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HomeMy WebLinkAboutCOUNCIL MINUTES 1976-04-28 15576 L MINUTES OF THE EIGHT HUNDRED AND THIRTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 28, 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 8:05 P. M. . Councilman Brown 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, Robert R. Bishop and Robert D. Bennett. Absent--None. Elected and appointed officials present Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney, Jack Dodge, Director of Finance; Rudolf Kleinert, Director of Public Safety-Fire, John Bunk, Fire Chief, Robert Turner, Police Chief; Michael McGee, Administrative Assistant to the Mayor, John T. Dufour, Superintendent of Parks and Recreation; John Nagy, City Planner; Gary Clark, Assistant City Engin- eer, Ralph Bakewell, Planner IV; Richard Jones, Public Utility Manager; Russell L Gronevelt, Superintendent of Operations Division, Michael Resier, Water and Sewer Board, Francis Hand, Planning Commission; and Tommy Mitchell of the Traffic Commis- sion. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #322-76 RESOLVED, that the minutes of the 832nd regular meeting of the Council of the City of Livonia, held April 7, 1976, are hereby approved. By Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, it was #323-76 RESOLVED, that the minutes of the 163rd special meeting of the Council of the City of Livonia, held April 14, 1976, are hereby approved. By Councilman Bennett, seconded by Councilman Bishop, and *unanimously imw adopted, it was #324-76 RESOLVED, that the minutes of the 164th special meeting of the Council of the City of Livonia, held April 21, 1976, are hereby approved. 15577 *Councilman Ventura abstained from voting, which is recorded as a "yes" vote under the provisions of Section 2-119 of the Livonia Code of Ordinances, as amended. The following resolution was unanimously introduced, supported and adopted #325-76 WHEREAS, the Charter of the City of Livonia, Michigan was approved by the Honorable G. Mennen Williams, Governor of the State of Michigan, on April 21, 1950, and WHEREAS, since that date, the Council of the City of Livonia, in its role as the legislative branch of this City's government, has conscientiously sought to further the best interests of this community, and WHEREAS, the year 1976 marks the bicentennial anniversary of the independence of the United States of America, and WHEREAS, in commemoration of this historical event, the citizens of this City have determined to construct a time capsule to be opened in the year 2076 in which will be deposited documents and memorabil- ia portraying the life and customs of this community in 1976, and WHEREAS, it is deemed approprdate to leave an historical record of the problems confronted by public officials of this era and the legislative procedures involved in their solution, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia does hereby determine to dedicate the proceedings of its 833rd regular meeting held on Wednesday, April 28, 1976, to those citizcns who may be residents of this community in the year 2076, and BE IT FURTHER RESOLVED that a written copy of the minutes of the aforesaid meeting shall be deposited in the aforementioned time capsule as a symbol of government acting in the finest democratic tradition, and the City Clerk is hereby requested to do all things necessary or incident- al to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Brown, it was #326-76 RESOLVED, that the Council does hereby request, direct and authorize the Department of Law to do all things necessary to appeal a Summary Judgement rendered by Judge Joseph B. Sullivan in the Circuit Court for the County of Wayne on April 28, 1976, in the case of J-P Properties vs City of Livonia and the City Council of the City of Livonia, Case No. 76-610-599-AW, such appeal to be taken to the Michigan Court of .Appeals and if necessary, thereafter to the Michigan Supreme Court. 15578 L By Councilman Bishop, seconded by Councilman Bennett, it was RESOLVED, that the foregoing resolution with respect to the Court Case of J-Properties vs City of Livonia, is hereby referred to the next Study Session of the Council. A roll call vote was taken on the motion to refer, with the following result. AYES: Bishop and Bennett. NAYS: Brown, Raymond, Ventura, Nash and McCann. The President declared the motion to refer, DENIED. A roll call vote was taken on the original resolution with the following result. AYES: Brown, Raymond, Ventura, Nash and McCann. NAYS: Bishop and Bennett. The President declared the resolution adopted. At the direction of the Chair, the item on the agenda with respect to Petition No. 75-11-1-29, submitted by the Michigan Home for the Armenian Aged, Inc., was removed, and will be considered at the next Study Session to be conducted on May 3, 1976. Councilman Nash took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 10.03 OF ARTICLE X OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "ZONING ORDINANCE OF THE CITY OF LIVONIA, " BY ADDING SUBPARAGRAPH (f) THERETO. (Petition No. 75-6-6-8) A roll call vote was taken on the foregoing Ordinance with the following result. AYES• Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. LCouncilman Brown took from the table, for second reading and adoption, the following Ordinance: 15579 AN ORDINANCE AMENDING ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY AMENDING SECTIONS 8.02, 8.03 and 8.04 OF ARTICLE VIII THEREOF. (Petition No. 75-9-6-11) A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Brown, Raymond, Ventura, Bishop, Bennett, 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 #327-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated March 10, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the following low bids which meet specifications to supply the Road Maintenance Section with the material described at the Unit prices bid per ton for the period April 1, 1976 through April 1, 1977. a) LA FAVE TRUCKING INC., 1859 Canton Center, Plymouth Michigan 48170 Material to be Furnished Unit Price Bid M.D.H.T. - 21A - D.T.Y. $2.98 per ton M.D.H.T. - 21A - S.O.R. 2.98 per ton W.C.R.C. - 3A - D.T.Y. 5.85 per ton M.D.H.T. - 31A - D.T.Y. 5.55 per ton W.C.R.C. - 3X - D.T.Y. 3.23 per ton W.C.R.C. - 22X - D.T.Y 3.03 per ton M.D.H.T. - 9A - D.T.Y. 4.75 per ton M.D.H.T. - 9A - S.O.R. 4.75 per ton M.D.H.T - 25A - D.T.Y. 5.08 per ton W.C.R.C. - Porous Backfill Grade A -D.T.Y. 1.75 per ton W.C.R.C. - Porous Backfill Grade B -D.T.Y. 2.45 per ton W.C.R.C. - 2NS - Natural Sand - D.T.Y. 2.24 per ton Pea Gravel - D.T.Y. 2.90 per ton Ohio - No. 348 Limestone 3.51 per ton b) AMERICAN AGGREGATES CORP., 22158 W. Nine Mile Road, Southfield, Mich. 48075 Material to be Furnished Unit Price Bid W.C.R.C. - 2MS - Mortar Sand - D.T.Y. $2.42 per ton 60-40 Washed - Conc. Aggregates, D.T.Y. 2.42 per ton 15580 c) HAYBALL TRUCKING, INC , 12550 Farmington Road, Livonia, Michigan 48150 Material to be Furnished Unit Price Bid M.D.H.T. - 22A - D.T.Y. $2.09 per ton M.D.H.T. - 22A - S.O.R. 2.09 per ton d) EDW. C. LEVY COMPANY, 8800 Dix Avenue, Detroit, Michigan 48209 Material to be Furnished Unit Price Bid M.D.H.T. - 25A - D.T.Y. $5.65 per ton. A roll call vote was taken on the foregoing resolution with the following result: AYES- Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #328-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated March 9, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of Fendt Builders Supply Inc. , 22005 Gill Road, Farmington Hills, Michigan 48024, for supplying the Road Maintenance Section with Air Entrained Cement at the Unit Price Bid of $2.49 per bag for the period April 1, 1976 through April 1, 1977 (estimated total price $3735.00), the same have been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result- AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, it was #329-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated March 10, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of Fendt Transit Mix, Inc., 4343 Flint Street, Novi, Michigan 48050, for supplying the Road Maintenance Section with Readymix Concrete for the estimated total price of $10,500.00, based upon the unit prices bid for the period April 1, 1976 through April 1, 1977, the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCcnn. NAYS. None. 15581 By Councilman Raymond, seconded by Councilman Bishop, ii, was #330-76 RESOLVED, that having considered a communication from the Su}. r- intendent of Parks and Recreation, dated March 12, 1976, approved by the Finance Director and approved for submission by the Mayor, with regard to bids received for Arts and Crafts Supplies - 1976, as set forth in a lire, and tabulation attached to the aforesaid communication, the Council does hereby determine to accept the bids as recommended in the aforesaid list for the total sum of $990.41 for the amounts, items, bidders and prices indicated, the same having been in fact the lowest bids received which meet specifications for these items (low bidder on Pyro Lace (MacMillan) rejected for reasons indicated in the aforesaid communication). A roll call vote was taken on the foregoing resolution with the following result AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Bishop, seconded Councilman Bennett, it was #331-76 RESOLVED, that having considered. a communication from the Super- intendent of Parks and Recreation, dated March 12, 1976, approved by the Finance Director and approved for submission by the Mayor, with regard to bids received for Playground Supplies - 1976, as set forth in a list and tabulation attached to the aforesaid communication, the Council does hereby determine to accept the bids as recommended in the aforesaid list for the total price of $2,019.25, for the amounts, items, bidders and prices indicated, the same having been in fact the lowest bids received for these items and meet all specifications. A roll call vote was taken on the foregoing resolution with the following result AYES• Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Brown, seconded, by Councilman Raymond, it was #332-76 RESOLVED, that having considered a communication from the Director of Finance, dated March 29, 1976, approved for submission by the Mayor, with regard to the purchase of No. 5 Fuel Oil for the operation of 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, for the Unit Price of 26.500 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 communica- tion and such action is taken in accordance with the provisions set forth in Section 2-213(d)(5) of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. 15582 By Councilman Raymond, seconded by Councilman Brown, it was #333-76 RESOLVED, that having considered a communication from the Director of Finance, dated March 30, 1976, approved for submission by the Mayor, the Council does hereby determine that effective March 20, 1976 the City shall purchase Diesel Fuel from Standard Oil at the Unit Price c,f 36.00 per gallon, said price being made in accordance with Federal Govern- ment 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, and all prior resolutions in conflict herewith are hereby repealed, amended or revised to the extent necessary to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS• None. By Councilman Ventura, seconded by Councilman Bishop, it was #334-76 RESOLVED, that having considered a communication from the Director of Finance, dated March 30, 1976, approved for submission by the Mayor, the Council does hereby determine to authorize the purchase of Gasoline from Texaco, Inc., effective March 1, 1976, at the following Unit Prices Less than 5,000 Gals. - 40.7¢/Gallon More than 5,000 Gals. - 35.80/Gallon Lead Free Gasoline - 37.80/Gallon said prices being made in accordance with Federal Government Regulation:, 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, and all prior resolutions in conflict herewith are hereby repealed, amended or revised to the extent necessary to be consistent with the action taken herein. A rel2 call vote was taken on the foregoing resolution with the following result AYES• Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS' None. By Councilman Nash, seconded by Councilman Bishop, it was #335-76 RESOLVED, that having considered a communication from the Director of Finance, dated March 22, 1976, approved for submission by the Mayor, with regard to the 1975 property tax statements due and outstand_.1g 15583 L on City-owned property, being Parcel Nos. 31JJ1, 28U and 05J, the Cot-coca does hereby determine to appropriate the sum of $13,023.26 from the Unexpended Fund Balance Account for the purpose of making payment of the said 1975 Property Tax Statements in the manner indicated, 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 c-,11 vote was taken on the foregoing resolution with the following result. AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS• None. By Councilman Brown, seconded by Councilman Bishop, it was #336-76 RESOLVED, that having considered a communication from the Director of Finance, dated March 22, 1976, approved for submission by the Mayor, with regard to the funding required in connection with the employ- ment of CETA employees as firefighters commencing March 21, 1976, the Council does hereby determine to increase Property Taxes Account No. 101-402 in the amount of $30,963.00 and to thereafter appropriate a like amount from the increased Property Tax Revenues to be received which sum shall be allocated in the following manner Salaries and Wages - $25,928 L F,I,C.A. - 1,527 Pension - 3,508 Total $30,963 A r111 call vote was taken on the foregoing resolution with the following result AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. By Councilman Raymond, seconded by Councilman Nash, it was #337-76 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Folice, dated April 5, 1976, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to certain funds required to be uN.:d in conjunction with CETA funds for the continuation of the Parks Super- visor Program for the Summer of 1976, the Council does hereby determine to authorize the transfer of the sum of $3,000.00 from Account No. 302-702 (Traffic Bureau Salaries) to the following accounts in the following amounts $2,500.00 to Account No. 316-702 (Juvenile Bureau Salaries and Wages) and $500.00 to Account No. 316-756 (Juvenile Bureau Miscellaneous). LA roll call vote was taken on the foregoing resolution with the following result AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. 1'584 By Councilman Bishop, seconded by Councilman Nash, it was #338-76 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated March 9, 1976, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to pol±ce breakfasts which are part of a program of police liaison with high schools, the Council does hereby determine to appropriate and authorize an expenditure of a sum not to exceed $700.00 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result. AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #339-76 RESOLVED, that having considered a communication from the Director of Finance, dated March 30, 1976, approved for submission by the Mayor, with regard to Federal Revenue Sharing Funds in the amount of $875,841.00 which were approved in the Planned Use Report (Council Resolu- tion 501-75) of the Federal Revenue Sharing Fund, as follows Revenue Sharing Account Description Amount 249-300-701-035 Personal Services (Police & Fire) $692,714 249-440-926-012 Street Lighting 58,127 249-200-960-020 Computer Services 125,000 Total $875,841 the Council does hereby determine to appropriatate and authorize the transfer of the aforesaid sum of $875,841.00 from Federal Revenue Sharing Funds to the General Fund, which monies as herein appropriated have previously been budgeted in the General Fund as revenue to be received from Federal Revenue Sharing Funds. A roll call vote was taken on the foregoing resolution with the following result AYES• Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. By Councilman Brown, seconded by Councilman Bennett, it was #340-76 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Fblice, dated March 30, 1976, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to third-year funding of the City's participation in a Crime Prevention Grant for the period July 1, 1976 15585 through June 30, 1977 for a total contribution in the amount of $41,950.00, the Council does hereby determine that funds required for the City to provide the aforesaid Cash Match in the aforesaid amount of $41,950.00 are hereby appropriated in the City's current budget and/or to the extent required for the Fiscal Year commencing December 1, 1976 will be appropri- ated for this purpose, and to the extent required to be consistent with the action taken herein, all prior resolutions are hereby amended, revised or repealed. A roll call vote was taken on the foregoing resolution with the following result AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Bishop, it was #341-76 RESOLVED, that having considered a communication from the Super- intendent of Operations and the Director of Public Works, dated April 1, 1976, approved for submission by the Mayor, with regard to a proposal for the air conditioning of two (2) Civil Service office rooms located at Pierson Center, the equipment and materials for which would cost $2,350.00, with the installation to be completed by the Operations Division, the Council does hereby determine to appropriate the sum of $2,350.00 from the Unexpended Fund Balance Account to be transferred to Account No. 101-447-811.000.000 (Heating and Air Conditioning) for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication dated December 30, 1975 from the City Planning Commission which transmits its resolution 12-287-75 with regard to Petition 72-7-1-38 (rehearing), submitted by Anthony V. Piersni, attorney for E. David Auer, for a change of zoning on property located at the southeast corner of Ann Arbor Trail and Wayne Road, in the Southwest 1/4 of Section 33, from RUF and C-1 to R-7, and the Council having conducted a public hearing with regard to this matter on March 1, 1976 pursuant to Council Resolution No. 77-76, the Council does hereby determine to refer the same to the next Study Session to be conducted on May 3, 1976. A roll call vote was taken on the motion to refer, with the following result • AYES: Ventura. NAYS: Brown, Raymond, Bishop, Bennett, Nash and McCann. The President declared the motion to refer, DENIED. 15586 By Councilman Bishop, seconded by Councilman Raymond, it was #34+2-76 RESOLVED, that having considered a communication dated December 30, 1975 from the City Planning Commission which transmits its resolution 12-287-75 with regard to Petition 72-7-1-38 (rehearing), submitted by Anthony V Pieroni, attorney for E David Auer, for a change of zoning on property located at the southeast corner of Ann Arbor Trail and Wayne Road, in the southwest 1/4 of Section 33, from RUF and C-1 to R-7, and the Council having conducted a public hearing with regard to this matter on March 1, 1976 pursuant to Council Resolution No. 77-76, the Council does hereby reject the recommendation of the City Planning Commission and the said petition 72-7-1-38 (rehearing) is hereby denied for the following reasons. 1. The proposed change of zoning to the R-7, Multiple Family Classification, would permit a housing density and a housing character inappropriate to the established adjoining single family neighborhood, 2. The proposed change of zoning to the R-7, Multiple Family Classification, would permit the second apartment complex in this area which together would represent a major influx of apartments inconsistent with the land use policy of encouraging small apartment projects so they can be readily absorbed into the fabric of the existing neighbor- hood, 3. The proposed change of zoning would represent the second introduction of multiple housing within this traffic area of Wayne Road and Ann Arbor Trail and would add to the traffic congestion already occurring in the area and would aggravate an already hazardous road condition. A roll call vote was taken on the foregoing resolution with the following result: AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. The communication dated April 28, 1976, from Mr. Jack Salvadore of 3)4518 Grandon, regarding Petition No. 72-7-1-38 of E. David Auer for property at the southeast corner of Ann Arbor Trail and Wayne Road, was received and filed for the information of the Council At 8 55 p m. , a recess was called, after which the meeting resumed with all :nenbers present who were named as present at the original roll call of this meeting. By Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, it was 1;587 #343-76 RESOLVED, that having considered communications from Rodney C. Kropf, attorney, dated December 16, 1975 and March 30, 1976, which take an appeal from a determination made on October 28, 1975 by the City Plan- ning Commission in its Resolution 10-255-75 for a one year extension of approval of Petition 73-7-8-32, submitted by Clarence P. Jahn, requesting approval of all plans required by Section 18.47 for a commercial building to be constructed in Jahn's Shopping Center located on the south side of Five Mile Road between Farmington Road and Surrey in Section 21, the Council does hereby determine to waive the ten (10) day limitation prescrib- ed in Section 19.08 of the Zoning Ordinance and to designate Monday, June 7, 1976 at 8:00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #344--76 RESOLVED, that the Council does hereby request that the City Planning Commission review the waiver use, site plan and conditional use provisions in Ordinance No. 543, as amended, with regard to the matter of conducting Public Hearings in connection with same, and thereafter submit its report and recommendation to Council. By Councilman Bennett, seconded by Councilman Nash, and unanimously adopted, it was #345-76 RESOLVED, that having considered a communication from the Plan- ning Director and the City Engineer, dated March 19, 1976, approved by the Mayor for submission, pursuant to Council Resolution No. 1033-75 relative to the current status of the proposed Loop Road which would originate on Five Mile Road between Patti's Lounge and the Parkview Cemetery and extend in a southerly direction and thereafter loop to Farmington Road, the Council does hereby determine to refer the same to the Streets, Roads, and Plats Committee. By Councilman Nash, seconded by Councilman Brown, it was #346-76 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated March 24, 1976, with regard to a request made by Broadway Joes, Inc. to transfer stock interest from John and Katherine Louis to Joseph Ascione and simultaneously transfer stock from Mr. Ascione to C.G.T., Inc. in the Class C licensed corporation with Dance- Entertainment Permit located at 31735 Plymouth Road, Livonia, Michigan 48150, the Council does hereby determine to refer the same to the Chief of Pblice for his report and recommendation. A roll call vote was taken on the foregoing resolution with the following result AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAY;• None. 15 588 By Councilman Ventura, seconded by Councilman Bishop, it was #347-76 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated January 28, 1976, and the report and recom- mendation of the Chief of Police, dated March 23, 1976, in connection therewith, the Council does hereby approve of the request from Andrea Curcuriu, aka Andrew Curcuru, for dropping Salvatore Curcuru as partner on 1975 Class C License located at 35085 Plymouth Road, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested 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, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #348-76 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated March 29, 1976, with regard to an application from James Dimitrios Gotsis and Sylvia Gotsis of 17458 Edge- wood, Livonia, Michigan, for a new full year Class C license to be located at 15850 Middlebelt Road, Livonia, Michigan, Wayne County, the Council does hereby determine to refer the same to the Committee of the Whole, along with all other such applications. } A roll call vote was taken on the foregoing resolution with the following result AYES. Brown, Raymond, Bishop, Bennett, Nash and McCann. NAYS: *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement Nay 'no' vote is cast becru.se I believe that the petitioner requesting a Class "C" License should be given the opportunity to come in and present his plans for same. Councilman Raymond gave first reading to the following Ordinance. AN ORDINANCE AMENDING TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING THERETO CHAPTER 28 ENTITLED ,"COMMUNITY RESOURCES ORDINANCE " 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. By Councilman Raymond, seconded by Councilman Nash, it was #349-76 RESOLVED, that the Council does hereby determine that the fore- going Ordinance, which would establish a Department of Community Resources is deemed to be of an emergency nature. 15589 A Toll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Bishop and Nash. NAYS. Ventura, Bennett and McCann. The President declared the resolution adopted. Councilman Raymond invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result. AYES: Brown, Raymond, Ventura, Bishop, Nash and McCann. NAYS *Bennett. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. *Councilman Bennett made the following statement: May 'no' vote is cast because I have had inadequate time to review this Ordinance, and cannot see the emergency. Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING ARTICLE 2, SECTION 5-409 OF CHAPTER 4 (WATER) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. (Monthly Service Charge) 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. Councilman Nash invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following reuilt• AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS. None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 15590 Councilman Ventura gave first reading to the following Ordinance. AN ORDINANCE AMENDING ARTICLE 2, SECTION 5-412 OF CHAPTER 4 (WATER) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. (Service Connection Charges) 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. Councilman Ventura invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result- AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING ARTICLE 2, SECTION 5-408 of CHAPTER 4 (WATER) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. (Consumption Rates) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the of''ice of the City Clerk, and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for action at a subsequent meeting, such meeting to be designated by the Council President. *Councilman Bennett was excused at 9 20 p. m. By Councilman Ventura, seconded by Councilman Bishop, it was #350-76 RESOLVED, that having considered a communication from the Mayor, dated March 18, 1976, to which is attached a Proposal and Contract for Dimension PBX Service between the Michigan Bell Telephone Company and the City of Livonia, the Council does hereby authorize the Mayor and City Clerk, in behalf of the City of Livonia, to affix their signatures to said contract, as well as to do all other things necessary or incidental to the full performance of this resolution. 15591 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 Bennett returned at 9.23 p. m. By Councilman Ventura, seconded by Councilman Nash, it was #351-76 RESOLVED, that having considered a communication from the Mayor, dated March 23, 1976, with regard to fees for transporting of patients by Fire Department rescue units and which submits a proposed fee structure in order to offset expenses involved in connection with the aforesaid activity, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bishop, Bennett and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Ventura, it was #352-76 RESOLVED, that having considered a request submitted by Michael G. Heilmann, Executive Director of the Bicentennial Committee, dated March 26, 1976, with respect to an Eighteenth Century Muster and Battle Reenactment at Bicentennial Park on Seven Mile Road near Wayne Road on July 31, 1976, the Council does hereby grant permission to the Livonia Bicentennial Committee and the Parks Division of the Department of Parks. and Recreation to proceed with the said public display of fireworks, re: Cannons and Muskets, on the aforesaid date and at the said location; provided, however, that this fireworks display shall be subject to observation by the Livonia Fire Department and shall be conducted in an area approved by them, further, that the permission herein granted is conditioned upon full compliance and adherence to the provisions set forth in 1968 PA 358, further, that an endorsement shall be added to the City's General Liability Policy adding as named insured Livonia Bicentennial Committee; a duplicate copy of the original of such endorsement shall he approved as to form by the City Attorney and filed with the City Clerk, 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, Raymond, Ventura, Bishop, Bennett, Nash and McCann. L. NAYS: None. The Financial Statements, transmitted by the Director of Finance under date of March 18, 1976 for various funds for month ending February 29, 1976 was received and filed for the information of the Council. 15592 By Councilman Ventura, seconded by Councilman Bishop, it was #353-76 RESOLVED, that having considered a communication from the Personnel Director, dated March 11, 1976, approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on March 4, 1976 wherein the Commission did recommend that the compensa- tion for various classifications in the Parks and Recreation Department be increased effective January 1, 1976 in the following manner: Classification 1/1/76 Flat Rate Assistant Summer Recreation Playleader $2.30 Recreation Aide 2.30 Rink Attendant 2.30 Lifeguard 2.30 Jr. Concession Attendant 2.30 and that the said flat rate of $2.30 per hour represents the full compensa- tion for all services rendered with no other compensation to be paid to these classifications, the Council does hereby determine to concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was #354-76 RESOLVED, that having considered a communication from the CETA Program Administrator and the Personnel Director, dated March 26, 1976, approved by the Director of Finance and approved for submission by the Mayor, with regard to preapplication for federal assistance under CETA for fiscal year 1977 (Title I), the Council does hereby determine to authorize said preapplication, and in this regard requests that the Mayor and City Clerk 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, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS. None. By Councilman Bishop, seconded by Councilman Brown, it was #355-76 RESOLVED, that having considered a communication from the CETA Program Administrator, dated April 7, 1976, approved by the Director of Finance and approved for submission by the Mayor, with regard to preapplication for federal assistance under CETA for fiscal year 1977 (Title II), the Council does hereby determine to authorize said preapplica- tion, and in this regard requests that the Mayor and City Clerk do all things necessary or incidental to the full performance of this resolution. 15593 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Bishop, it was #356-76 RESOLVED, that having considered a communication from the Depart- ment of Law, dated March 24, 1976, transmitting for Council acceptance one (1) warranty deed and one (1) quit claim deed, to wit. 1. Warranty deed, dated March 12, 1976, by John Martichis, a single man, and John C. Carmos, a/k/a/ John Carl Carmos, and Stella Carmos, his wife, to City of Livonia, conveying land in the City of Livonia described as; That part of Horton's Newburgh Subdivision, Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at the intersection of the west i.;.ne of said subdivision and the north right-of-way line of Am Arbor Road, 106 ft. wide, and proceeding thence N. 0°23'00" E., along the west line of said subdivision, 8.27 ft,thence northeasterly along the arc of a curve, concave to the S,E., with a radius of 2,924.79 ft., a chord with bearing of N. 60°00'07" E. and distance of 177.38 ft.,177.40 ft. to a point on the west right-of-way line of Horton Avenue, thence clue aouth.along said line, 7.95 ft. to a point on the north richt -of:away line of Ann Arbor Road, thence southwesterly, along said right-of-way line, along an arc of a curve, concave to the S.E., with a radius of 2,917.79 ft., a chord with bea.- ing of S. 59° 55' 19"W. and distance of 177.62 ft., 177.6? ft. to the point of beginning. (Ann Arbor Road right-of-way) 2. Quit Claim Deed, dated March 15, 1976, by Gerald May and Phyllis May, his wife, to City of Livonia, conveying land in City of Livonia described as. That part of Horton's Newburgh Subdivision, Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at the intersection of the west line of said subdivision and the north right-of-way line of Ann Arbor Road, 106 ft. wide, and proceeding thence N. 0°23'00" E. , along the west line of said subdivision, 8.27 ft. ;thence northeasterly along the arc of a curve, concave to the S.F. , with a radius of 2,924.79 ft., a chord with bearing of N.60 00' 07" E. and distance of 177.38 ft., 177.40 ft. to a point on the west right-of-way line of Horton Avenue; thence due south along said line, 7.95 ft. to a point on the north right-of-way line of Ann Arbor Road; thence southwesterly, along said right-of-way line, along an arc of a curve, concave to the S.E., with a radius of 2,917.79 ft., a chord with bearing of S. 59° 55' 19" W. and distance of 177.62 ft., 177.62 ft. to the point of beginning. (Ann Arbor Road right-of-way) 15594 the Council does hereby determine for and in behalf of the City of Livoni_n to accept the aforesaid warranty deed and quit claim deed 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 crll vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. Councilman Brown gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 74-5-3-5) T.P. foregoing Ordinance, when adopted,is filed in the Journal of Ordinances in the offirof 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 requlr.Yr meeting of the Council. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted., it was #357-76 RESOLVED, that having considered a communication from the City Engineer, dated March 12, 1976, approved by the Director of Public Work:; and approved for submission by the Mayor, with regard to the expiration of the current three (3) year contract between the City and Commercial Removal, Inc. for the collection and disposal of solid waste and the possible extension of same, or in lieu thereof, the taking of new bids, the Council does hereby determine to refer this item to the Waste Disposal Study Committee for its report and recommendation. By Councilman Bennett, seconded by Councilman Bishop, it was #358-76 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 11, 1976, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the drainage problem which exists at the rear of 30551 and 30531 Wentworth Avenue east of Henry Ruff in Section 14, the Council does hereby determine that it is necessary to construct a storm sewer, as shown on the attached sketch, the estimated cost of which is $5,800.00, and does therefore request that the Livonia Drain No. 6 Extension and Branches Drainage Board return the sum of $5,800.00 from the Surplus Funds which may be available in the Livonia Drain No. 6 and/or the Livonia Drain No. 6 Exten- sion and Branches Construction Accounts to the City so that it may proceed 15595 with the construction ol the said storm sewer; further, the Engineering Division is hereby authorized to finalize plans and specifications and thereafter take competitive bids for the said construction, the same to be subject to the return of the aforesaid surplus construction funds by the Livonia Drain No. 6 Extension and Branches Drainage Board; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Office of the Wayne County Drain Commissioner. A _oil call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was #359-76 RESOLVED, that having considered a communication from the City Engineer, dated March 16, 1976, approved by the City Attorney and the Director of Public Works and approved for submission by the Mayor, in regard to two (2) quit claim deeds obtained in connection with right-of- way for a street to be known as Industrial Road, the Council does hereby accept for and on behalf of the City of Livonia said Quit Claim Deeds as follows. 1. Quit Claim Deed dated November 26, 1975 from Price Brothers Company, a Michigan Corporation, and 2. Quit Claim Deed dated November 3, 1975, from Gloria Freedland and Bernadine Lazette, each as to one-half interest as tenants in common, conveying to the City of Livonia the following described property. Commencing at the Northwest corner of Section 29, T1S, R9E, City of Livonia, Wayne County, Michigan; thence S 0° 16' 03" W 750.00 feet along the west line of said section and the center line of Newburg Road, thence S 89° 28' 10" E 60.00 feet, thence S 0° 16' 03" W 195.00 feet along the east line of Newburg Road for a PLACE OF BEGINNING; thence S 89° 28' 10" E 613.00 feet, thence S 0° 16' 03" W 212.30 feet, thence 87.84 feet along the arc of a tangential circular curve to the left, radius 140.00 feet, chord S 17° 42' 28" E 86.41 feet, thence 307.76 feet along the arc of a tangential cir- cular curve to the right, radius 70.00 feet, subtended by a chord which bears N 89° 43' 57" W 113.33 feet, thence 87.84 feet along the arc of a tangential circular curve to the left, radius 140.00 feet, subtended by a chord which bears N 18° 14' 35" E 86.41 feet, thence tangentially N 0° 16' 03" E 152.57 feet, thence N 89° 28' 10" W 553.00 feet, thence N 0° 16' 03" E 60.00 feet along the east line of Newburgh Road to the Place of Beginning, being part of the NW 1/4 of said section and containing 1.50 acres of land more or less. and the City Clerk is hereby requested to have the said Quit Claim Deeds 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. 15596 A roll call vote was taken on the foregoing resolution with the following result AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Bishop, it was #360-76 RESOLVED, that having considered a communication from the City Engineer, dated March 16, 1976, approved by the City Attorney and the Director of Public Works and approved for submission by the Mayor, and having also considered a communication from the Water and Sewer Board, dated February 27, 1976, which transmits its Resolution No. WS 2074 2/76, wherein the Commission did recommend the construction of a sanitary sewer for a proposed industrial development off Newburgh Road to be located in the N. W. 1/4 of Section 29, the Council does hereby determine to concur in the said recommendation and does for this purpose appropriate a sum not to exceed $23,000.00 from the Sewer Surplus Account, the action taken herein being based upon the understanding of the Council that the aforesaid monies will be recovered from future industrial development in this area. A roll call vote was taken on the foregoing resolution with the following result AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. By Councilman Nash, seconded by Councilman Bishop, it was #361-76 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 16, 1976, approved by the City Attorney and the Director of Public Works and approved for submission by the Mayor, with respect to all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and all owners of record of property subject to the proposed special assessment district having submitted in writing a "Waiver of Notice and Proceedings" in accordance with Section 2-531 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code (1) Accept and approve said statement in all respects, (2) determine to make the improvement consisting of the paving of the proposed Industrial Road off Newburgh Road in the N W. 1/4 of Section 29, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated March 16, 1976; (4) determine that the estimated cost of such improvement is $135,545.00, 15597 (5 ) determine that the cost of said improvement shall be paid for in part by special assessments on the property bene- fited thereby and in part by the City at large, in propor- tions hereafter established, (6) that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be 0 and that the balance of the said cost and expense of said public improve- ment amounting to $135,545.00 shall be borne and paid by special assessments on lands and premises in the special assessment districts as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement shall be paid in ten (10) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shallbe levied, as follows A special assessment district located in the N. W. 1/4 of Section 29, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, being more particularly described as containing the following described parcel Commencing at the Northwest corner of Section 29, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, thence S. 0° 16' 03" W. , 750.00 feet along the West line of said section and the center line of Newburgh Road; thence S. 89° 28' 10" E. , 60.0 feet for a Place of Beginning, thence continuing S. 89° 28' 10" E., 953.0 feet, thence S. 0° 16' 03" W. , 1171.57 feet to the north line of the C. & 0. Railroad, thence N. 75° 34' 35" W. , along said North line 412.50 feet, thence N. 0° 16' 03" E. , 471.80 feet, thence N. 89° 28' W. , 485.0 feet, thence N. 0° 16' 03" E. , 95.0 feet, thence N. 89° 28' 10" W. , 68.0 feet to the east line of Newburgh Road, thence N. 0° 16' 03" E. along said east line 505.72 feet to the Place of Beginning. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and L. (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the pro- visions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council. 15598 h roll call vote was taken on the foregoing resolution with the following result• AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Bennett, it was #362-76 RESOLVED, that Wildwood Development Company, 25950 Five Mile Road, Detroit, Michigan 48239, as proprietors, having requested the City Council to approve the proposed preliminary plat bf the following subdivision. Wildwood Forest Subdivision, located in the N. W. 1/4 of Section 21, City of Livonia, the said proposed preliminary plat being dated March 3, 1976 (revised), and it further appearing that tentative approval of such pre- liminary plat was given by the City Planning Commission, after due notice and a public hearing on November 13, 1973, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Dpeart- ment of Public Works as is set forth in the report of that department dated March 30, 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 I of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Department of Rzblic Works and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplish- ed and completed within a period of two (2) years from the effective data 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 sub- ject at all times to the supervisionand 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 extant required by the City of Livonia and as shown on the approved development plans, 15599 (5 ) Cash Payments to the City A. Trees $ 2,550.00 B. Street Name Signs 400.00 C. Traffic Control Signs 600.00 D. Street Light Notification Signs 100.00 E. Engineering Services (General Improvement & Sidewalks) 1. Plan Review & Administration (1-1/2%) $6,284.55 2. Field Inspection (3-1/2%) 14,663.95 20,948.50 F. Engineering Service (Grading and Soil Erosion Control) 1. Plan Review 95.00 2. Permit and Inspection 475.00 570 00 Total Cash Payments $25,168.50 (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 shall be submitted and must receive the final approval of the City Council within Iwo 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 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 by the proprietor within the prescribed period, that in the event the proprietor elected to deposit such financial assurances the same shall be in the following amounts General Improvement Bond - $428,500.00 of which at least 10,000.00 shall be in cash. Sidewalk Bond - 32,000.00 of which at least 6,400.0o shall be in cash Grading and Soil Erosion Control Bond - $7,500.00 of which at least 1,500.00 shall be in cash Monuments and Lot Markers - 2,945.00 (All cash) 15600 (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; provided, further, that approval herein is predicated upon a motification of the intersection of Riverside and Henry Avenue which shall be made in accordance with SK-3, transmitted by McNeely, Lincoln & Schrader, Inc. under date of April 20, 1976. A roll call vote was taken on the foregoing resolution with the following result: AYES- Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Nash, it was #363-76 WHEREAS, it is necessary to locate, establish and construct certain drainage improvements to be known as Livonia Drain No. 48, to be located entirely within the limits of the City of Livonia, the location of said storm drain improvements being as follows* Commencing at a point in Henry Ruff Avenue approximately 540 feet South of the center line of Lyndon Avenue in the S.W. 1/4 of Section 23, proceeding thence Westerly 340 feet to Hillcrest Avenue, hereinafter referred to as point "A", thence North from said point "A" to Mason Court, thence Westerly in Mason Court approximately 500 feet, thence Southerly and Easterly along the lot lines of Lots 77 and 78, and. Lot 53 of B. E. Taylor's Schoolcraft Manor Subdivision and B. E. Taylor's Schoolcraft Subdivision No. 2 respectively; and also an enclosure beginning at said point "A" and proceeding thence Southerly in Hillcrest Avenue approximately 450 feet to the intersection of Livonia Crescent North, hereinafter referred to as point "B"; then continuing Southerly in Hillcrest Avenue from point "B" approximately 350 feet, and also an enclosure starting at said point "B" and extending Westerly in Livonia Crescent North approximately 550 feet, thence Southerly and Easterly along the lot lines of Lots 105 and Lots 46 and 45 of B. E. Taylor's Schoolcraft Manor Subdivision and B. E. Taylor's Schoolcraft Manor Subdivision No. 2. and An enclosed extension commencing at a point in Hillcrest Avenue approximately 400 feet North of the South line of Section 23, proceeding thence Northerly approximately 530 feet to the inter- section of Livonia Crescent South and Hillcrest Avenue, thence Westerly in Livonia Crescent South approximately 750 feet, AND WHEREAS, in the opinion of the City Council, the location, establishing, and constructing of said drainage improvements are necessary for the public health of the City of Livonia, and the entire cost thereof, except that part representing benefits to State and County highways, should be assessed against the City of Livonia for public health; 15601 AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, (the Drain Code of 1956), provides a feasible method of financ- L ing the cost of said drain and branches where the same is necessary for the public health of the City and where the entire cost of the same is to be assessed wholly against public corporations, as defined in said Chapter 20, AND WHEREAS, Section 486 of said Act 40, Public Acts_ of Michigan, 1965, as amended, provides as follows• "Section 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such public corporation only". NOW, THEREFORE, BE IT RESOLVED THAT 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended,applicable to the location, establishing, and constructing the storm drain improvements set forth in the preamble hereof, and does hereby consent to the location, establishing, constructing and improving of the same pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed storm drain improvements set forth in the preamble hereof being necessary for the public health of the City of Livon- ia, the Mayor and the City Clerk are hereby authorized and directed to sign, for and on behalf of the City of Livonia, a petition praying for the location, establishing, constructing and improving of the same, as set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bjshap;, it was #364-76 RESOLVED, that having considered a communication from the City Engineer, dated March 30, 1976, approved by the Director of Public Works, the City Attorney and approved for submission by the Mayor, to which are attached two (2) amendatory agreements for consulting engineering services provided in connection with the Rosedale Gardens Combined Sewer Separation and Street Paving Project in Section 34, the cost of which was $9611.86 for the combined sewer separation and $6193.74 for the street improvement project, as the same were performed by the firm of Orchard, Fapke, Hiltz, McCliment, Inc., the Council does hereby authorize the Mayor and City Clerk to affix their signatures to the two (2) Amendatory Agreements for and on behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full performance of this resolution. 15602 A roil call vote was taken on the foregoing resolution with the following result AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. By Councilman Raymond, seconded by Councilman Ventura, it was #365-76 RESOLVED, that having considered a communication from the City Engineer, dated March 26, 1976, approved by the Director of Public Works, and approved for submission by the Mayor, with regard to the improvement of Brentwood Avenue north of Seven Mile Road, to which is attached a copy of a communication dated March 18, 1976, from the Chief Engineer - Design Division of the Board of Wayne County Road Commissioners, the Council takes this means to set forth its committment that the City will assume their share of the cost required in constructing the Brentwood Avenue approach in accordance with the County's standards at such time as road improvements are scheduled for the widening of Seven Mile Road to its ultimate width between Inkster and Middle Belt Roads in the manner indicated and for the reasons set forth in the aforesaid communication, and furthermore, the Council does hereby also set forth its commitment that the City will assume the responsibility for maintaining that portion of the intersection which is to be improved in connection with the paving of Brentwood Avenue until such time as the Board of Wayne County Road Commission completes the widening of Seven Mile Road in the vicinity of Brentwood Avenue. A roll call vote was taken on the foregoing resolution with the following result. AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS• None. *Councilman Bishop was excused at 9 4+0 p.m. By Councilman Brown, seconded by Councilman Ventura, it was #366-76 RESOLVED, that having considered a communication from the City Engineer, dated March 30, 1976, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached an agree- ment between the Michigan State Highway Commission and the City of Livonia which would provide for the completion of guard rail modification work at three locations along Ann Arbor Road (M-14), in the City of Livonia, the overall estimated cost of which is $3360.00, with the City's share being +20.00 (12-1/2%), the Council does hereby determine to authorize the Mayor and City Clerk to execute the said agreement on behalf of the City of Livonia, as well as to do all other things which may be necessary or incidental to the full performance of this resolution, further, the Council does hereby appropriate and authorize an expenditure of the sum of $420.00 from Motor Vehicle Highway Fund Receipts (Major Road Account) for this purpose. A roll call vote was taken on the foregoing resolution with the following result . AYES Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS• None. 15603 By Councilman Brown, seconded by Councilman Ventura, and unanimously Imp adopted, it was #367-76 RESOLVED, that having considered a communication from the Depart- ment of Law, dated April 5, 1976, and submitted pursuant to Council Resolu- tion 778-75, wherein it is indicated that Mr. and Mrs. Eugene Belttari no longer desire to acquire City-owned property on Levan Road, Lot 8 of the Shaftmaster's Parksite Estates Subdivision in N.W. 1/4 of Section 32, and having also considered a communication from the City Engineer and the City Planner, dated April 9, 1976, approved by the Director of Public Works and approved for submission by the Mayor, in connection with the foregoing matter, the Council does hereby determine to take no further action with respect to same. *Councilman Bishop returned at 9.42 p. m. By Councilman Raymond, seconded by Councilman Ventura, it was #368-76 RESOLVED, that having considered a communication from the Super- intendent of Operations and the Public Utility Manager, dated March 23, 1976, 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 continuation of the existing uniform rental service agreement for supplying the Department of Public Works with rented uniforms, the Council does hereby determine to request and authorize the Department of Public Works to do all things necessary to prepare specifi- cations, advertise and thereafter obtain competitive bids for this uniform rental service, in accordance with provisions of law and City ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES Raymond, Bishop, Vennett, Nash and McCann. NAYS Brown and Ventura. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Nash, and unanimously adopted, it was #369-76 RESOLVED, that having considered a communication from the Super- intendent of Operations and the Director of Public Works which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which submits a request for appropriations in order to replace certain equipment in the Department of Public Works, 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 Brown, it was #37 -0 6 RESOLVED, that having considered a communication from the Chief 7 of Police and the Director of Public Safety-Fblice, dated March 23, 1976, which bear the signature of the Director of Finance and is approved for 15604 submission by the Mayor, the Council does hereby determine to appropriate and authorize the transfer of the sum of $4,000.00 from the Unexpended lir Fund Balance Account to Intelligence Bureau Miscellaneous Account 101-329- 756.000.000, 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. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. The following resolution was unanimously introduced, supported and adopted #371-76 RESOLVED, that having considered a letter from Kathleen Martz, 88S9 Crown, Livonia, Michigan 48150, received by the Office of the City Clerk on April 7, 1976, requesting permission to close Crown Street north of Joy Road and south of Northfield on Sunday, June 13, 1976 from 11:00 A.M. to 6 00 P.M. for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #372-76 RESOLVED, that having considered a communication from the Chair Person of the Livonia Commission on Aging, dated April 6, 1976, which bears the signature of the Mayor, with regard to the classification of Supervisor of Senior Citizens Activities, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #373-76 RESOLVED, that having considered a communication from Mr. George Albergo, 9268 Houghton, Livonia, Michigan 48150, dated April 8, 1976, with regard to the establishment of fees in connection with the processing of gun permits and registrations in the Central Record Bureau of the Police Division. pursuant to Council Resolution 141-76, the Council does hereby request the Chief of Police and the Director of Public Safety-Police to review the said fee schedule, particularly with regard to costs incurred by the City in each of the categories referred to in Council Resolution 141-76, and thereafter submit their report and recommendation to Council. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #374-76 RESOLVED, that having considered a communication from Mr. George Albergo, 9268 Houghton, Livonia, Michigan 48150, dated April 8, 1976, with regard to the establishment of fees in connection with the processing of gun permits and registrations in the Central Record Bureau of the Police Division pursuant to Council Resolution 141-76, the Council does hereby request that the Department of Law submit its opinion with regard to the validity of the City establishing such fees. 15605 By Councilman Brown, seconded by Councilman Nash, it was #375-76 RESOLVED, that having considered a communication from the City Planning Commission, dated April 8, 1976, which transmits its Resolution 4-59-76 adopted by the Commission on April 6, 1976, with regard to Petition 76-3-8-4 submitted by William Ditzhazy requesting site plan approval to construct a commercial building to be located on the north side of Five Mile Road between Shadyside and Woodring in Section 15, the Council does hereby determine, pursuant to the provisions set forth in Section 18.1+7 of Ordinance No. 51+3, as amended, to concur in the recommendation of the Planning Commission and Petition 76-3-8-4 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #376-76 RESOLVED, that the Council does hereby determine to remove from the table and to place before this body for its action Petition 76-2-8-2 low which was previously tabled by Council Resolution 21+1-76. By Councilman Ventura, seconded by Councilman Bennett, it was #377-76 RESOLVED, that having considered a communication from the City Planning Commission, dated February 19, 1976, which transmits its Resolu- tion 2-23-76 adopted by the Commission on February 17, 1976 with regard to Petition 76-2-8-2 submitted by Arthur Pollack requesting approval of all plans required by Section 8.02 of the Zoning Ordinance, as amended, submitted in connection with a proposal to construct apartment units on property located on the east side of Middlebelt Road, north of Six Mile Road, in Section 12, the Council does hereby determine, pursuant to the provisions set forth in Section 8.02 of Ordinance No. 51+3, as amended, to concur in the recommendation of the Planning Commission and Petition 76-2-8-2 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission and the following additional conditions 1. that the community building and related swimming pool with deck will be relocated in conformance with revised site plan dated April 24, 1976, and the same is to be landscaped with earth berm as shown on revised plan. 2. That petitionrshall not remove or destroy any trees which are three inches in diameter or larger and which are located within the public utility easementsunless such removal is first approved by the Division of Engineering. 15,06 A roll call vote was taken on the foregoing resolution with the following result. AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. Councilman Nash gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 6-223 OF CHAPTER 2 (TAXICABS) OF TITLE 6 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 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 Bishop, and unanimously adopted, it was #378-76 RESOLVED, that having considered a communication dated April 12, 1976 from Constantine Kasapis which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on April 6, 1976 by the City Planning Commission in its resolution No. 4-45-76 with regard to Petition No. 76-3-2-4 submitted by Constantine Kasapis requesting permission to construct a family style restaurant as a waiver use on property zoned C-2 and located on the east side of Farmington Road between Pembroke and Eight Mile Road in Section 3, the Council does hereby designate Monday, June 7, 1976, at 8 00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. Councilman Bennett gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE PETITION NO. 75-11-1-30 FOR CHANGE OF ZONING FROM C-2 TO R-1. 15607 iimThe 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 7 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE' PETITION NO. 75-7-1-20 FOR CHANGE OF ZONING FROM R-5-C TO P.L. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The 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 VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 75-12-•3-8) 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 6-118(f)(3) AND SECTION 6-118(f)(4) OF TITLE 6, CHAPTER I (TRAFFIC ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the L office of the City Clerk, and is the same as if word for word repeated herein. Councilman Ventura invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result 15608 AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. lawNAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Nash, seconded by Councilman Brown, it was #379-76 RESOLVED, that having considered a communication from the City Engineer, dated March 26, 1976, approved by the Director of Public Works and the City Attorney and approved for submission by the Mayor, with regard to right-of-way on Seven Mile Road in the S. W. 1/4 of Section 5 previously acquired by the City from The Southland Corporation, the Council does hereby determine to authorize the Mayor and City Clerk in behalf of the City of Livonia to execute a Quit Claim to the Board of County Road Com- missioners of the County of Wayne, Michigan, conveying the following described property The South 6o feet of the South 478.5 feet of the West 455.17 feet of the Southwest 1/4 of Section 5, T. 1 S. , R. 9 E., City of Livonia, Wayne Counby, Michigan, except the West 60 feet thereof. and the City Clerk is hereby requested 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: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS• None. By Councilman Bishop, seconded by Councilman Brown, it was #380-76 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee pursuant to Council Resolution No. 138-76 and in connection with a report from the City Engineer in his capacity as Street Administrator, dated January 26, 1976, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a map and implementation plan for correcting certain major street deficiencies over a period of the next five years, the Council does hereby take this means to notify the Local Government Division of the Michigan Department of State Highways and Transportation of its intent to achieve substantive progress in the elimination of existing major street inadequacies during the next five years and for this purpose does hereby approve and adopt the implementation plan as attached to the City Engin- eer's report with the understanding that the Council reserves the right to request by resolution an exception to the criteria or a delay in the implementation program on a case by case basis where the facts indicate that an exception is in the public interest because of the importance of the street to the municipality and where traffic volume, speed, or accident experience indicates that an exception would not create undue danger to the public , and furthermore, the Department of Public Works is hereby directed to periodically submit to the Council a list of work proposed to be complet- ed and to receive the Council's approval prior to removing or installing any traffic control signs as related to the Five Year Implementation Elan. 15609 A roll call vote was taken on the foregoing resolution with the following result AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS• None. By Councilman Bennett, seconded by Councilman Raymond, it was #381-76 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 6, 1976, submitted pursuant to Council Resolution 466-75, in connection with a communication from theFire Chief, dated April 25, 1975, approved by the Director of Public Safety- Fire, the Director of Finance and approved for submission by the Mayor, with regard to the reimbursement of a City employee for eye glasses which were broken in an on-the-job accident, the Council does hereby determine to request that the Mayor and Director of Finance, in the preparation of the 1976-1977 Budget for submission to Council, as well as in all future budgets, establish an account with sufficient funds provided in order to cover the cost of broken eye glasses, further, the Council does hereby request that the Civil Service Commission establish a policy with respect to reimbursement of all City Employees for broken eye glasses and that the Council be advised of same. A roll call vote was taken on the foregoing resolution with the following result AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS. None. By Councilman Bennett, seconded by Councilman Raymcrid, and unanimously adopted, it was #382-76 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 6, 1976, submitted pursuant to Council Resolution 829-75, in connection with a communication from the Mayor dated September 19, 1975, which submitted a proposed amendment to the Retirement Plan Ordinance which would increase the number of trustees- from five to six members, the Council does hereby determine to take no further action with respect to same at this time. By Councilman Bennett, seconded by Councilman Raymond, it was #383-76 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 6, 1976, submitted pursuant to Council Resolution 27-76, with regard to the matter of licensing of persons who operate a pump or device used to measure gasoline, oil, or other flammable liquids for sale at retail, the Council does hereby determine to take no further action at this time with respect to the proposed ordi- nance amendment, further, the Council requests that the Fire Division and the Bureau of Inspection submit their respective reports and recommendations relative to safety protections which would be required in order to assure the safety of the public with respect to self-service gas stations. 15610 A roll call vote was taken on the foregoing resolution with the following result AYES• Brown, Raymond, Bishop, Bennett, Nash and McCann. NAYS Ventura. The President declared the resolution adopted. *Councilman Brown was excused at 10 09 p. m. By Councilman Bennett, seconded by Councilman Bishop, it was #384-76 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 6, 1976, submitted pursuant to Council Resolution 103-76, with regard to the matter of the authority of the Budget Office, as provided in Section 2-210(b) of the Livonia Code of Ordinances, to sell or dispose of surplus, obsolete or unused supplies, materials and equipment, the Council does hereby request that the Depart- ment of Law submit its report and recommendation relative to same, includ- ing therein the preparation of an appropriate ordinance amendment relative to the disposal of both real and personal City owned property. A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. Councilman Nash took from the table for second reading and adoption the following Ordinance, the same having been given its first reading by Councilman Bishop on March 10, 1976• AN ORDINANCE AMENDING SECTION 6-171(h) of Title 6, CHAPTER 1 (TRAFFIC ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result AYES Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #385-76 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. *Council Brown returned at 10 15 p. m. 15611 By Councilman Bishop, seconded by Councilman Ventura, it was #386-76 RESOLVED, that having considered a communication from the Depart- ment of Law, dated April 14, 1976, transmitting for Council acceptance two (2) Warranty Deeds, to wit 1. Warranty Deed - Corporation dated April 12, 1976, executed by Greenfield Construction Company, Inc., a Michigan corporation, to City of Livonia, conveying land in the City of Livonia described as• That part of the N. E. 1/4 of Section 18, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan which is described as follows Beginning at a point on the existing south line of Six Mile Road, 120 feet wide, distant S. 89° 58' W., 183 feet and S. 0° 24' 10" E., 60 feet from the N. E. corner of Section 18 and proceeding thence S 0° 24' 10" E. , 30 feet, thence along a Limited Access Line, prohibiting all vehicular access, S 89° 58' W , 913.31 feet to the end of said Limited Access Line, thence continuing along a Free Access Line S. 89' 58' W. , 116 feet, thence along a Limited Access Line, prohibiting all vehicular access, S. 89° 58' W , 103.80 feet to the end of the said Limited Access Line, thence N. 0° 17' 30" W , 30 feet, thence N. 89° 58' E., 1133.05 feet to the point of beginning, together with a re- strictive covenant that the portion of the existing south line of Six Mile Road, (100 feet south of the section line), extending westerly 165.5 feet from the west line of said property also be a Limited Access Line, prohibiting all vehicular access. and 2. Warranty Deed - Corporation dated April 12, 1976, executed by Greenfield Construction Company, Inc., a Michigan corporation, to the City of Livonia, con- veying land in the City of Livonia described as- That part of the S E. 1/4 of Section 7, T 1 S., R. 9 E., City of Livonia, Wayne County, Michigan which is described as follows Beginning at a point on the existing north line of Six Mile Road, 120 feet wide, distant S. 89° 58' W , 183 feet and N 0° 09' 10" E., 60 feet from the S. E. corner of Section 7 and proceeding thence N 0° 09' 10" E., 30 feet, thence along a Limited Access Line, prohibiting all vehicular access, S 89° 58' W , 167 29 feet to the end of said Limited Access Line, thence continuing along a Free Access Line S. 89° 58' W., 70 feet; thence along a Limited Access Line, prohibiting all vehicular access, S. 89° 58' W., 705.73 feet to the end of said Limited Access Line, thence continuing along a Free Access Line S. 89° 58' W., 116 feet, 15612 thence along a Limited Access Line, prohibiting all vehicular access, S. 89° 58' W., 348.10 feet to the end of said Limited Access Line, thence S. 82° 11' 41" E., 109.98 feet, thence S 0° 02' E , 15 feet, thence N. 89° 58' E., 1298 07 feet to the point of beginning the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid Warranty Deeds and the City Clerk is hereby requested to have them recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the Mayor and the City Clerk to execute two (2) Quit Claim Deeds in behalf of the City of Livonia wherein the City conveys the rights-of-way received herein from Greenfield Construction Company, Inc. to the Board of County Road Commissioners of the County of Wayne, Michigan and for this purpose the Council does hereby request the Department of Law to prepare the aforesaid Quit Claim 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 Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #387-76 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 6, 1976 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 April 19, 1976, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring in Argyle Park Subdivision in the N.W. 1/4 of Section 10, City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for the improvement as set forth in said statement dated February 6, 1976, 15613 (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially bene- fited, (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 Lots 82 through 98, inclusive, all of vacated Pickford Avenue (60 feet wide) north of and adjacent to said Lot 98, Lots 99 through 118, inclusive, together with vacated Brookfield Avenue (30 feet wide) lying east of adjacent to said lots 82 through 118 and said Pickford Avenue, also Lots 156 through 175, inclusive, all of vacated Pickford Avenue (60 feet wide) south of and adjacent to said Lot 175, Lots 176 through 192, inclusive, together with the east 1/2 of vacated Mayfield Avenue (60 feet wide) west of and ad- joining said Lots 156 through 192 and said vacated Pickford Avenue, also Lobs 71 through 81, inclusive, and all of tlyid vacated alley (20 feet wide) lying north of and adjacent t9/ Lots 3.1:. through 81, and the east 1/2 of vacated May- field Avenue (60 feet wide) lying west of and adjacent to said Lot 71, and vacated Brookfield Avenue (30 feet wide) lying east of and adjacent to said Lot 81, all being a part of Argyle Park, being a subdivision of part of the N.W. 1/4 of Section 10, T. 1 S. , R. 9 E. Livonia Township (now City of Livonia), Wayne County, Michigan, according to the plat thereof as recorded in Liber 54 of Plats on Page 79, W.C.R., excepting therefrom that part of the above described lands deeded to the City of Livonia for street purposes. (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 February 6, 1976, 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 Nash, seconded by Councilman Brown, it was #388-76 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 6, 1976 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first 15614 public hearing having been held thereon on April 19, 1976, after due notice as required by Section 2-507 of saidCode, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring in Compton Square Estates Subdivision in the South 1/2 of Section 24, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for the improvement as set forth in said statement dated February 6, 1976, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially bene- fited, (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 Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as Lots 1 through 68, inclusive, Compton Square Estates Subdivision and Bureau of Taxation Parcel 24EE1. (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 February 6, 1976, 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. A roll call vote was taken on the foregoing resolution with the following result AYES. Brown, Raymond, Ventura, Bishop, Nash and McCann. NAYS Bennett. The President declared the resolution adopted 15615 *Councilman Nash was excused at 10 16 p. m. By Councilman Bishop, seconded by Councilman Brown, it was #389-76 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated January 16, 1976 on all matters required by Section 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on April 19, 1976, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring in Hampshire Estates Subdivision in the S.W. 1/4 of Section 24, City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property es- pecially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for the improvement as set forth in said statement dated January 16, 1976, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially bene- fited, (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.W. 1/4 of Section 24, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, being more particularly described as Lots 1 through 61, inclusive, of Hampshire Estates Sub- division, City of Livonia, Wayne County, Michigan. (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 January 16, 1976, 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 there- upon 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. 15616 A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Bishop and McCann. NAYS: Ventura and Bennett. The President declared the resolution adopted. *Nash returned at 10 17 p.m. By Councilman Nash, seconded by Councilman Ventura, and unanimously ,dopted, it was #390-76 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 6, 1976 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 April 19, 1976, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code. (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring in Jeffries Freeway Industrial Park Subdivision in the N.E. 1/4 of Section 28, City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for the improvement as set forth in said statement dated February 6, 1976, (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 N. E. 1/4 of Section 28, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, being more particularly described as Lots 1 through 27, inclusive, Jeffries Freeway Industrial Park Subdivision, Lots 803a, 804b and 808a except the east 60 feet of the west 360 feet thereof, and the north 30.5 feet of the west 600 feet of Lot 807, except the east 60 feet of the west 360 feet thereof, Supervisor's Livonia Plat No. 14 (Liber 70, Page 69) City of Livonia, Wayne County, Michigan. 15617 (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. February 6, 1976, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provibions 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 Bishop, and unanimously adopted, it was #391-76 RESOLVED, that having considered a communication dated February 20, 1976 from the City Planning Commission which sets forth its Resolution 2-8-76 with regard to Petition 75-12-1-34 sdbmitted by Owen Lavelle for a change of zoning on property located on the south side of Five Mile Road between Santa Anita and Cavell in the N. E. 1/4 of Section 24, from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on April 19, 1976, pursuant to Council Resolution 204-76, and the petitioner having requested in a letter dated April 26, 1976 that Fetition No. 75-12-1-34 be withdrawn, the Council does hereby determine to take no further action with respect to this item. By Councilman Bishop, seconded by Councilman Bennett, it was #392-76 RESOLVED: that having considered a communication dated February 20, 1976 from the City Planning Commission which sets forth its Resolution 2-9-76 with regard to Petition 75-12-1-35 submitted by Imre and Renati Piko for a change of zoning on property located on the east side of Levan Road, north of Five Mile Road, in the S. E. 1/4 of Section 17, from P.S. to R-6, and the Council having conducted a public hearing with regard to this matter on April 19, 1976, pursuant to Council Resolution 204-76, the Council does hereby concur in the recommendation of the Plan- ning Commission and the said Petition 75-12-1-35 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES Brown, Raymond, Bishop, Bennett, Nash and. McCann. NAYS Ventura. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Bishop, it was 15618 #393-76 RESOLVED, that having considered a communication dated March 12, 1976 from the City Planning Commission which sets forth its Resolution 3-31-76 with regard to Petition 76-2-1-4 submitted by Vacri Land. Develop- ment Company for a change of zoning on property located at the northwest corner ofFarmington and Six Mile Roads in the S.E. 1/4 of Section 9, from P.L. to R-3, and the Council having conducted a public hearing with regard to this matter on April 19, 1976, pursuant to Council Resolution 254-76, the Council does hereby concur in the recommendation of the Planning Commission and the said. Petition 76-2-1-4 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requrested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and. McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was 4'394-76 RESOLVED, that having considered communications from the Depart- ment of Law dated. April 20, 1976 and April 22, 1976, approved by the Director of Finance and the Superintendent of Parks and. Recreation, and approved, for submission by the Mayor, with respect to the proposed Sub- lease of the Clubhouse of Idyl Wyld Golf Club, the Council does hereby authorize the Mayor and the City Clerk to execute the said Sublease Agreement on behalf of the City of Livonia with Idyl Wyld. Catering, Inc. , a Michigan Corporation, 15467 Ellen Drive, Livonia, Michigan 48154, based upon the terms and conditions set forth therein and as enumerated in the aforesaid communication, the original term of which agreement shall be for a period of three (3) years, 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. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Raymond, it was #395-76 RESOLVED, that having considered communications from the Depart- ment of Law dated April 20, 1976 and. April 22, 1976, approved by the Director ofFinance and the Superintendent of Parks and. Recreation, and approved for submission by the Mayor, and having considered a letter from Idyl Wyld Catering, Inc. , dated April 19, 1976, and the Council having authorized the execution of a Sublease Agreement between the City of Livonia and. Idyl Wyld. Catering, Inc. , a Michigan corporation,15467 Ellen Drive, Livonia, Michigan 48154 for the Clubhouse at Idyl Wyld Golf Club 15619 in Council resolution No. 394-76, the Council does hereby authorize the said Idyl Wyld. Catering, Inc. to file in behalf of itself and, the City of Livonia a joint application to the Michigan Liquor Control Commission, as co-licensees, for a Class C Liquor License to be issued by the State of Michigan permitting the sale of alcoholic beverages with Sunday sales, dance permit, entertainment permit, after-hours permit, and S.D.M. License at the said Clubhouse of the Idyl Wyld. Golf Club located at 35780 Five Mile Road, Livonia, Michigan 48154, Wayne County, and FURTHER, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council approves the aforesaid application "above all others", and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission, as well as do all other things necessary or incidental to the full performance of this resolution. A r111 call vote was taken on the foregoing resolution with the following result. AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. By Councilman Bishop, seconded by Councilman Brown, it was #396-76 RESOLVED, that having considered a communication dated April 23, 1976 from the City Planning Commission which transmits its Resolution 4-62-76 adoped on April 20, 1976 with regard to Petition 76-3-2-6 6Ubmitted by the Livonia Jaycees requesting waiver use approval to hold an Annual Spring Carnival within the Wonderland Shopping Center located at Middle- belt and Plymouth Roads in the N. E. 1/4 of Section 35, on property zonal C-2, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 76-3-2-6 is hereby approved. A roll call vote was taken on the foregoing resolution with the following result: AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. By Councilman Bennett, seconded by Councilman Bishop, it was #397-76 RESOLVED, that having considered the "Manual for Property Rehabilitation" prepared by Parkins, Rogers & Associates, Inc. , for the City of Livonia, Michigan dated April, 1976, the Council does hereby determine to take this means to indicate that it approves the same, AND FURTHER, the Council requests that all affected city departments and, agencies involved in the Rehabilitation Loan and. Grant Programs, pursuant to money obtained, under the provisions of the Housing and. Community Development Act of 1974, comply with the guidelines and provisions contained in the aforesaid Manual. A roll call vote was taken on the foregoing resolution with the following result AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS. None. 15620 By Councilman Ventura, seconded by Councilman Raymond, it was #398-76 WHEREAS, Under the provisions of Title I of the Housing and Community Development Act of 1974, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs, and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and WHEREAS, the City Council of the City of Livonia is desirous of providing residents of the City with decent housing, a suitable environment and expanded economic opportunities, particularly for low and moderate income residents, and WHEREAS, To obtain its entitlement funds under the Housing and Community Development Act of 1974, the City of Livonia must submit an application in which the applicant sets forth a summary of a three-year community development plan, a formulation and description of a Program to meet the objectives of such Act, a Housing Assistance Plan, satisfactory assurances that the Program will be conducted and administered in accord- ance with appropriate Federal and State Laws and Department of Housing and Urban Development regulations, and satisfactory assurances that, prior to submission of its application, it has (A) provided citizens with adequate information concerning the amounts of funds available for proposed communi- ty development and housing activities, the range of activities that may be undertaken, and other important Program requirements, (B) held public hearings to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to participate in the development of the application, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVONIA. That the application for entitlement funds for the 1976-77 Program Year under the provisions of the Housing and Community Development Act of 1974 is hereby approved and shall be submitted to the SOUTHEASTERN MICHIGAN COUNCIL OF GOVE LAMENTS (SEZCOG) and the State of Michigan for A-95 review and there/lifter to the Department of Housing and Urban Develop- ment. A roll call vote was taken on the foregoing resolution with the following result AYES. -Brown, Raymond, Ventura, Bishop, *Bennett, Nash and McCann. NAYS None. *Councilman Brown and Councilman Bennett made the following comment I do lbw not like the situation brought about by the Community Development Formula, as it 15621 relates to street paving projects, because it qualifies people to get benefits who do not qualify for Grants because of their financial status, but, under the condi- tions of the Housing and Community Development Act of 1974, we must make improvement of an entire neighborhood to qualify. On motion of Councilman Ventura, seconded by Councilman Nash, and unanir.:ouzly adopted, this 833rd regular meeting of the Council of the City of Livonia was duly adjourned at 10:25 P. M., April 28, 1976. J ADDISr4ACON,Y4 ITY CLERK.