division; 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 substitute resolution with the following result. AYES: Brown, Ventura, Bishop, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopt'd, it was #615-76 RESOLVED, that having considered a communication from the City Planning Commission dated June 28, 1976 which sets forth its resolution #6-107-76 with regard to a request dated June 19, 1976 from Arthur H Kickland requesting a 6-month extension of the conditions required in connection with the approval of Petition #75-5-2-12 relative to a waiver use approval to operate an auto repair business within an existing building located on the south side of Eight Mile Road, between Merriman Road and Milburn, in the Northwest 1/4 of Section 2, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant an extension for a 4-month period only. By Councilman Bishop, seconded by Councilman Brown, and unanimously adopted, it was #616-76 RESOLVED, that having considered a communication from the City Planning Commission dated June 25, 1976 which transmits its resolution #6-88-76 wherein the Commission did amend Part V of the Master Plan of the City of Livonia, entitled "The Master School and Park Plan," so as to delete certain property located on the south side of St. Martins Avenue immediately east of McNamara Towers I and II, in the Southeast 1/4 of Section 2, the Council does hereby determine to acknowledge and certify the receipt of same. *Councilman Raymond entered the meeting at 8:42 P M 15746 Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, i:Yw #617-76 RESOLVED, that having considered a communication from Mr. Raymond. A. Monte, 15344 Deering Avenue, Livonia, Michigan 48154, dated July 2, 1976, which submits a claim for certain damages incurred on or about June 27, 1976 as a result of sewer backup causing a flooded basement, the Council does hereby determine to refer the same to the Director of Finance for the purpose of forwarding this claim to the City's insurance carrier for disposition. By Councilman Brown, seconded by Councilman Nash, and unanimously adopted, it was #618-76 RESOLVED, that having considered a communication from the Traffic Commission dated June 21, 1976, approved for submission by the Mayor and submitted pursuant to council resolution #500-76, regarding a parking problem in the immediate area of the Ever Seven Bingo Club, the Council does hereby request that the Traffic Commission in November 1976 conduct a new survey of this area and thereafter submit its report and recommendation. By Councilman Brown, seconded by Councilman Nash, and unanimously adopted, it was #619-76 RESOLVED, that having considered a communication from the Traffic Commission dated June 21, 1976, approved for submission by the Mayor and submitted pursuant to council resolution #500-76, regarding a parking problem in the immediate area of the Ever Seven Bingo Club, the Council does hereby request that the Ever Seven Bingo Club submit a copy of the lease they have recently executed in order to provide additional parking for their patrons, together with a sketch or diagram of the manner in which this property will be utilized. By Councilman Bishop, seconded by Councilman Ventura, it was #620-76 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated June 22, 1976, approved by the Finance Director and approved for submission by the Mayor, wherein it is recommended that a traffic control signal device be located at the entrance to the Bicentennial Park on Seven Mile Road near Wayne, the Council does hereby concur in this request due to the necessity for such a light created by traffic in this area, and does hereby notify the Board of Wayne County Road Commissioners of its desire for a traffic signal control device at this location, and the Council does further request that the Board of Wayne County Road Commissioners investigate the necessity for such installation and to thereafter submit its findings to Council together with an estimate of the total cost of the proposed installation and the share of same which would be assumed by the City of Livonia, and the City Clerk is hereby requested to transmit two certified copies of this resolu- tion to the Board of Wayne County Road Commissioners, 415 Clifford Street, Detroit, Michigan 48226, to the attention of Russell E. Harrison, Engineer of Traffic and. Safety, and to do all other things necessary or incidental to the full performance of this resolution. 15747 L A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Ventura, Bishop, Nash and. McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, and unanimously r.dopted it was, #621-76 RESOLVED, that having considered a communication from the Superintendent of Parks and. Recreation dated June 22, 1976, approved by the Finance Director and approved for submission by the Mayor, wherein it is recommended that a traffic control signal device be located at the entrance to the Bicentennial Park on Seven Mile Road near Wayne, the Council does hereby request that the Traffic Commission submit its report and recommendation. By Councilman Bishop, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated June 22, 1976 approved by the Finance Director and approved for submission by the Mayor, wherein it is recommended that a traffic control signal device be located at the entrance to the Bicentennial Park on Seven Mile Road near Wayne, the Council L does hereby request that the City Planning Commission, Parks & Recreation, and, the Traffic Commission submit their respective reports and recommenda- tions relative to the possible relocation of the entrance to the Bicentennial Park. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bishop and Nash NAYS: Brown, Ventura and McCann. The President declared the resolution DENIED. The following resolution was unanimously introduced, supported and adopted: #622-76 RESOLVED, that having considered a letter from the Devon-Aire Woods Civic Association dated June 25, 1976, requesting permission to conduct its annual corn roast on August 14-15, 1976 from 8:00 P. M. to 1:00 A. M. at the Devon-Aire Woods Park, the Council does hereby determine to grant permission as requested, the action taken herein being subject to the approval of the Chief of Police and the Mayor. By Councilman Raymond, seconded by Councilman Brown, and unanimously L adopted, it was #623-76 RESOLVED, that having considered a communication from the City Engineer dated June 25, 1976, approved by the Director of Public Works and approved for submission by the Mayor, with regard to a proposed improve- ment of a branch of the Bell Drain across the Idyl Wyld. Golf Course 15748 (proposed Livonia Drain No. 50), the Council does hereby determine to refer the same to the Capital Improvement Committee for its report and recommendation. By Councilman Bishop, seconded by Councilman Raymond, and unanimously adopted, it was #624-76 RESOLVED, that having considered a communication from the Department of Law dated June 29, 1976, submitted pursuant to council resolution #316-76, which submits a proposed amendment to the Senior Citizens Nonprofit Housing Tax Exemption Ordinance, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Bishop, seconded by Councilman Brown, and unanimously adopted, it was #625-76 RESOLVED, that the Council does hereby request that the City's Communications Consultant submit his report and recommendation, including costs involved, for the replacement of the present sound effects system in the City Hall, and/or the improvement of same to the extent necessary, by providing additional speakers, microphones, and such other items as may be necessary and required in order to provide an acoustically reliable and acceptable sound system. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #626-76 RESOLVED, that having considered Petition #76-7-3-6 submitted by Wood and Wood, attorneys, dated July 8, 1976, wherein a request is made for the vacating of an easement for public utilities over the east 12 feet of the west 156 feet of Lots 7, 8 and 9, Schoolcraft Acres Subdivision, City of Livonia, Wayne County, Michigan, 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 Nash, it was #627-76 RESOLVED, That National Bank of Detroit, Detroit, Michigan, be and is hereby appointed Paying Agent, Registrar and Transfer Agent, for $650,000 City of Livonia, Wayne County, Michigan, 1975 Special Assessment Bonds, dated November 1, 1975, as more fully described on attached Exhibit A BE IT FURTHER RESOLVED, That National Bank of Detroit shall be paid, as compensation for its services, fees on the following basis: Account Maintenance Fee - to be billed semiannually $50 00 per annum For Paent of Interest Coupons 0 14 per coupon. 15749 For Payment of Coupon Bonds At Maturity or on Redemption Prior to Maturity When All Outstanding Bonds are to be Redeemed $1.50 per bond. On Redemption Prior to Maturity When Less Than All Outstanding Bonds are to be Redeemed $1.75 per bond. For Services as Registrar and Transfer Agent $0.50 per bond for first 100 bonds; $0.40 per bond for next 150 bonds, $0.35 per bond for next 150 bonds; $0.25 per bond for all bonds in excess of 400 - Based on cumulative total of bonds registered, trans- ferred, or released from registration in each year. Plus Out-Of-Pocket Expenses, (e.g. , postage, registered mail, surcharge, etc BE IT FURTHER RESOLVED, That all statements of account and, unless cremation has been authorized by separate Agreement, all cancelled obli- gations shall be forwarded by the Paying Agent to: City of Livonia 33001 Five Mile Road Livonia, Michigan 48154 Attention: Telephone: A roll call vote was taken on the foregoing resolution with the following result AYES: Brown, Raymond, Ventura, Bishop, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was 4628-76 RESOLVED, that having considered a communication from the City Clerk which transmits certified financial statements for the various funds of the City of Livonia for the fiscal year ending November 30, 1975, the Livonia Pension Retirement System for the fiscal year ending November 30, 1975, and the Water and Sewer Division for the fiscal year ending February 29, 1976, as examined and prepared by the firm of Coopers & Lybrand, certified public accountants, including a copy of the Public Accountants' Management Report of Comments and Recommendations to their audit, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. By Councilman Ventura, seconded by Councilman Nash, it was #629-76 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated July 8, 1976, the Council does hereby approve of the request of Southland Corporation to add John and Anna 15750 Schultz as Co-Licensees on 1976-1977 SDM Licensed. Business located at 8998 Middlebelt, Livonia, Michigan; and the City Clerk is hereby requestPd 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: Brown, Raymond, Ventura, Nash and. McCann. NAYS: Bishop. The President declared the resolution adopted. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition No. 76-1-3-1) 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. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Brown, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication from the Department of Law dated July 8, 1976 and which submits an Ordinance pursuant to CR 533-76 with respect to Petition No. 76-1-3-1 for the vacating of an easement located north of Schoolcraft Road, west of Farmington Road, in the S.E 1/4 of Section 21, and which Ordinance did receive its first reading at the regular meeting held July 21, 1976, the Council does hereby deter- mine to refer the same to the next Study Session for consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Bishop and McCann. NAYS. Raymond, Ventura, and Nash. The President declared the resolution DENIED. Councilman Bishop gave first reading to the following Ordinance. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 76-4-3-2) 15751 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in tile Loffice 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 CHAPTER 9 (PARKS AND PLAYGROUNDS) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING PARAGRAPH (nn) TO SECTION 5-901 THEREOF. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #630-76 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. The following resolution was unanimously introduced, supported and adoptod: #631-76 RESOLVED, that having considered a letter dated July 15, 1976 from Robert L. Morris, 17632 Edgewood, Livonia, Michigan 48152, requesting permission to hold the third annual Edgewood/Bennett Block Party in the Nottingham West Subdivision on Saturday, August 14, 1976 from 3:00 P. M. to 10:00 P. M., between 17522 and 17670 Edgewood, north of Six Mile Road and east of Wayne Road, the Council does hereby determine to grant permis- sion as requested, the action taken herein being made subject to approval of the Police Department. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #632-76 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 27, 1976 at 8:30 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: 15752 Petition #76-4-1-15 submitted by Greenfield Construction Company for a change of zoning of property located on the south side of Six Mile Road, west of Newburgh Road, in the Northeast 1/4 of Section 18, from R-9-1 to R-3-B, the City Planning Commission having in its resolution #7-111-76 recommended to the City Council that Petition #76-4-1-15 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 (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 notice to be given by registered mail to each public utility company and, to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full, performance of this resolution. By Councilman Brown, seconded by Councilman Ventura, it was #633-76 RESOLVED, that Practical Home Builders, Inc. & Boulevard Associates, 21790 Coolidge Highway, Oak Park, Michigan 48237, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Stoneleigh Village Subdivision, located in the S. W. 1/4 of Section 21, City of Livonia, the said proposed preliminary plat being dated March 26, 1976; 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 4, 1976; and it further appearing that such preliminary plat, togethe7 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 dated July 12, 1976, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions: (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 Ordinances, as amended, the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such depart- ment, 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; 15753 (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 development plans, (5) Cash Payments to be made to the City: A. Trees $ 3,940.00 B. Street Name Signs 900.00 C Traffic Control Signs 700 CO D. Street Light Notification Signs 75.00 E. Engineering Services (General Improvement & Sidewalks) 1. Plan Review & Administration (1-1/2%) $9,657.23 2. Field Inspection (3-1/2%) 22,533.52 Imo 32,190.75 F. Engineering Services (Grading and Soil Erosion Control) 1. Plan Review 110 00 2. Permit and Inspection 550.00 660.00 Total Cash Payments $ 38,465.75 (6) That the final true record plat of the aforesaid subdivisiox shall be submitted and must receive the final approval of the City Plannin, Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (7) That the final true plat of the aforesaid subdivision shall 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 ir, substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (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 15754 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 - $651,000.00 of which at least 10,000.00 shall be in cash. Sidewalk Bond - 57,500.00 of which at least 5,750.00 shall be in cash. Grading and Soil Erosion Bond - $9,000.00 of which at least 1,800 00 shall be in cash. Monuments and Lot Markers - 4,640.00 cash Development of Greenbelt Easement and Entrance Markers 19,000.00 of which at least 1,000.00 shall be in cash. (9) Paragraph (c) in Section 9-116 is waived and modified so as to omit required fencing for walkways in the Waverly and Pinehurst Court areas, and in the front yard areas only between lots 21 and 22, and between lots 30 and 31. In addition, telephone and electrical lines shall be installed underground in accordance with City requirements and ornamental street lights are to be provided throughout the subdivision. A roll call vote was taken on the foregoing resolution with the following result• AYES• Brown, Raymond, Ventura, Bishop, Nash and McCann. NAYS: None. *Councilman Nash was excused at 9:12 P M. By Councilman Brown, seconded by Councilman Raymond, it was #634-76 RESOLVED, that having considered the report and recommendation of the City Engineer dated July 19, 1976, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend item no. 8 of Council Resolution No. 482-74, adopted on June 19, 1974 as amended by council resolution #765-74, adopted on October 9, 1974, and council resolution #154-76, adopted on February 18, 1976, so as to further reduce the financial assurances now on deposit with the City for general improvements in Madonna Estates Subdivision No. 3, (formerly St. Mary Estates Subdivision No. 2) , located in the southeast 1/4 of Section 20, City of Livonia, to $3,000 of which at least $1,000 shall be in cash to cover the cost of remaining improvements in said subdivision; and further, the Council does hereby reduce the Sidewalk Bond to $2400 Cash to insure the installation of remaining sidewalks, and the financial assurances now on deposit with the City with respect to the foregoing shall be reduced accordingly; and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• 15755 AYES: Brown, Raymond, Ventura, Bishop and McCann. NAYS: None. *Councilman Nash returned at 9:14 P. M. By Councilman Raymond, seconded by Councilman Ventura, and unanimously e icpted, it was #635-76 WHEREAS, pursuant to the direction of the City Council in its resolution No. 231-76, adopted on March 24, 1976, and in accordance with Section 2-511 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 21, 1976 an assessment roll dated July 21, 1976 for the improvement consisting of installing concrete curbs and gutters and a new 1-1/2" asphalt surface course on front streets (St Francis, Antago, and Rensellor Boulevards) and constructing deep-strength asphalt pavements with concrete curbs and gutters on the side streets (St. Martins, Vassar and Bridge Avenues) in the Botsford Park Subdivision in the S. E. 1/4 of Section 1 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. 231-76. 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 the notice 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 August 23, 1976 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 circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of August 23, 1976; 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. On motion of Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, this 839th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:15 P. M. , July 21, 1976. 7 , ADDiSON W. C .