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HomeMy WebLinkAboutCOUNCIL MINUTES 1977-06-29 16452 MINUTES OF THE EIGHT HUNDRED AND SIXTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On Jurie 29, 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 8.15 P. M. . Councilman Nash 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; Frances S. Stem, Acting Deputy City Clerk, Jack Dodge, Director of Finance; Ronald Mardiros, City Assessor; G. E. Siemert, City Engineer, Stanley Bien, Chief Librarian, John Nagy, City Planner• Robert Turner, Felice Chief; Chella Lewis, Civil Service Department, Jerome W. Zimmer, Planning Com- 110 mission; and Michael Reiser of the Water and Sewer Board. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #604-77 RESOLVED, that the minutes of the 860th regular meeting of the Council of the City of Livonia, held June 15, 1977, are hereby approved. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #605-77 RESOLVED, that having considered a petition received from residents of the Cherokee Trail Subdivision, with respect to S.A.D. Roll No. 171, confirmed on June 15, 1977, for the installation of five (5) street lights in said subdivision, the Council does hereby determine to refer the same to the next Study Session to be conducted on July 5, 1977, further, the City Treasurer, City Assessor, City Engineer and all other interested City Departments are hereby requested to proceed no further with S.A.D. No 171 at this time. Councilman Ventura, took from the table, for second reading and adoption, the following Ordinance 16453 AN ORDINANCE AMENDING TITLE 5, CHAPTER I (STREETS AND SIDEWALKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTION 5-103 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Nash, Brown, Ventura, Raymond, Bishop, Bennett and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING TITLE 5, CHAPTER 3 (TREES, SHRUBS AND PLANTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTIONS 5-302 AND 5-304 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Nash, Brown, Ventura, Raymond, Bishop, Bennett and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted and would became effective on publication. By Councilman McCann, seconded by Councilman Bennett, it was 0606-77 RESOLVED, that having considered a communication from the Director of Finance, dated May 27, 1977, 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, effective May 23, 1977 for the unit price of 35.15¢/Gallon said price being made in accordance with Federal Government Regulations; further, the Council does hereby determine to authorize said purchase 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 Ordi- nances, as amended; and all prior resolutions in conflict herewith are hereby repealed, amended, or revised to the extent necessary to be consistent with the action taken herein. 16454 A roll call vote was taken on the foregoing resolution with the following result IMF AYES Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS• None By Councilman Bennett, seconded by Councilman Nash, it was #607-77 RESOLVED, that having considered the report and recommendation of the Chief of Police and the Director of Public Safety-Police, dated June 2, 1977, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby deter- mine to accept the bid of Motorola, Incorporated, 25901 W. Ten Mile Road, Southfield, Michigan 48034, for supplying the City (Police Division) with twelve (12) portable Police Radios, twelve (12) additional Nicad Batteries and Rapid Charger Units for the price of $9,848.00, the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, it was #608-77 RESOLVED, that having considered a communication from the Mayor, dated June 6, 1977, wherein the status of the Senior Citizens Nutrition Program tentatively scheduled to start on July 18, 1977 is summarized, the Council does hereby appropriate the sum of $10,000.00 from the Unexpended Fund Balance Account in order to implement the program in the manner detailed. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #609-77 RESOLVED, that having considered a communication from the Livonia Arts Commission, dated May 26, 1977, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $2000.00 from the Postage Account (No. 101-739-730) to the Promotional Account (No. 101-739- 882.010) further, the Council does hereby authorize the transfer of the sum of $60.00 from the Postage Account (No. 101-739-730) to the Dues and Subscriptions Account (No. 101-739-958), the action herein being taken for the reasons and purposes indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. 16455 By Councilman Ventura, seconded by Councilman Brown, it was 1610-77 RESOLVED, that having considered a communication from the Board of Trustees, dated June 7, 1977, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby appropriate the sum of $250.00 from the Unexpended Fund Balance Account to be transferred to Account No 101-246-864-010-000, Travel and Educa- tion, in order that members of the Board may attend the Fall Conference of the Michigan Association of Public Employees Retirement Systems in Traverse City A roll call vote was taken on the foregoing resolution with the following result- AYES. Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Raymond, it was #611-77 RESOLVED, that having considered a communication from the Chief Librarian, dated May 13, 1977, approved for submission by the Mayor, and which transmits Resolution No. 12-77 adopted by the Library Commis- sion wherein a request is made for an additional appropriation in the amount of $27,275.00 in order to provide supplemental book funding for the balance of the fiscal year, the Council does hereby determine to appropriate the sum of $27,275.00 from the Unexpended Fund Balance Account to be transferred to the Books and Periodicals Account (No. 101- 738-978) for this purpose. A roll call vote was taken on the foregoing resolution with the following result• AYES• Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication dated October 25, 1976 from the City Planning Commission which sets forth its resolution 10-193-76 with regard to Petition 76-8-1-30 submitted by Eugene Pulice for a change of zoning on property located on the west side of Mayfield, north of Five Mile Road, in the Southwest 1/4 of Section 15, from R-1 to P, and the Council having conducted a public hearing with regard to this matter on January 3, 1977, pursuant to Council Resolution 960-76, the Council does hereby determine to defer action with respect to Petition 76-8-1-30 pending submission by the Petitioner of a Site Plan for the overall development of the property involved (Lots 94 - 99, Brightmoor Home Acres Subdivision) to the City Planning Commission and thereafter to the City Council for its consider- ation. By Councilman Bishop, seconded by Councilman Bennett, it was RESOLVED, that the Council does hereby determine, in lieu of the foregoing resolution, to substitute a motion so as to approve the rezoning with respect to Petition No. 76-8-1-30. 16456 A roll call vote was taken on the resolution to substitute with the following result: LAYES: Raymond, Bishop, Bennett and McCann. NAYS: Nash, Brown and Ventura. The President declared the motion to substitute, adopted. A roll call vote was taken on the resolution, as substituted• #612-77 RESOLVED, that having considered a communication dated October 25, 1976 from the City Planning Commission which sets forth its resolu- tion 10-193-76 with regard to Petition 76-8-1-30 submitted by Eugene Police for a change of zoning on property located on the west side of Mayfield, north of Five Mile Road, in the Southwest 1/4 of Section 15, from R-1 to P, and the Council having conducted a public hearing with regard to this matter on January 3, 1977, pursuant to Council resolution 960-76, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 76-8-1-30 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 requested to prepare an ordinance amending Ordinance No. 543, in accordance with this resolu- tion. Lwith the following result.. AYES: Raymond, Bishop, Bennett and McCann. NAYS. Nash, Brown and Ventura. The President declared the motion as substituted,adopted. By Councilman Ventura, seconded by Councilman Bishop, it was ##613-77 RESOLVED, that having considered a communication dated June 2, 1977 from the City Planning Commission which transmits its resolution 5-98-77 adopted on May 17, 1977, with regard to Petition 77-4-2-6 submit- ted by Henry Sonagere requesting waiver use approval to construct an addition to an existing veterinary hospital located on the east side of Levan Road between Five Mile and Schoolcraft Roads in the Northeast 1/4 of Section 20, the Council does hereby determine to concur in the recom- mendation made by the City Planning Commission and Petition 77-4-2-6 is hereby approved and granted, such approval to be based upon the same conditions as 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• Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. L NAYS: None. 16457 By Councilman Ventura, seconded by Councilman Raymond, it was 4614-77 RESOLVED, that having considered a communication from the City Planning Commission, dated June 3, 1977, which transmits its resolution 5-107-77 adopted on May 17, 1977, with regard to Petition 73-11-8-49 (revised), submitted by the Second Livonia Corporation requesting site plan approval in connection with a proposal to remodel existing building (addition of new building deleted) in the existing shopping center located on the northeast corner of Middlebelt and Plymouth Roads in Section 25, pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby determine to con- cur in the recommendation of the Planning Commission and Petition No. 73-11-8-49(revised) is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recom- mendation of the Planning Commission and compliance with Site Man 45477. A roll call vote was taken on the foregoing resolution with the following result- AYES Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS- None. By Councilman Bishop, seconded by Councilman Raymond, it was 4615-77 RESOLVED, that having considered a communication from the City Planning Commission, dated June 3, 1977, which transmits its resolution 5-110-77 adopted on May 17, 1977, with regard to Petition 77-4-8-8 submitted by the Felician Sisters, O.S.F., requesting site plan approval in connection with a proposal to construct a chapel addition to St. Mary Hospital located on the south side of Five Mile Road, west of Levan Road, in the Northwest 1/4 of Section 20, pursuant to the provisions set forth in Section 26.01 of Ordinance No. 543, as amended, the Council does hereby determine to concur in the recommendation of the Planning Commission and Petition 77-4-8-8 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- Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. The communication from the Planning Commission, dated May 31, 1977, in response to CR-852-76, with respect to the possible vacating or sale of City-owned property located adjacent to Lots 25 through 31 of Fairway Farms Subdivision, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Bishop, it was 16458 #616-77 RESOLVED, that having considered a communication from the Mayor, dated June 6, 1977, the Council does hereby approve of and concur in the appointment of Robert L. Morrow, 16725 Pollyanna, Livonia, Michigan 48154, to the City manning Commission for a term which will expire on June 9, 1980, provided that Mr. Morrow takes the Oath of Office as required in Section 3, Chapter X of the City Charter, to be administered by the City Clerk. A roll call vote was taken on the foregoing resolution with the following result: AYES Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #617-77 WHEREAS, by resolution adopted March 11, 1967, CR-284-67, as amended, City Council did authorize issuance and sale of City of Livonia, Michigan, Industrial Development Revenue Bonds (Allied Supermarkets, Inc. ) Series A, in the amount of Thirty-Three Million ($33,000,000.00) Dollars, and WHEREAS, by resolution adopted by the City Council on June 28, 1967, No. 696-67, the City Council did approve and authorize the execu- tion of a certain mortgage and indenture of trust to secure said bonds, and lho WHEREAS, said bonds have been issued, sold and delivered to the purchaser thereof; and WHEREAS, Section 209 of said mortgage and indenture of trust provides as follows. "Section 209. Mutilated, Lost, Stolen or Destroyed Bonds or Coupons. In the event any Bond is mutilated, lost, stolen or destroyed, the City may execute and the Trustee may authenticate a new bond of like date, number, maturity and denomination as that mutilated, lost, stolen or destroyed, which new bond shall have attached hereto coupons corresponding in all respect to those (if any) on the Bond mutilated, lost,stolen or destroyed; provided that, in the case of any mutilated Bond,such mutilated Bond,together with all coupons (if any) appertaining thereto shall first be surrendered to the City, and in the case of any lost, stolen or destroyed Bond, there shall be first furnished to the City and the Trustee evidence of such loss, theft, or destruction satisfactory to the City and the Trustee,together with indemnity satisfactory to them. In the event any such Bond or coupon shall have matured, instead of issuing a dupli- cate Bond or coupon the City may pay the same without surrender. thereof. The City and the Trustee may charge the holder or owner of such Bond with their reasonable fees and expenses in this connection. The foregoing provisions shall be exclusive, notwithstanding any law or statute existing or hereinafter enacted to the contrary. " , and 16459 WHEREAS, the City Clerk has been advised Chase Manhattan Bank, N.A., One Chase Manhattan Place, New York, New York, reports that the interest coupons on the above bond issue due October 1, 1975 for Bonds numbered 4987 thru 4989, 4034 and 4045 inclusive, each of said coupons being in the amount of One Hundred Fifty ($150.00) Dollars and the aggregate of said coupons being in the amount of Seven Hundred Fifty ($750.00) Dollars, that they believe, after thorough search, said Coupons to have been lost or destroyed in error, and which coupons have never arrived at the Bradford Trust Company, the Thying Agent, for payment,and WHEREAS, the City is authorized to make payment for said lost interest coupons under Section 209 of the mortgage and indenture of trust; 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 as authorized by the aforesaid mortgage and identure of trust; NOW, THEREFORE, BE IT RESOLVED THAT- 1. The City Clerk is hereby authorized and directed for and on behalf of the City of Livonia to make the necessary arrangements with Bradford Trust Company, New York, New York, for the payment of and to pay said interest coupons without the surrender thereof and without issuing duplicate interest coupons to The Chase Manhattan Bank, N.A., New York, New York, said payment to be made only, however, from funds in the Bond Fund established pursuant to the aforesaid mortgage and indenture of trust and subject to Paragraph 2 of this resolution. 2. The said interest coupons shall not be paid as required b3 Paragraph 1 of this resolution unless and until (a) the Chase Manhattan Bank, N.A., New York, New York, provides evidence of loss of said coupons satisfactory to the City Clerk, the City Attorney, Miller, Canfield, Paddock and Stone, counsel for Allied Supermarkets, Inc., and the trustee, Bradford Trust Company, and (b) Chase Manhattan Bank, N.A., New York, New York, provides a lost security bond or other indemnity satisfactory in form, amount and substance to the City Clerk, the City Attorney, Miller, Canfield, Paddock and Stone, counsel for Allied Supermarkets,Inc., and the trustee, Bradford Trust Company, to fully protect the City, the Trustee and Allied Supermarkets, Inc., against any loss that may be occasioned to any or all of them from the payment of said interest 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: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. The following preamble and resolution were offered by Councilman Raymond and supported by Councilman Ventura• 1646o #618-77 WHEREAS, the City Council does hereby determine that it is necessary to acquire and construct the major and local street improve- ments in the City described in Exhibit A attached hereto and hereby made a part hereof; and WHEREAS, the cost of said highway improvements is estimated to be Five Million Seventy-Five Thousand Eight Hundred ($5,075,800.00) Dollars; and WHEREAS, to finance a part of the cost of said highway improve- ments the City Council deems it necessary at this time to borrow the sum of One Million EightyFive Thousand ($1,085,000.00) Dollars, and issue bonds therefor as authorized by the provisions of Act 175, Public Acts of Michigan, 1952, as amended, the balance of the cost to be defrayed from federal funds, county road funds, city special assessment funds and other city funds on hand; and WHEREAS, said highway improvements are in accordance with the purposes enumerated in Act 51, Public Acts of Michigan, 1951, and WHEREAS, the revenues received by the City of Livonia from the Motor Vehicle Highway Fund pursuant to Act 51, Public Acts of Michigan, 1951, as amended, in the year preceding this contemplated borrowing are more than sufficient to comply with all the requirements specified in Section 4 of Act 175, Public Acts of Michigan, 1952, as amended; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The plans and estimates of cost of said highway improvements as briefly set forth in Exhibit A hereto are hereby approved and adopted. 2. The period of usefulness of said highway improvements is estimated to be not less than twenty (2 0)years. 3. The City Council of the City of Livonia hereby determines to borrow the sum of One Million Eighty-Five Thousand ($1,085,000.00) Dollars and issue bonds of the City therefor pursuant to the provisions of Act 175, Public Acts of Michigan, 1952, as amended, for the purpose of providing funds to pay part of the cost of highway improvements, as set forth in Exhibit A hereto. 4. Said bonds shall be designated 1977 MOTOR VEHICLE HIGHWAY FUND BONDS and shall consist of two hundred seventeen (217) bonds of the denomination of $5,000.00 each, numbered consecutively in direct order of maturity from 1 to 217, inclusive, dated as of August 1, 1977 and payable serially, as follows: $ 35,000 July 1, 1978, 50,000 July 1st of each year from 1979 to 1982, inclusive; 75,000 July 1st of each year from 1983 to 1988, inclusive, 100,000 July 1st of each year from 1989 to 1992, inclusive. 16461 Said bonds shall bear interest at a rate or rates not exceeding eight par cent (p,) per annum, payable on January 1, 1978, and semi-annually there- after on July 1st and January 1st of each year. Both principal and interest shall be payable at a bank or trust company qualified to act as paying agent to be designated by the original purchaser of the bonds, with the approval of the City Clerk. Bonds maturing in the years 1978 to 1987, inclusive, shall not be subject to redemption prior to maturity. Bonds maturing in the years 1988 to 1992, inclusive, shall be subject to redemption prior to maturity, in inverse numerical order, at the option of the City, on any interest payment date on or after July 1, 1987, at par and accrued interest to the date fixed for redemption, plus a premium (expressed in a percentage of par) on each bond so redeemed prior to maturity, in accordance with the following schedule: 3% on each bond redeemed prior to July 1, 1989; 2% on each bond redeemed on or after July 1, 1989, but prior to maturity. Thirty days notice of the call of any bonds for redemption shall be given by publication in a paper circulated in the State of Michigan which carries as part of its regular service, notices of sale of municipal bonds, and in case of registered bonds, thirty days notice shall be given by mail to the registered holder at the registered address. Bonds so called for redemp- tion shall not bear interest after the date fixed for redemption, provided funds are on hand with the paying agent to redeem said bonds. Said bonds may be registered as to principal only, in the manner and with the effect set forth on the face thereof, as hereinafter provided 5. For the purpose of providing moneys to pay the principal of and interest on the bonds herein authorized, and in accordance with the provisions of Act 175, Public Acts of Michigan, 1952, as amended, there iE hereby made an irrevocable appropriation of the amount necessary to pay the principal of and interest on the bonds herein authorized from the moneys to be derived from State-collected taxes returned to the City of Livonia for highway purposes pursuant to law, and the Treasurer of the City of Livonia is hereby directed, during each year that any of the principal of and interest on the indebtedness herein authorized remains outstanding and unpaid, to set aside in a separate depositary account, to be designated 1977 MOTOR VEHICLE HIGHWAY FUND BOND DEBT RETIREMENT FUND, sufficient moneys from revenues received during each year from the Motor Vehicle Highway Fund pursuant to law to pay the principal of and interest on the installment of such indebtedness next maturing. 6. Pursuant to the authorization of Act 175, Public Acts of Michigan, 1952, as amended, and as additional security for the prompt payment of the principal of and interest on the bonds herein authorized, there is hereby irrevocably pledged the full faith and credit of the City of Livonia and in the event of deficiency of funds primarily pledged to the payment thereof, the City covenants and agrees to levy the taxes necessary to provide such deficiency, which taxes are not subject to limitation as to rate or amount. 16462 7. The bonds shall be signed by the Mayor and countersigned by the City Clerk and City Treasurer and the corporate seal of the City shall be affixed thereto, and the interest coupons annexed to said bonds shall bear the facsimile signatures of the Mayor and City Treasurer. The bonds, when executed, shall be delivered to the Treasurer and be delivered by him to the purchaser thereof on payment of the purchase price, in accordance with the bid therefor, when accepted. 8. The bonds and the attached coupons shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA 1977 MOTOR VEHICLE HIGHWAY FUND BOND No. $5,000.00 KNOW ALL MEN BY THESE PRESENTS that the CITY OF LIVONIA, County of Wayne, State of Michigan, for value received hereby promises to pay to the bearer, or, if registered, to the registered holder hereof the sum of FIVE THOUSAND DOLLARS on the first day of July, A.D. , 19 , with interest thereon from the date hereof until paid at the rate of per cent ( %) per annum, payable on January 1, 1978, and semi-annually thereafter on the first day of July and January of each year, upon presentation and surrender of the proper interest coupons hereto annexed as they severally become due. Both principal of and interest on this bond are payable in lawful money of the United States of America; at the principal office of , and for the prompt payment of this bond, both principal and interest, the full faith, credit and resources of the City of Livonia are hereby irrevocably pledged. This bond is one of a series of two hundred seventeen (217) bonds of even date and like tenor, except as to rate of interest and date of maturity, aggregating the principal sum of $1,085,000, numbered consec- utively in direct order of maturity from 1 to 217, inclusive, issued for the purpose of defraying the City's share of the cost of major and local street improvements in the City of Livonia, in accordance with resolution duly and regularly adopted by the City Council pursuant to the provisions of Act 175, Public Acts of Michigan, 1952, as amended. Bonds maturing in the years 1978 to 1987, inclusive, shall not be subject to redemption prior to maturity. Bonds maturing in the years 1988 to 1992, inclusive, shall be subject to redemption prior to maturity, in inverse numerical order, at the option of the City, on any interest payment date on or after July 1, 1987, at par and accrued interest to the date fixed for redemption, plus 16+63 a premium (expressed in a percentage of par) on each bond so redeemed prior to maturity, in accordance with the following schedule: 3% on each bond redeemed prior to July 1, 1989; 2% on each bond redeemed on or after July 1, 1989, but prior to maturity. Thirty days notice of the call of any bonds for redemption shall be given by publication in a paper circulated in the State of Michigan which carries as part of its regular service, notices of sale of municipal bonds, and in case of registered bonds, thirty days notice shall be given by mril to the registered holder at the registered address. Bonds so called for redemp- tion shall not bear interest after the date fixed for redemption, provided funds are on hand with the paying agent to redeem said bonds. This bond and the interest thereon are payable from the proceeds of State-collected taxes returned to the City of Livonia for highway purposes pursuant to law, or in case of insufficiency of said funds out of the general funds of the City of Livonia, and the resolution authorizing the issuance and sale of said bonds contains an irrevocable appropriation of the amount necessary to pay the principal of and interest on this bond and the series of bonds of which this is one from moneys derived from such State-collected taxes so returned to the City of Livonia for highway purposes which have not been heretofore specifically allocated and pledged for the payment of indebtedness. This bond may be registered as to principal only on the books of the paying agent in the name of the holder and said registration noted on the back hereof by said paying agent, after which no transfer shall be valid unless made on the books and noted hereon in like manner, but transferability by delivery may be restored by registration to bearer. Such registration shall not affect the negotiability of the interest coupons. It is hereby certified and recited that all acts, conditions and things required to be done, exist and happen, precedent to and in the issuance of said series of bonds of which this is one, in order to make them valid and binding obligations of said City, have been done, exist and have happened in regular and due form and time as required by law, and that the total indebtedness of said City, including the series of bonds of which this is one, does not exceed any constitutional, charter or statutory limitation. IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of Michigan, by its City Council, has caused this bond to be signed in the name of said City by its Mayor and to be countersigned by its City Clerk and City Treasurer and its corporate seal to be hereunto affixed, and has caused the annexed interest coupons to be executed with the facsimile signatures of its Mayor and City Treasurer, all as of the first day of August A.D., 1977. CITY OF LIVONIA By Mayor (seal) LCountersigned: City Clerk City Treasurer (Form of Coupon) No. $ On the first day of , A. D. , 19 , the City of Livonia, County of Wayne, State of Michigan, hereby promises to pay to the bearer hereof, the sum shown hereon at the principal office of , being the interest due that date on its 1977 Motor Vehicle Highway Fund Bond, dated August 1, 1977, No. . Mayor L1 1 City Treasurer REGISTRATION NOTHING TO BE WRITTEN HEREON EXCEPT BY THE PAYING AGENT Date of Re:istration Name of Re•istered Owner Re:istrar 9. The City Clerk shall make application to the Municipal Finance Commission for an order granting permission for the issuance of said bonds and approval of the form of notice of sale, and upon receipt of such approval, the City Clerk shall cause notice of sale of said bonds to be published in the Bond Buyer, New York, New York, and the Observer- Eccentric, a newspaper of general circulation in the City of Livonia, L fixing the date of sale for a regular or special meeting of the City Council occurring at least seven (7) full days after the date of such publication. 10. The notice of sale of said bonds shall be in the following form, subject to any changes that may be required therein by the Municipal Finance Commission: 16465 OFFICIAL NOTICE OF SALE $1,085,000.00 CITY OF LIVONIA COUNTY OF WAYNE, STATE OF MICHIGAN 1977 MOTOR VEHICLE HIGHWAY FUND BONDS SEALED BIDS for the purchase of the above bonds will be received by the undersigned at the City Hall located at 33001 Five Mile Road, Livonia, Michigan 48154, on , the day of , 1977, until o'clock .m. , Eastern Time, at which time and place said bids will be publicly opened and read. BOND DETAILS: Said bonds will be coupon bonds, registrable as to principal only, of the denomination of $5,000 each, dated August 1, 1977, numbered in direct order of maturity from 1 upwards and will bear interest from their date payable on January 1, 1978, and semi-annually thereafter. Said bonds will mature on the 1st day of July, as follows: $ 35,000 1978; $ 50,0001979 to 1982, inclusive; $ 75,000 1983 to 1988, inclusive; $ 100,000 1989 to 1992, inclusive. PRIOR REDEMPTION: Bonds maturing in the years 1978 to 1987, inclusive shall not be subject to redemption prior to maturity. Bonds maturing in the years 1988 to 1992, inclusive, shall be subject to redemption prior to maturity, in inverse numerical order, at the option of the City, on any interest payment date on or after July 1, 1987, at par and accrued interest to the date fixed for redemption, plus a premium (expressed in a percentage of par) on each bond so redeemed prior to maturity, in accordance with the following schedule: 3% on each bond redeemed prior to July 1, 1989; 2% on each bond redeemed on or after July 1, 1989, but prior to maturity. Thirty days notice of the call of any bonds for redemption shall be given by publication in a paper circulated in the State of Michigan which carries as part of its regular service, notices of sale of municipal bonds, and in case of registered bonds, thirty days notice shall be given by mail to the registered holder at the registered address. Bonds so called for redemp- tion shall not bear interest after the date fixed for redemption, provided funds are on hand with the paying agent to redeem said bonds. INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest at a rate or rates not exceeding 8% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8 or 1/20 of 1%, or both. The interest on any one bond shall be at one rate only; all bonds maturing in any one year must carry the same interest rate and each coupon period shRil be represented by one interest coupon. The difference between the highest and lowest interest rate on the bonds shall not exceed two (2%) per cent per annum. 16+66 No proposal for the purchase of less than all of the bonds or at a price less than 100% of their par value will be considered. PAYING AGENT: Both principal and interest shall be payable at a bank or trust company located in Michigan qualified to act as paying agent under State or United States law, to be designated by the original purchaser of the bonds, who may also designate a co-paying agent, which may be located outside of Michigan, qualified to act as paying agent under the law of the State in which located or of the United States, both of which shall be subject to approval of the undersigned. PURPOSE AND SECURITY: The bonds are to be issued pursuant to the provi- sions of Act 175, Public Acts of Michigan, 1952, as amended, for the pur- pose of defraying part of the cost of constructing major and local street improvements in the City of Livonia, and are issued in anticipation of Motor Vehicle Highway Fund payments from the State of Michigan to be received by the City. The bonds will pledge the full faith and credit of the City of Livonia as additional security for payment of the principal and interest thereon. The rights or remedies of bondholders may be affected by bankruptcy laws or other creditor's rights legislation now existing or hereafter enacted. GOOD FAITH. A certified or cashier's check in the amount of $21,700.00, drawn upon an incorporated bank or trust company and payable to the order of the Treasurer of the City must accompany each bid as a guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails to take up and pay for the bonds. No interest shall be allowed on the good faith checks and checks of the unsuccessful bidders will be promptly returned to each bidder's represent- ative or by registered mail. AWARD OF BONDS' The bonds will be awarded to the bidder whose bid produces the lowest interest cost computed by determining, at the rate or rates specified in the bid, the total dollar value of all interest on the bonds from , 19 to their maturity and deducting therefrom any premium. LEGAL OPINION: Bids shall be conditioned upon the unqualified approving opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, a copy of which opinion will be printed on the reverse side of each bond and the original of which will be furnished without expense to the purchaser of the bonds at the delivery thereof. The fees of Miller, Canfield, Paddock and Stone for services rendered inconnection with such approving opinion are expected to be paid from bond proceeds. Miller, Canfield, Paddock and Stone has not been requested to examine or review and has not examined or reviewed any financial documents, statements or materials that have been or may be furnished in connection with the authorization, issuance or marketing of the bonds, and accordingly will not express any opinion with respect to the accuracy or completeness of any such financial documents, statements or materials. DELIVERY OF BONDS: The City will furnish bonds ready for execution at its expense. Bonds will be delivered without expense to the purchaser at Chicago, Illinois, New York, New York, or Detroit, Michigan. The usual closing documents, including a certificate that no litigation is pending affecting the issuance of the bonds, will be delivered at the time of the delivery of the bonds. If the bonds are not tendered for delivery by twelve 16467 o'clock noon, Eastern Time, on the 45th day following the date of sale, or the first business day thereafter if said 45th day is not a business day, the successful bidder may on that day, or any time thereafter until delivery of the bonds, withdraw his proposal by serving notice of cancellation, in writing, on the undersigned in which event the City shall promptly return the good faith deposit. Payment for the bonds shall be made in Federal Reserve Funds. Accrued interest to the date of delivery of the bonds shall be paid by the purchaser at the time of delivery. CUSIP NUMBERS: CUSIP numbers will be applied for at the issuer's expense. Improper imprintation of or failure to imprint CUSIP numbers shall not constitute grounds for refusal to receive delivery of the bonds. THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS. ENVELOPES containing the bids should be plainly marked "Proposal for Motor Vehicle Highway Fund Bonds". Clerk, City of Livonia, Michigan APPROVED: STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION 11. A copy of this resolution shall be published in the Observer-Eccentric, Livonia, Michigan, once before this resolution becomes effective. 12. 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: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Nash, and unanimously .dopted, it was #E619-77 RESOLVED, that having considered a communication from Frank S Doria, 14415 Summerside Court, Livonia, Michigan 48154, dated June 8, 1977, with regard to a drainage problem on his property, the Council does hereby determine to refer the same to the City Engineer for his report and recommendation. By Councilman Bishop, seconded by Councilman Raymond, and unanimously 4opted, it was 16468 #620-77 RESOLVED, that having considered a communication from certain residents in the Denmar Estates Subdivision, received by the City Clerk on June 14, 1977, with regard to the problems incurred by certain property owners as a result of the paved portion of Livonia Drain No. 38 (Denmar Drain), the Council does hereby refer the same to the Engineering Division, Police Division and the Department of Law for their reports and recommendations. By Councilman Bennett, seconded by Councilman Bishop, it was #621-77 RESOLVED, that having considered a communication from the Rosedale Civic Association, dated June 6, 1977, wherein a request is made for sufficient funds to restore the large eastern entry pillar at Berwick and Plymouth Road, the Council does hereby determine to refer this item to the Water Department for the purpose of doing all things necessary in order to implement this request by the restoration of the said pillar at a location approximately five feet east of the edge of Berwick, it being the understanding of the Council that the materials required for this purpose have been retained by the Water Department,and that the labor involved will be performed by a contractor to be employed by the Rosedale Gardens Civic Association, and the Council does hereby appro- priate and authorize the expenditure of the sum of $1500.00 from Unexpend- ed Funds of the Water Department for the purpose of reimbursing the Rosedale Gardens Civic Association for such monies as may be expended by them in connection with this project; and the City Clerk and City 'Measurer 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: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Bishop, it was #622-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 26, 1977, which bears the signature of the Finance Director, is approved by the Director of Public Works and the President of the Historical Commission, and is approved for submission by the Mayor, and having also considered a communication dated June 2, 1977 from the President of the Historical Commission, approved by the Mayor and the Finance Director, the Council does hereby determine to accept the following bids in connection with the construction of one basement at Greenmead and the moving of one building (Kingsley House) to Greenmead: a. Basement Construction -- Peter A. Basile Sons, Inc. P.O. Box 2666, Livonia, Michigan 48151 -- total bid in the amount of $12,172.00 (Contract 77-H); and b. Moving of Building -- Nor-West Bldg. Movers, Inc., 32575 Folssom Rd. , Farmington Hills, Michigan -- total bid in the amount of $10,400.00 (Contract 77-I), 16469 the foregoing bids having been in fact the lowest bids received for these items; and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as performed; and the Mayor and City Clerk are hereby authorized to execute contracts for and on behalf of the City of Livonia with the aforesaid bidders and to do all other things necessary or incidental to the full performance of this resolu- tion, further, the Council does hereby authorize the transfer of the sum of $6422.00 to the Historical Restoration Account No. 101-737-976-120-000 from the following accounts in the following amounts: a) $1,922 from General Revenues (Previously deposited therein by donation of Mrs Allen and from garage sale revenue), b) $3000 from Account No. 101-737-702.000.000; and c) $1500 from Account No. 101-737-918-000.000. A :col) call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS None. The following resolution was unanimously introduced, supported and adopted #623-77 RESOLVED, that having considered a letter from Frances Kempfer, 11+466 Riverside Drive, Livonia, Michigan 48154, received by the Office of the City Clerk on June 13, 1977, requesting permission to close Perth Avenue at both of its entrances to Riverside Drive from 5:00 P.M, on July 23, 1977 to 1:00 A.M. on July 24, 1977 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, it was #624-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 3, 1977, approved by the Director of Public Works and approved for submission by -the Mayor, with regard to Schanhite's Marquette Manor Subdivision Street Improvement Project and S.A.D 164 in connection therewith, the Council does hereby determine to amend and revise Council Resolution 307-77 adopted on April 6, 1977 to the extent necessary in order to provide that with respect to Lots 28, 29, 30 and 31 that they be combined into one assessable parcel of property and assessed for 100°% of sideage on Cardwell Avenue, thereby providing a total overall assessment of $800.00 with respect to said property in lieu of the prior assessment of $1000.00; further, the estimated City's share of this project shall be increased in the amount of $200.00, the same to be expended from Motor Vehicle Highway Fund Receipts(Local Roads); and the 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: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. 16470 By Councilman Brown, seconded by Councilman Raymond, it was #625-77 RESOLVED, that having considered the report and recommendation of the Mayor, Director of Public Works, Finance Director and Public Utility Manager, dated June 2, 1977, the Council does hereby authorize the rental of a sewer cleaning machine,siRBle-axle Vactor Model 810, from Jack Doheny Supplies, Inc. , 777 Silver Spring Court, Northville, Michigan 48167, for the price of $3750.00 per month, the estimated rental period having a duration of ninety (90) days, with said rental to cease upon either repair or replacement of Vehicle No. 368, further, the Council does hereby determine to authorize the said rental without competitive bidding for the reasons indicated in the aforesaid communica- tion, and such action is taken in accordance with the provisions set forth in Section 2-213(d), (1), (4) and (5) of the Livonia Code of Ordinances, as amended. A r)11 call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS. None. The following motion was unanimously introduced, supported and adopted. 4626-77 RESOLVED, that having considered a communication from the Livonia Ecology Commission, dated May 27, 1977, approved for submission by the Mayor, to which is attached certain material setting forth an explanation of the Ecology Commission Tree Planting Project, the Council does hereby take this means to indicate that it approves in concept the said Tree Planting Project. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was Lb27-77 RESOLVED, that the Council does hereby request that the Director of Public Works submit his report and recommendation regarding the trees which have died on the south side of Plymouth Road, between Merriman and Hubbard Roads, further, the Council requests the Director of Public Works submit a report regarding the lack of landscaping (at least by City) of the boulevard located at the Southeast corner of Plymouth and Middlebelt Roads. By Councilman Nash, seconded by Councilman Bennett, it was 0628-77 RESOLVED, that having considered a communication from the Personnel Director, dated May 23, 1977, approved by the Finance Director and approved for submission by the Mayor, and which transmits a resolu- tion adopted by the Civil Service Commission on May 3, 1977 wherein it is recommended that a new classification of Property Appraiser in the Office of the Assessor be established with the following salary range. Step 1 Min. Step 2 Step 3 Step 4 Step 5 . $12,500.00 $14,164.80 $14,809.60 $15,412.80 $16,016.00 16471 The Council does hereby determine to concur in and approve of such action; further, the Council does hereby appropriate the sum of $3125.00 from the Unexpended Fund balance Account to be transferred to Account No. 101-202-712-051 for this purpose. A roll call vote was taken on the foregoing resolution with the following result- AYES: Nash, Brawn, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was a communication 4629-?7 RESOLVED, that having considered/from the CETA Program Administrator, dated May 26, 1977, approved by the Finance Director and approved for submission by the Mayor, to which is attached Grand Modifi- cation 005 to CETA Title II, the Council does hereby authorize the said modification in the manner and form indicated in the aforesaid communica- tion. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Nash, seconded byCouncilman Bishop, it was #630-77 RESOLVED, that having considered a communication from the CETA Program Administrator, dated May 26, 1977, approved by the Finance Director and approved for submission by the Mayor, to which is attached Grant Modification 012 to CETA Title VI, the Council does hereby authorize the said modification in the manner and form indicated in the aforesaid communication. A. .:oil call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Bishop, it was #631-77 RESOLVED, that having considered a communication from the CETA Program Administrator, dated June 20, 1977, approved by the Finance Director and approved for submission by the Mayor, the Council does here- by determine to authorize, commencing immediately, CETA Title VI Projects with the following agencies, in the amounts indicated on the attached list, pending completion of Subgrant Contracts which will be submitted to Council for approval at a later date Livonia Public Schools Chamber of Commerce Madonna College Clarenceville Schools Industry/Education Council. 16472 A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was 0632-77 RESOLVED, that having considered a communication from the Department of Law, dated June 20, 1977, submitted pursuant to Council Resolution 490-76, and which transmits a proposed new Franchise Agree- ment with the Detroit Edison Company, the Council does hereby determine to refer the same to the Legislative Committee for its report and recom- mendation. By Councilman Nash, seconded by Councilman Bishop, it was #633-77 RESOLVED that, Martinuzzi Construction Company, 24202 Tamarack Cr., Southfield, Michigan, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdi- vision: Ron-Mar Estates Subdivision, situated in the North 1/2 of Section 19, City of Livonia, the said proposed preliminary plat being dated July 5, 1977; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on November 9, 1976; 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 March 24, 1977, therefore, the City Council does hereby approve of the said prelininary 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 B.iblic Works and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended; (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 9-122 of the said Subdivision Control Ordinance, as amended 16473 (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans; (5) That the following Cash Payments be made to the City. A.Trees $ 1,475.00 B.Street Name Signs 100.00 C.Traffic Control Signs 500.00 D.Street Light Notification Signs 100.00 E.Engineering Services (General Improvement & Sidewalks) 1. Plan Review & Administration (1-1/2%) $1,403.70 2. Field Inspection(3-1/2%) 32275.30 4,679.00 F. Engineering Service (Grading and Soil ErosioD.)Control) 1. Plan Review 30.00 2. Permit and Inspection 150.00 180.00 TOTAL CASH PAYMENTS $7,034.00 (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 subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other require- ments 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 grad- ing 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 - $96,500.00, of which at least 9,600.00 shall be in cash Sidewalk Bond - 6,500.00, of which at least 1,300.00 shall be in cash 16474 Grading & Soil Erosion Control Bond (Ord. #1187) $1,800.00, of which at least 500.00 shall be in cash Monuments and Markers - 1,075.00 in cash (9) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the subdivision, in accordance with City ordinances; 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: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Nash, it was #634-77 RESOLVED, that the Council having met as a Committee of the Whole on June 15, 1977 with regard to all Class "C" License requests pending in the Committee, does hereby determine that the following named applicants for full-year Class "C" Liquor Licenses shall be removed from the list of Applicants currently on file with the City of Livonia, and the same are hereby denied, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Liquor Control Com- mission, Department of Commerce, State of Michigan, Lansing, Michigan. a) Theodore DeNapoli 29600 Maclntyre Livonia, Mi 48150 b) William DeBose 8949 Brentwood Livonia, Mi 48150 c) Alex J George 15630 Oak Drive Livonia, Mi 48154 d) Stanley & Gladys Hayes 15205 Middlebelt at 5 Mile Livonia, Mi 48154 e) Qemal Maksout 20237 Schoenherr Rd. Detroit, Mi 48205 f) Samuel A. Moses 6429 Steadman Dearborn, Mi 48126 g) Edna & Elmer Olson 20314 Farmington Rd. Livonia, Mi 48152 16475 h) George Parsons 15500 Auburndale Livonia, Mi 48154 i) Larry Sheehan 45748 Clement Ct. Northville, Mi 48167 j ) Messrs. George Klein & Jack Shenkman Livonia Mall Shopping Center 29514 Seven Mile Road. Livonia, Mi 48152 k) Leon Siegel 24245 Pierce Avenue Southfield, Mi 48075 1) Julius Spoon Spoon Builders, Inc. 19771 James Couzens Hwy Detroit, Mi 48235. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Bishop, Bennett and. McCann. NAYS Ventura. The President declared the resolution adopted By Councilman Ventura, seconded by Councilman Nash, it was #635-77 WHEREAS, pursuant to due and proper notice published and, mailed to all property owners in Special Assessment District No. 175, more particularly described in Council Resolution 80-77 adopted on January 19, 1977, as required by the provisions of the City Charter and. Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in SheffieLdEstates Subdivision in said Special Assessment District No. 175, NOW, THEREFORE, BE IT RESOLVED, that the said. Council does hereby determine that said street lights shall be installed with ornamental poles and underground wiring and that the assessments set forth in said Special Assessment District No 175 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No. 175 based on instalJation of ornamental poles and underground wiring is hereby approved and confirmed inaall respects, pursuant to the provisions of Section 2-513 of the Livonia Code tiro of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the Assessment Roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to trans- mit the proper streetlighting order to the Detroit Edison Company on forms provided by them for this purpose. 16476 A roll call vote was taken on the foregoing resolution with the following result AYES. Nash, Brown, Raymond, Ventura, Bishop and McCann. NAYS• Bennett. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bennett, it was p636-77 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 176, more particularly described in Council Resolution 274-77 adopted on March 16, 1977, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basisof one (1) 175-watt mercury-vapor light on an existing wood pole located at the southeast corner of the intersection of Furlingbrook and Fairfax, in said Special Assessment District No. 176, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street light shall be installed on an exist- ing wood pole and that the assessments set forth in said Special Assess- L ment District No. 176 Roll are fair and equitable and based upon bene- fits derived in said district; in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No. 176 based on the installation of one (1) 175-watt mercury-vapor light on an existing wood pole is hereby approved and confirmed in all respects, pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the Assessment Roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #637-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated April 4, 1977, and in accordance with the provi- sions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed improvement of Brentwood Avenue, south of Seven Mile Road, City of Livonia 16477 Wayne County, Michigan, with a 31-foot wide full-depth asphalt pavement with concrete curbs and gutters, and a public hearing having been held thereon on June 13, 1977 pursuant to Council Resolution 434-77, after due notice as required by Title 2, Chapter 5 of said Code, as amended, and a careful consideration having been given to.all such matters including the various objections, comments and observations of indivi- duals in attendance at such public hearing, and in view of the apparent difficulty in satisfactorily apportioning the benefits and cost of such contemplated improvement to the satisfaction of the majority of the property owners that would have been affected thereby, the Council does hereby determine to proceed no further with the proposed special assess- ment proceedings heretofore commenced for the proposed street improve- ment of Brentwood Avenue, south of Seven Mile Road, City of Livonia, Wayne County, Michigan; further, the City Clerk is hereby requested to notify the original petitioners for this improvement or their representa- tives of this determination. By Councilman Bennett, seconded by Councilman Ventura, it was 1638-77 RESOLVED, that having considered a communication dated April 14, 1977 from the City Planning Commission which sets forth its resolution 4-69-77 with regard to Petition 76-4-1-17 (rehearing) submitted by the City Planning Commission for a change of zoning on property located on the south side of Six Mile Road between Merriman and Middlebelt Roads in the Northwest 1/4 of Section 14, from C-1 to RUF, and the Council having conducted a public hearing with regard to this matter on June 13, 1977, pursuant to Council Resolution 481-77, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 76-4-1-17 (rehearing) is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publi- cation 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 requested 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 Nash, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: *Brown. The President declared the resolution adopted *Councilman Brown made the following statement: My 'no' vote is cast because I believe that we should defer action on this petition until such time as we have before us the pending petition, which is now in the Planning Commission, so that we could make a decision on the whole package at the same time. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was 16478 #639-77 RESOLVED, that having considered a communication dated April 14, 1977, from the City Planning Commission which sets forth its resolution 4-70-77 with regard to Petition 77-3-6-4 submitted by the City Planning Commission to amend Ordinance No. 543, the Zoning Ordinance of the City of Livonia, Section 2.06, Definitions Pertaining to Lots and Areas, by revising the definition of "Lot, " and the Council having conducted a public hearing with regard to this matter on June 13, 1977, pursuant to Council Resolution 481-77, the Council does hereby determine to refer this item to the Legislative Committee for its report and recommendation. The following motion was unanimously introduced, supported and adopted. #{640-?7 RESOLVED, that having considered a letter from the Coventry Gardens Improvement Association, dated June 11, 1977, requesting permis- sion to block off. Rayburn at Farmington Road Myrna at Farmington Road Rayburn at Stamford Edington at Rayburn on Saturday, July 30, 1977, from 11:00 a.m. to 10:00 p.m. , for the pur- pose of conducting an annual subdivision picnic, the Council does hereby determine to grant permission as requested, including therein permission to conduct the said affair on Sunday, July 31, 1977, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department The following motion was unanimously introduced, supported and adopted• #641-77 RESOLVED, that having considered a letter received in the Office of the City Clerk on June 16, 1977, from Nancy Tarbet, 14652 Fair- way Drive, Livonia, Michigan 48154, requesting permission to close Fairway Drive from Lyndon to Meadowbrook from 2.00 p. m. to 12:00 mid- night on August 6, 1977 for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, including therein permission to conduct the said affair on August 13, 1977, in the event of inclement weather, the action taken herein being subject to the approval of the Police Department. By Councilman Bishop, seconded by Councilman Bennett, it was #642-77 RESOLVED, that having considered a communication from the Com- munity Development Coordinator, dated May 25, 1977, with regard to a prior communication from the Community Development Coordinator, dated May 22, 1977, approved for submission by the Mayor, with regard to an emergency grant application which has been recommended for approval by the Rehabilitation Loan and Grant Committee, with respect to Case 77-50, 15475 Green Lane, the Council does hereby determine to deny the said application. A roll call vote was taken on the foregoing resolution with the following result AYES• Brown, Ventura, Bishop, Bennett, Nash and McCann. NAYS• *Raymond. The President declared the resolution adopted. 16479 *Councilman Raymond made the following statement My 'no' vote is cast Lbecause this is a questionable one - I would prefer to vote in error of aid than vote against aid when needed. By Councilman Brown, seconded by Councilman Nash, it was 4643-77 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 revise its prior decision with respect to Case No. 77-28 and to approve an Emergency Grant Applica- tion in the estimated amount of $2,690.00, said action of approval being made subject to receipt of an inspection report on the furnace. A roll call vote was taken on the foregoing resolution with the following result: AYES• Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS• Bishop. The President declared the resolution adopted. The communication dated June 3, 1977, from William N. Fonder, Attorney, L with respect future funding for the Livonia Arts Commission in the forthcoming budget year, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Raymond, it was 4644-77 RESOLVED, that having considered a communication from the Historical Commission, dated May 31, 1977, approved for submission by the Mayor, to which is attached a tabulation of admission receipts in the amount of $67.10 (deposited in trust fund), monetary contributions in the amount of $1402 02, and various items donated to the City of Livonia as received by the Livonia Historical Commission since January 1, 1977, the Council does hereby determine determine to accept the fore- going in the manner described. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bennett, Bishop and McCann. NAYS• ate. The President declared the resolution adopted. LBy Councilman Ventura, seconded by Councilman Brown, it was 1648o #645-77 RESOLVED, that having considered a communication from the Department of Law dated June 9, 1977, submitted pursuant to Council resolution No. 333-77, which transmits for Council acceptance a Warranty Deed dated June 8, 1977 executed by Floyd A. Balman and Edith M. Balman, his wife, conveying to the City certain property which is more particu- larly described as: The north 43 feet of the following described parcel 01AA63 to AA66 -- That part of the N. W 1/4 of the S.E. 1/4 of Section 1 described as beginning at the intersection of Angling Road and the E and W. 1/4 of Section 1 and proceeding thence S. 18° 57' 05" E along said center line 679.20 feet thence E. 155.13 feet thence N. 1° 42' 41" E. 658 feet to the E and W. 1/4 line of Section 1 thence S. 88° 13' 13" W. 359.32 feet to the POB. 3 81 ac. (Pembroke Ave. right-of-way) the Council does hereby determine for and in behalf of the City of Livonia to accept the Warranty Deed and the City Clerk is hereby request- ed to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES• Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #646-77 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIII of Ordinance No 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, August 22, 1977, at 8 oo P. M at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items• (1) Petition 77-4-1-9, submitted by Philip and Maria Pisto for a change of zoning of property located on the south side of Eight Mile Road, west of Farmington Road, in the Northeast 1/4 of Section 4, from RUF to C-2, the City Planning Commission having in its resolu- tion 5-99-77 recommended to the City Council that Petition ?7-4-1-9 be denied; 1648a (2) Petition 77-4-1-11, submitted by Robert J. Gagliardi for a change of zoning of property located on the south- east corner of Merriman and Schoolcraft Roads in the Northwest 1/4 of Section 26, from M-1 to P. , the City Planning Commission having in its resolution 5-101-77 recommended to the City Council that Petition 77-4-1-11 be approved- further, the City Clerk is hereby requested, to no less than fifteen (15) days prior to the aforesaid date of said public hearing,cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance , and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the fu11 performance of this resolution By Councilman Bishop, seconded by Councilman Bennett, it was #647-77 RESOLVED, that having considered a communication dated March 21, 1977 from the City Planning Commission which sets forth its resolution 3-50-77 with regard to Petition 77-1-1-1 submitted by Donnell P. O'Ca]laghan, Attorney for purr Land Company, for a change of zoning on property located on the east side of Newburgh Road between Amrhein and. Plymouth Roads in the Southwest 1/4 of Section 29, from RUF to M-1, and. the Council having conducted a public hearing with regard to this matter on June 13, 1977, pursuant to Council Resolution 439-77, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 77-1-1-1 is hereby approved and granted; and the City Plan- ner 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 Depart- ment of Law is requested 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• Nash, Raymond, Ventura, Bishop and Bennett. NAYS: Brown and McCann. The Presidentdeclered the resolution adopted. 16482 By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was 4648-77 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. Councilman Ventura gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 16.11 OF ARTICLE XVI OF THE CITY OF LIVONIA ZONING ORDINANCE, AS AMENDED, ORDINANCE NO. 543. (Petition No. 77-2-6-2) By Councilman Bennett, seconded by Councilman Brown, it wes 4649-77 RESOLVED, that having considered a communication from the Department of Law dated June 22, 1977, and submitted pursuant to Council Resolution No. 603-77, and which submits a proposed amendment to the Zoning Ordinance so as to require a minimum of four acres rather than. five acres of land area for retail sales of new furniture as accessory uses to warehouse structures in M-1 zoning districts, and which amendment was given its first reading on June 29, 1977, by Councilman Ventura, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. L A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: Bishop. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Raymond, it was 4650-77 RESOLVED, that having considered the report and recommendation dated June 17, 1977 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Item No. (8) of Council Resolution No. 141-77 adopted on February 16, 1977, so as to reduce the Financial Assurances naw on deposit with the City for General Improvement in Tiffany Square Subdivision located in the N. E. 1/4 of Section 8, to $45,375.00 of which at least $10,000.00 shall be in cash, to cover the cost of remaining improvements in said subdivision, and the Financial.. Assurances now on deposit with the City, if any, shall be reduced accordingly, further, all other Financial Assurances now on deposit with the City, including those for Sidewalk improvements, shall remain the same and unchanged, and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES. Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS. None. 16483 The following motion was unanimously introduced, supported and adopted #651-77 RESOLVED, that having considered a letter received in the Office of the City Clerk on June 27, 1977 from the Idyle Hills Civic Association, requesting permission to block off parts of Edgewood Drive and Gary Lane, as shown on the attached map, on Monday, July 4, 1977, from 2.00 p. m. to 7 00 p m , for the purpose of conducting a block party (subdivision picnic), the Council does hereby determine to grant permission as requested, the action herein taken being made subject to approval of the Fblice Department. The following motion was unanimously introduced, supported and adopted. #652-77 RESOLVED, that having considered a communication dated June 24, 1977, from Blue Grass Farms Civic Association requesting permission to block off the following intersections. Nola Circle at Hix Road, and Hix Road, north of Lancaster, on Monday, July 4, 1977, from 9 30 a.m. to 12 30 p. m. , for the purpose of conducting a bike parade, the Council does hereby determine to ?rant permission as requested, the action taken herein being made subject to approval of the Police Department. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #653-77 RESOLVED, that with regard to the matter of employing the services of an Architect in order to complete and renovate the newly acquired Department of Public Works building, located on Surrey at Graytona, the Council does hereby request that the Mayor appoint a committee, to be composed of staff personnel, in order to interview and screen Architects, and thereafter submit a report and recommendation to the Capital Improvement Committee, which recommendation shall include the names of three (3) architects or architectural firms. On motion of Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, this 861st regular meeting of the Council of the City of Livonia, was duly adjourned at 9 55 P. M., June 29, 1977 n ADDiSON(w. ..CON, CITY CLERK.