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HomeMy WebLinkAboutCOUNCIL MINUTES 1977-05-25 16385 MINUTES OF THE EIGHT HUNDRED FIFTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 25, 1977, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:05 P. M.. Councilman Bishop delivered the invocation. Roll was called with the following result: Present--Robert E. McCann, Robert F. Nash, Jerry H. Brown, Jerry Raymond, Robert R. Bishop and *Robert D. Bennett. Absent--Peter A. Ventura. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Frances S. Stem, Acting Deputy City Clerk; Robert Osborn, Director of Public Works, Jack Dodge, Director of Finance; John T. Dufour, Superintendent of Parks and Recreation, John Nagy, City Planner; Gary Clark, Assist- and City Engineer; Frank Kerby, Chief Building Inspector; James Inglis, Community Development Coordinator; James E. Mogan, Fblice Department, and Michael Reiser of the Water and Sewer Board. The President of the Council welcomed Boy Scout Troop 742 from St. Matthew's Church, who were in attendance at the meeting. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was 4493-77 RESOLVED, that the minutes of the 858th regular meeting of the Council of the City of Livonia, held May 11, 1977, are hereby approved. The communication dated May 5, 1977 from the Department of Law with respect to Civil Action No. 75-065267-AW (City of Livonia, et al, vs Consumers Power Company) was received and filed for the information of the Council. The communication dated May 4, 1977 from the Department of Law with regard to Wayne County Circuit Court Civil Action No. 74 035706 AA (Richard T. Ceckiewicz vs City of Livonia) was received and filed for the information of the L Council. 16386 Councilman Brown took from the table for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 22 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE: PETITION NO. 76-12-1-46 FOR CHANGE OF ZONING FROM R-7 TO P. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Nash took from the table for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 9.03 OF ARTICLE IX OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SUBPARAGRAPH (j ) THERETO. (Ettition No. 77-1-6-1) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bishop, Nash, Brown, Raymond 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 4494-77 RESOLVED, that having considered a communication from the Director of Finance, dated April 29, 1977, approved for submission by the Mayor Pro Tem, with regard to the purchase of diesel fuel, the Council does hereby determine to authorize the purchase of said diesel fuel from Standard Oil, effective April 25, 1977 for the Unit Price of 38.90/gallon, said price being made in accordance with Federal Government Regulations; further, the Council does hereby determine to authorize said purchase 16387 without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provi- sions 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: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Bishop, it was #495-77 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated May 4, 1977, approved for submission by the Mayor Pro Tem, the Council does hereby determine to accept the Unit Price Bid of K & H Specialties, 4520 W. Warren, Detroit, Michigan 148210, for printing of Ordinances, Bookmarks, 8-1/2 x 5-1/2 single sheets and 8-1/2 x 5-1/2 three-part forms and all card stock; further, the Council does hereby determine to accept the Unit Price Bid of A. t. Trost & Associates, 34203 Plymouth Road, Livonia, Michigan 48150 for Letterhead and the balance of the printing of material, said unit prices, as set forth in the attachment to the aforesaid communication, having been essentially the lowest bids received with respect to these items and meet specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was #496-77 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 20, 1977, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits its resolutionW3 2172 Y7the Council does hereby determine to amend and revise Council Resolution 890-76 so as to delete therefrom the acceptance therein provided with respect to 1-1/2" meters with remote reading device, Magnetic-Drive Type (with connections), at the Unit Price Bid of $151.80 of Hersey Products, Inc., 250 Elm Street, Dedham, Massachusetts 02026, inasmuch as the said bid does not meet specifica- tions; further, the Council does hereby determine to accept the Unit Price Bid of Rockwell International Corporation, 340 Shore Drive,Hinsdale, Illinois 60521, for supplying the City with 1-1/2" Meters with Remote Reading Device, Magnetic-Drive Type (with connections), at the Unit Price Bid of $159.00, the same having been in fact the lowest bid received meeting specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES- Bishop, Nash, Brown, Raymond and McCann. NAYS- None. 16388 By Councilman Nash, seconded by Councilman Brown, it was x+97-77 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated May 2, 1977, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor Pro Tem, the Council does hereby determine to accept the Unit Price Bid of U. S. Standard Sign Company, 516 Sumner Street, Toledo, Ohio 43609, for supply- ing the City (Sign Maintenance Section) with aluminum sign blanits for the estimated total price of $5,251.50 for the period through May 1, 1978, the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Raymond, it was #498-77 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated May 2, 1977, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor Pro Tem, the Council does hereby determine to accept the Unit Price Bid of Souter Oil Sales Company, 4500 E. Nevada, Detroit, Michigan 48234, for supplying the City (Equipment Maintenance Section) with Hydraulic Oil through May 1, 1978 for the price of 980/Gallon (estimated total price of $1078.00); further, the Council does hereby determine to accept the Unit Price Bid of V. R. Eppert & Son Oil & Chemical Company, 9100 Freeland, Detroit, Michigan 48228, for supplying the City (Equipment Maintenance Section) with 20 weight Motor Oil for the price of $1.23/Gallon (estimated total price of $1845.00), and lOW and 30W Motor Oil for the price of $1.28/ Gallon (estimated total price of $563.20) for the period through May 1, 1978; the foregoing bids having been in fact the lowest bids received and meeting specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was 4499-77 RESOLVED, that having considered the report and recommendation of the Chief of Police and the Director of Public Safety-Fblice, dated May 11, 1977, which bears the signature of the Director of Finance and is approved for submission by the Mayor Pro Tem, the Council does hereby determine to accept the bid of Decatur Electronics, Incorporated, 4027 Marion Hudsonville, Michigan 49426, for supplyir the City (Division of Palice ) with three (3) Moving/Stationary Radar Units, Decatur MV 715, for the net price of $3585.00 ($3885.00 less trade-in of $300.00), the same having been in fact the lowest bid received which meets specifica- tions; and the bids of Kustom Signals, Inc. and C.M.I., Incorporated, are hereby rejected for the reasons indicated in the aforesaid communication. 16389 A roll call vote was taken on the foregoing resolution with the following result AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Raymond, it was #5500-77 RESOLVED, that having considered a communication from. the Michigan Liquor Control Commission, dated March 18, 1977, and the report and recommendation of the Chief of Police, dated May 14, 1977, in connec- tion therewith, the Council does hereby approve of the request from Anthony E. and Gerald E. Semaan to transfer ownership of 1976-77 SDM License from George Petrus Faranso located at 291+21 W. Six Mile Road, Livonia, Michigan (Mid-Six Market); and the City Clerk is hereby request- ed 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: Bishop, Nash, Brown, Raymond and McCann. NAYS. None. By Councilman Raymond, seconded by Councilman Nash, it was #501-77 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated May 10, 1977, with regard to an application from Attorney James J. Rossi of Suite 1+10, 21+700 North- western Hwy., Southfield, Michigan, on behalf of Maya Enterprises, Inc. for a new full year Class C license to be located at 33605 Plymouth Road, Livonia, Michigan, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration, along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result. AYES• Bishop, Nash, Raymond and McCann. NAYS: Brown. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #502-77 RESOLVED, that having considered a communication dated May 9, 1977, which bears the signatures of certain persons who purport to be the property owners of the north portion of Floral that is privately owned, and wherein a request is made to have Floral dedicated to the City of Livonia and thereafter paved with the southern portion of Floral, the Council does hereby determine to refer this item to the City Engin- eer for his report and recommendation. 16390 By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was x#503-77 RESOLVED, that having considered a communication dated May 9, 1977, which purports to bear the signatures of certain property owners on Floral north of Joy, and wherein a request is made that the said street be repaved, the Council does hereby determine to refer this item to the City Engineer for his report and recommendation. By Councilman Nash, seconded by Councilman Brown, it was 4504-77 WHEREAS, the City of Livonia has issued its Water Supply System- Series "D" Revenue Bonds, due serially 1960/1986 - date of issue 1960; and WHEREAS, State of Michigan Public Act No. 354 of the Public Acts of 1972, as amended, provides for the replacement or payment without presentation of lost, destroyed or wrongfully taken bonds or other evidences of indebtedness issued by public corporations; and WHEREAS, the City Clerk has been advised by The Chase Manhattan Bank, N.A., New York, New York, that the interest on the above bond issue due March 1, 1975 for Bonds Nos. 570 to 574, inclusive, each in the amount of Twenty-Two dollars fifty cents ($22.50) and aggregating One Hundred Twelve Dollars and Fifty Cents ($112.50) have been lost or destroyed in error, and WHEREAS, subject to the provisions of this resolution the City Council deems it advisable and necessary to make provisions for the pay- ment of said Coupons; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Clerk shall provide for the payment of said interest coupons without the surrender thereof and without issuing dupli- cate interest coupons to The Chase Manhattan Bank, said payment of to be made only, however from funds in the Bond Redemption Fund Account, established for this purpose. 2. The said interest coupons shall not be paid until there shall have been provided proof of ownership and proof of loss of said coupons satisfactory to the City Clerk, the City Attorney, a lost security bond or other bond of indemnity indemnifying the City of Livonia and The Detroit Bank & Trust Co. against any loss that may be occasioned from the payment of said coupons. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result• AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. 16391 By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #505-77 RESOLVED, that having considered a communication from the City Clerk, dated May 13, 1977, which transmits the certified financial statements of the general and other funds of the City of Livonia for the fiscal year ended November 30, 1976, except the funds of the Water and Sewer Division, as examined and prepared by Plante & Moran, Certified Public Accountants, together with a copy of the Public Accountants Management Report of Comments and Recommendations relative to their audit, dated May 9, 1977, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. The communication dated May 5, 1977 from William Schwarts of Essex Land Company with respect to the possible purchase of certain City-owned property on Broadmoor, was received and filed for information of the Council. By Councilman Raymond, seconded by Councilman Nash, it was #506-77 RESOLVED, that having considered a communication from the Department of Assessment, dated April 28, 1977, approved for submission by the Mayor, with regard to a request from Alex Papke, 29520 Greenland, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed Division of Tax Item No. 46 053 02 0318 001 (14b318a) would not be contrary to the spirit and purpose of the aforesaid ordi- nance and does, accordingly, approve of dividing the same into two par- cels, the legal descriptions of which shall read as follows. Parcel A The west 70 feet of the south 200 feet of Lot 318, Supervisor's Livonia Plat No. 4, as recorded in Liber 66, Page 20, Wayne County Records. and Parcel B The east 70 feet of the south 200 feet of Lot 318, Supervisor's Livonia Flat No. 4, as recorded in Liber 66, Page 20, Wayne County Records. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. 16392 By Councilman Raymond, seconded by Councilman Brown, it was #507-77 RESOLVED, that having considered a communication from the Department of Assessment, dated May 11, 1977, approved for submission by the Mayor Pro Tem, with regard to a request from Michael Schwartz, United Homes, 24801 Five Mile Road, Detroit, Michigan 48239, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division and combination of Tax Item No. 46 033 01 0198 000 (09a197, 198 and 199) would not be contrary to the spirit and purpose of the aforesaid ordi- nance and does, accordingly, approve of dividing and combining of the same into two parcels, the legal descriptions of which shall read as follows: Parcel A Lot 197 and the south 25 ft. of Lot 198 and 1/2 of the adjoining vacated alley of Seven Mile Super Highway Subdivision, being a subdivision of part of the Northeast 1/4 of Section 9, T. 1 S., R. 9 E., Livonia Twp. (now City of Livonia), Wayne County, Michigan, according to the plat thereof as recorded in Liber 53 of Plats, on Page 50, of Wayne County Records. and Parcel B Lot 199 and the north 25 ft. of Lot 198 and 1/2 of the adjoining vacated alley of Seven Mile Super Highway Subdivision, being a subdivision of part of the Northeast 1/4 of Section 9, T. 1 S., R. 9 E. , Livonia Twp. (now City of Livonia), Wayne County, Michigan, according to the plat thereof as recorded in Liber. 53 of Plats, on Page 50, of Wayne County Records. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #508-77 RESOLVED, that having considered a communication from the Department of Assessment, dated May 12, 1977, approved for submission by the Mayor, with regard to a request from James Reardon, Summit Realty, 27520 Five Mile Road, Livonia, Michigan 48154, as agent for owner, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning 16393 Ordinance, as amended, the Council does hereby find that the proposed Division and Combination of Tax Item No. 01d510, 511, 512 would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing and combining of the same into two parcels, the legal descriptions of which shall read as follows: Parcel A Lot 510 and the N. 10' of Lot 511, Argonne Subdivision, as recorded in Liber 40, Page 5 of Plats, Wayne County Records. (City of Livonia) and Parcel B The South 30' of Lot 511 and Lot 512, Argonne Subdivision, as recorded in Liber 40, Page 5 of Plats, Wayne County Records. (City of Livonia) as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was #509-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 5, 1977, approved by the Director of Public Works and approved for submission by the Mayor Pro Tem, with regard to the Schanhite's Marquette Manor Subdivision Special Assessment Road Improvement Project located in the S. E. 1/4 of Section 25 in the City of Livonia, Wayne County, Michigan, and Special Assessment District No. 164 in connection therewith, and in view of the fact that based upon bid prices received it appears that the actual cost of this project will be substantially less than the cost previously estimated, the Council does hereby determine to amend and revise Council Resolution 307-77 adopted April 6, 1977 so as to establish that the special assessments against lots or parcels of land located in Special Assessment District No. 164 shall be in the amount of $185,325.76 (5•".)(a reduction to $14.40 per front foot for front streets plus side streets), with the City's share to be in the amount of $7,050.94 for City owned property and $57,713.01 (15%), and Community Development Funds to be used for this project in the amount of $134,663.69 (35%), and the City Assessor and the City Treasurer are hereby requested to do all things necessary to revise the roll of Special Assessment District No. 164 to reflect the new special assessment rate herein authorized, as well as to do all things as may be necessary or incidental to the full performance of this resolu- tion. 16394 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Raymond, it was 4510-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 25, 1977, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the Argonne Street Paving Program and Special Assessment District No. 154 in connection therewith, the Council does hereby determine to amend and revise Council Resolution 542-76 adopted on June 23, 1976, and as sub- sequently amended by Council Resolution 1025-76 adopted on November 23, 1976, Council Resolution 124-77 adopted on February 2, 1977, and Council Resolution 360-77 adopted on April 6, 1977 so as to revise the assessable footage with respect to the following lots based upon actual measured frontage, in the following manner: Measured Frontage Lot (Amended Assessable Footage) 365 50.92 366 52.2 452 52.1 453 52.66 504 52.85 the action herein being taken for the reasons indicated in the aforesaid communication; and the City Clerk, City Assessor and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, it was 4511-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 12, 1977, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to accept the bid offer of Detroit Concrete Products Corporation, 44300 Grand River, Novi, Michigan 48050, for the moving and disposing of two (2) used 10,000 gallon Asphalt Storage Tanks, including concrete piers, piping, valves, motors, etc. , located in the City of Livonia DPW yard, for the price of $1.00, subject to the said company providing insurance as required in the proposal form, the same having been in fact the highest and only offer to purchase received with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. 16395 By Councilman Brown, seconded by Councilman Raymond, it was #512-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 2, 1977, approved by the Director of Public Works and approved for submission by the Mayor Pro Tem, the Council does hereby authorize the release to Ager Building Company, 27620 Farmington Road, Farmington, Michigan, the proprietor of St. Mary Estates Subdivision, situated in the S. E. 1/4 of Section 20, of the Cash Escrow monies relating to the placement of Survey Monuments and Markers in the subject subdivision in the amount of $1650.00 deposited with the City in accordance with Council Resolution 314-74 adopted on April 24, 1974, and as thereafter subsequently amended by Council Resolu- tion 764-74 adopted on October 9, 1974 and Council Resolution 940-74 adopted on December. 18, 1974; and further, the Financial Assurances now on deposit with the City with regard to Sidewalk improvements shall re- main the same and unchanged, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer that said survey monuments and markers have been satisfactorily installed in. accordance with the rules and regulations and ordinances of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Nash, it was #513-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 20, 1977, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to authorize the installation of crosswalks at the intersectioh of Hix and Five Mile Roads in the manner shown on the sketch attached to the aforesaid communication as part of the proposed 1977 Sidewalk and Drive Approach Program, and for this purpose the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $275.00 from the 9.8 Million Dollar General Obligation Road Improvement Bond Issue. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was 16396 #514-77 RESOLVED, that having considered a communication from the Depart- ment of Law, dated May 6, 1977, approved for submission by the Mayor Pro Tem, with regard to a proposed constitutional challenge to federal unemployment compensation taxes on cities, counties and states, the Council does hereby determine to refer this item to the Legislative Com- mittee for its report and recommendation. By Councilman Nash, seconded by Councilman Bishop, it was 515-77 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Fblice, dated May 9, 1977, which bears the signature of the Director of Finance and is approved for submission by the Mayor Pro Tem, with regard to the use of the police training facility (weapons range) located at the City's reclamation land disposal site in Section 27 by the Michigan State Police, F. B. I. and local police agencies for range training purposes, the Council does hereby determine to authorize the use of the said facility in the manner indicated, with the exception however that the fees to be charged in this regard shall be at the rate of $25.00 per hour, and that such fees as are collected shall be deposited in the City's General Fund. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was 4516-77 RESOLVED, that having considered a communication from the Executive Director of the Housing Commission, dated April 29, 1977, which bears the signature of the Finance Director and is approved by the Mayor Pro Tem, and wherein a request is made for approval of payment for expenses incurred by the Ad Hoc Committee in connection with the Senior Citizens Housing Project (Silver Village), which purports to be a final accounting and which is in the amount of $760.22, 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: Bishop, Nash, Brown and Raymond. NAYS; McCann. The President declared the resolution adopted. The communication from the Inspection Bureau, dated May 2, 1977 with regard to the status of the Farkville Nursery Situation (CR-343-77) was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Bishop, it was 16351 #517-77 RESOLVED, that having considered a communication from the CETA Program Administrator, dated May 2, 1977, approved by the Finance Director and approved for submission by the Mayor, to which is attached a Preapplication for Federal Assistance under CETA Title III for 1977 Summer Programs, the Council does hereby authorize the said Preapplica- tion in the manner and form indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS. None. By Councilman Brown, seconded by Councilman Nash, and unanimously adopted, it was #518-77 RESOLVED, that having considered a letter from Stephen Wilson, 16520 Surrey, Livonia, Michigan 48154, dated May 3, 1977, with regard to an application for a property rehabilitation grant under the Community Development Program (Case No. 77-28), which application was previously disapproved by the Council in Council Resolution 329-77 adopted on April 6, 1977, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. By Councilman Nash, seconded by Councilman Bishop, it was #519-77 RESOLVED, that having considered a communication from the Community Development Coordinator, dated May 2, 1977, approved for sub- mission by the Mayor Pro Tem, with regard to four emergency grant applications which have been recommended for approval by the Rehabilita- tion Loan and Grant Committee, the Council does hereby determine as follows• To approve the Emergency Grant Applications in the following cases: Case 77-48 - 15172 Arden - estimated cost of repairs $4,364.00, and Case 77-49 - 12441 Camden - estimated cost of repairs $7500.00, and Case 77-42 - 28919 Terrence - estimated cost of repairs $1815.00. A roll call vote was taken on the foregoing resolution with the following result. AYES. Bishop, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Brown, and unanimously adopted, it was 16398 #520-77 RESOLVED, that having considered a communication from the Community Development Coordinator, dated May 2, 1977, approved for sub- mission by the Mayor Pro Tem, with regard to an Emergency Grant Applica- tion which has been recommended for approval by the Rehabilitation Loan and Grant Committee, the Council does hereby determine, with respect to Case 77-50 (15475 Green Lane) to refer the same to the Committee of the Whole for further consideration. By Councilman Nash, seconded by Councilman Raymond, it was #5521-77 RESOLVED, that having considered a communication from the Director of Finance, dated May 17, 1977, approved for submission by the Mayor, to which is attached a communication from R. L. Jones & Associates, Inc. , dated May 12, 1977, analyzing increases in insurance costs for the period December 1, 1975 through December 1, 1976, and December 1, 1976 through December 1, 1977, the Council does hereby deter- mine to appropriate the sum of $46,452.00 from the Unexpended Fund Balance Account to be transferred to Account 101-925-918 (Insurance), 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: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, it was #522-77 RESOLVED, that having considered a communication from the City Planning Commission, dated May 18, 19?7, which transmits its resolution 5-109-77 adopted on May 17, 1977, with regard to Petition 77-3-8-6 submitted by Jude T. Fusco Associates, Inc., requesting site plan approval in connection with a proposal to construct an eight-story building on property located on the south side of St. Martins Avenue, east of Parlingbrook in the S. E. 1/4 of Section 2, pursuant to the pro- visions set forth in Section 29.02 of Ordinance No. 543, as amended, the Council does hereby determine to concur in the recommendation of the Planning Commission and Petition 77-3-8-6 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES• Bishop, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #523-77 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Ford Motor Company covering new industrial facilities to be located within City of Livonia Industrial Development District No. 1; 16399 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows: 1. The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriv- ing property taxes from the property which will be affected, as required by Act 198, P. A. 1974, as amended. 2. The City Clerk shall contact each of the affected taxing units and, (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, June 13, 1977, at 7:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. 3. The Council hereby sets Monday, June 13, 1977, at 7.00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, as the date, time and place for conducting a hearing on this said Application. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Nash, it was #524-77 RESOLVED, that having considered a communication dated February 28, 1977 from the City Planning Commission which sets forth its resolution 2-29-77 with regard to Petition 76-12-1-47 submitted by Jerry J. Rozema, Cardinal West, Inc. , for a change of zoning on property located on the vest side of Hubbard, south of Five Mile Road in the Northwest 1/4 of Section 22, from R-7 to P, and the Council having conducted a public hearing with regard to this matter on May 9, 1977, pursuant to Council Resolution 286-77, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 76-12-1-47 is hereby denied for the following reasons. 1. The proposed change of zoning would be detrimental to the adjoining residential property to the south. 2. The proposed change of zoning would detract from the continued use and enjoyment of the adjoining residential property. A roll call vote was taken on the foregoing resolution with the following result: AYES Bishop, Nash, Brown, Raymond and McCann. NAYS: None. 16400 By Councilman Bishop, seconded by Councilman Raymond, and unanimously adopted, it was #525-77 RESOLVED, that having considered Petition 77-5-3-4 submitted. by Raymond H. Pietryka, 30521 W. Seven Mile lbad, Livonia, Michigan 48152, and Terrance L. Carriere, 19041 Hillcrest, Livonia, Michigan 48152, dated April 25, 1977, wherein a request is made for vacating a certain 20' wide alley which abuts Lots 6 through 11 and Lot 344 in the Beverly Gardens Subdivision in Section 11, the Council does hereby determine to refer the same to the City Planning Commission for action and recom- mendation in accordance with provisions of Law and City Charter. By Councilman Brown, seconded by Councilman Bishop, it was #526-77 RESOLVED that, Koppy-Densmore Builders, 33463 Seven Mile Road, Livonia, Michigan 48152, as proprietors, having requested that the City Council approve the proposed preliminary plat of the following subdivi- sion. Tanglewood Subdivision, situated in the S. E. 1/4 of Section 20, City of Livonia, the said proposed preliminary plat being dated January 7, 1977; and it further appearing that tentative approval of such prelimin- ary plat was given by the City Planning Commission, after due notice and a public hearing on March 8, 1977, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated L. May 16, 1977; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions. (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 9, Chapter 1 of the Livonia Code of Ordi- nances, as amended, the Subdivision Regulations of the Planning Commis- sion; the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such department, all such improvements to be construted, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 9-122 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans; 16401 (5) The following Cash Payments be made to the City. A. Trees $ 2,850.00 B. Street Name Signs 100.00 C. Traffic Control Signs 300.00 D. Street Light Notification Signs 100.00 E. Engineering Services (General Improvement & Sidewalks) 1. Plan Review & Administration (1-1/2%) $2,022.98 2. Field Inspection (3-1/25) 4,740.00 6,743.26 F. Engineering Service (Grading & Soil Erosion Control) 1. Plan Review 50.00 2. Permit and Inspection 250.00 300.00 TOTAL CASH PAYMENTS $10,393.26 (6) That the final true record plat of the aforesaid subdivi- sion shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdi- vision 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 Subdivi- sion 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 elects to deposit such financial assurances the same shall be in the following amounts General Improvement Bond - $138,000.00, of which at least 10,000.00 shall be in cash. Sidewalk Bond - 10,500.00, of which at least 2,100.00 shall be in cash. Grading and Soil Erosion Control Bond 3,000.00, of which at least 500.00 shall be in cash. Monuments and Lot Markers - 1,080.00 cash. 16402 (9) That the distribution lines for telephones and electric L service are to be placed underground and ornamental street lights are to be provided throughout the subdivision, in accordance with City ordi- nances; further, the Council authorizes the construction of 31-foot wide deep-strength asphalt pavements with concrete curbs and gutters in lieu of concrete pavement as required under the Plat Ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Nash, Brown, Raymond and McCann. NAYS: None. The petition from residents, dated April 22, 1977, stating their opposition to rezoning certain property in Section 4, was received and filed for the information of the Council. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 11.02 OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY AMENDING SUBSECTION (e) THEREOF. L (Petition No. 76-8-6-9) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE. PETITION NO. 76-4-1-11 FOR CHANGE OF ZONING FROM RUF TO R-2. 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. LThe foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. *Councilman Bennett arrived at 9.00 p. m. 16+03 Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 31 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION THERETO. RE- PETITION NO. 76-12-1-+$FOR CHANGE OF ZONING FROM R-1 TO C-2. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Nash gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 77-2-3-1) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Raymond gave first reading to the following Ordinance. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 77-2-3-2) 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 Bishop, seconded by Councilman Nash, and unanimously adopted, it was L #527-77 RESOLVED, that having considered a petition from certain residents on Cardwell Avenue between Joy Road and West Chicago, dated May 2, 1977, wherein it is indicated that they are interested in a permanent street improvement, the Council does hereby determine to refer the same to the City Engineer for his report and recommendation. 16404 By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #528-77 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Brown, seconded by Councilman Nash, and unanimously adopted, it was #529-77 RESOLVED, that having considered letters dated May 10, 1977 and May 17, 1977 from Mrs. Terry 'Lilley, 11327 Auburndale, Livonia, Michigan 48150, requesting permission to close Auburndale between Plymouth Road and Elmira on Saturday, June 18, 1977 from 4:00 P. M. to 11:00 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 by the Police Department. By Councilman Bishop, seconded by Councilman Bennett, it was #530-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 18, 1977, which bears the signature of the Finance Director, is approved by the Director of Public Works and the Chairman of the Water and Sewer Board, and is approved for submission by the Mayor, the Council does hereby determine to amend and revise Council Resolution 51-77 adopted on January 19, 1977 to the extent necessary so as to include within the bid proposal of Boam Company, 20523 Merriman Road, Livonia, Michigan, as an additional item in connection with the Argonne Subdivision Street Improvement Project (Contract No. 77-A), the removal of six (6) existing gate boxes and the construction of six (6) new gate wells on the City's Water System in the Argonne Subdivision for the amount of $5250.00 ($875.00 per unit), the Council having determined to authorize said contract without competitive bidding for the reasons indicated in the aforesaid communication and said action being taken in accordance with the provisions set forth in Section 2-213 (d)(5) of the Livonia Code of Ordinances, as amended; and the Council does hereby appropriate the sum of $5250.00 from surplus funds of the Water Depart- ment to cover the cost herein involved, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES:; Bishop, Nash, Bennett, Brown, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #531-77 RESOLVED, that having considered a letter dated May 24, 1977 from Sharon Craig, 31161 Westfield, Livonia, Michigan 48150, and Edward Rapin, 31120 Westfield, Livonia, Michigan 48150, requesting to close 16405 Westfield between Merriman and. Sunset from 8:00 p. m. on Friday, June 17, 1977 to 1:00 a.m. on Saturday, June 18, 1977, for the purpose of holding a graduation party, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval by the Police Department. A roll, call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Bennett, Nash, Raymond .and McCann. NAYS: Brown. The President declared the resolution adopted. On motion of Councilman Nash, seconded by Councilman Brown, and unanimously adopted, this 859th regular meeting of the Council of the City of Livonia, was duly adjourned at 9:25 P. M., May 25, 1977. ADDISON W(BON, ITY CLERK.