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Home My WebLink AboutCOUNCIL MINUTES 1976-09-15 15809 MINUTES OF THE EIGHT HUNDRED AND FORTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 15, 1976, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8.05 P.M. . Councilman Bishop delivered the invocation. Roll was called with the following result Present--Robert E. McCann, Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Robert R. Bishop , Jerry Raymond and Robert D. Bennett. Absent--None. Elected and appointed officials present Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney, Jack Dodge, Director of Finance, Edward G. Milligan, Director of Public Safety-Felice, Robert Turner, Police Chief, Robert E. Osborn, Director of Public Works, G. E. Siemert, City Engineer, John Nagy, City Planner, Theodor Krauss, Assistant Personnel Director, Ronald Reinke, Assistant Superintendent Lof Parks and Recreation, Russell Gronevelt, Superintendent of Operations, and William P. Scruggs of the City Planning Commission. By Councilman Ventura, seconded by Councilman Bishop, and *unanimously adopted, it was #719-76 RESOLVED, that the minutes of the 841st regular meeting of the Council of the City of Livonia, held August 25, 1976, are hereby approved. *Councilman Bennett abstained from voting, which is recorded as a "yes" vote under the provisions of Section 2-119 of the Livonia Code of Ordinances, as amended. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was 4/20-76 RESOLVED, that the Council having previously acknowledged receipt of the proposed annual Budgets of the City of Livonia for the fiscal year commencing December 1, 1976, as prepared by the Mayor and filed by the Mayor with the City Clerk on September 15, 1976, does hereby determine to set a public hearing thereon to be held on Monday, October 25, 1976 at 7.30 P. M. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, in accordance with the provisions of Chapter VII of the City Charter, and the City Clerk shall give notice of such public hearing in accordance and pursuant to provisions of the City Charter. 15810 The communication from the Department of Law, dated August 27, 1976, Lwith regard to Circuit Court Civil Action 4.74-007993-CZ (General Motors Corporation vs City of Livonia, et al), was received and filed, for the information of the Council. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #721-76 RESOLVED, that having considered the communication from the Director of Finance, dated August 27, 1976, with regard to annual reports received from General Depositories as well as Collection Agents for Taxes and Water Bills, in response to Council Resolution No. 51-75, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. The quarterly reports for the City of Livonia CETA Grants covering the period July 1, 1975 to March 31, 1976, involving Title I, II and VI, transmitted by the CETA Program Administrator, were received and filed for the information of the L Council. Councilman Brown took from the table for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING PARAGRAPH (k) OF SECTION 9-116 OF CHAPTER I OF TITLE 9 (KNOWN AND CITED AS THE "FLAT ORDINANCE") OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. A roll call vote was taken on the foregoing Ordinance with the following result AY7S. Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS. None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Bishop, seconded by Councilman Brown, it was #722-76 RESOLVED, that having considered a communication from the Director L of Finance, dated August 19, 1976, approved for submission by the Mayor, the Council does hereby determine that effective August 4, 1976 the City 15811 shall purchase Diesel Fuel from Standard Oil at the Unit Price of 38.10 per 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 provisions set forth in Section 2-213(d)(5) of the Livonia Code of Ordi- nances; 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, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, it was #723-76 RESOLVED, that having considered a communication from the Superin- tendent of Parks and Recreation, dated August 13, 1976, approved by the Director of Finance and approved for submission by the Mayor, wherein it is requested that Diamond No. 1 at Ford Athletic Field be improved as follows 1) Remove the existing backstop, and construct a new backstop - 20' to the rear of existing one. 2) New backstop would be 20' in width, 18' in height, including 20' wings and overhang. 3) Erect a 6' fence from the backstop to the lighted poles beyond first and third base. 4) Move the 4' fence back in line with the 6' fence and backstop. 5) Retie and repair the existing fence in the outfield. the estimated cost of which is $6,000, and which communication also requests that the additional bleachers be purchased for Diamond No. 1 at Ford Field, the estimated cost of which is $3,000, the Council does hereby determine to approve of and concur in the same and for this purpose appropriates and authorizes an expenditure not to exceed $9,000 from Federal Revenue Sharing Funds. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was 15812 4724-76 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation, dated August 11, 1976, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby determine to authorize the following fund transfers: 1) Fifteen Hundred Dollars ($1,500.00) from Recreation Account No. 101-709-760.000.000 to the Golf Course Repair Account No. 101-697-781.000.000. 2) One Thousand Dollars ($1,000.00) from the Recreation Equip- ment Maintenance Account No. 101-709-933.310.000 and Five Hundred Dollars ($500.00) from the Recreation Equipment Maintenance Account No. 101-711-933.310.000 to the Parks Maintenance Account No. 101-704-783.000.000. the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result AYES. Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS• None. By Councilman Raymond, seconded by Councilman Bennett, it was #725-76 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated August 4, 1976, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $3,000 from Account No. 323-702, Special Service Bureau Salaries and Wages, to the following accounts to the following amounts- Account No. 304-934 Office Equipment Maintenance $1,500 Account No. 304-960-110 Educational Reimbursement $1,500 and, further, the Council does hereby authorize the transfer of the sum of $1,500 from Account No. 325-960-010, Patrol Bureau Education and Training, to Account No. 304-976, Building Improvement, 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, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #726-76 RESOLVED, that having considered a communication from the Super- intendent of Operations, dated August 25, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works 15813 and is approved for submission by the Mayor, the Council does hereby appropriate and authorize the transfer of the sum of $24,000 from overhead credits accumulated under Act 51 and the Sanitation Funds to the following accounts in the following amounts Account Number Description Amount 101-781-709.000.000 Overtime $21,000 101-781-766.000.000 Tools & Supplies 3,000 Total $24,000 the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result• AYES Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS. None. By Councilman Bennett, seconded by Councilman Bishop, it was 0727-76 RESOLVED, that having considered a communication from the City Engineer, dated August 27, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to increase the Engineering Division's Salary and Wages Overtime Account No. 441-709 in the amount of $5,000 and to increase the Engineering and Inspection Fees Account No. 618-030 in the amount of $5,000, the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result AYES: Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS: None. *Councilman Ventura was excused at 8 12 p. m. By Councilman Bennett, seconded by Councilman Brown, it was RESOLVED, that having considered a communication from the City Planning Commission, dated July 22, 1976, which transmits its Resolution No. 7-119-76 adopted on July 13, 1976, wherein the Commission did determine to grant an extension of Condition No. 3 from July 1, 1976 to August 11, 1976 in connection with approval of Petition 75-2-2-4, submitted by Philip Gerard, for waiver use approval for a trailer sales facility to be located on the southeast corner of Schoolcraft and Eckles Roads in the Southwest 1/4 of Section 19, the Council does hereby request that the City Planning Commission give this item further review and study and thereafter such action as may be appropriate. 15814 By Councilman Nash, seconded by Councilman Raymond, it was #728-76 RESOLVED, that having considered a communication from the City Planning Commission, dated July 22, 1976, which transmits its Resolution No. 7-119-76 adopted on July 13, 1976, wherein the Commission did determine to grant an extension of Condition No. 3 from July 1, 1976 to August 11, 1976 in connection with approval of Petition No. 75-2-2-4, submitted by Philip Gerard, for waiver use approval for a trailer sales facility to be located on the southeast corner of Schoolcraft and Eckles Roads in the Southwest 1/4 of Section 19, the Council does hereby determine to refer the same to the Study Session to be conducted on September 20, 1976. A roll call vote was taken on the foregoing resolution with the following result AYES. Bishop, Nash, Raymond and McCann. NAYS: Bennett and Brown. The President declared the resolution adopted. *Councilman Ventura returned at 8 25 p m. By Councilman Raymond, seconded by Councilman Bishop, and unanimously adopted, it was lom #729-76 RESOLVED, that having considered a petition from certain residents, received by the Office of the City Clerk on August 19, 1976, with regard to the City's ordinance provisions relating to the regulation of dogs, the Council does hereby determine to refer this matter to the Department of Law for its report and recommendation, which should include an analysis of the current status of City ordinances in this regard, a report concerning the nature of the incident which precipitated the subject petition, and such other information as may be pertinent or germane to this subject. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #730-76 RESOLVED, that having considered a petition submitted by certain residents of the Coventry Gardens Subdivision, received by the Office of the City Clerk on August 12, 1976, wherein a request is made for relocation of a shrub on a boulevard island located on Farmington Road at Roycroft, the Council does hereby determine to refer the same to the Superintendent of Parks and Recreation for his report and recommendation. By Councilman Ventura, seconded by Councilman Nash, it was #731-76 RESOLVED, that having considered a communication from the Mayor, dated August 13, 1976, submitted pursuant to Section 2-2202 of the Livonia Code of Ordinances, with regard to the appointment by the Mayor of Mr. Theodore J. Canty, 37586 Kingsbury, Livonia, Michigan, as a member of the Local Officers Compensation Commission for a term of seven years, which will expire April 2, 1983, the Council does hereby determine to confirm the appointment of Mr. Theodore J. Canty, it is further provided that he shall take the Oath of Office as prescribed in Chapter X, Section 3 of the City Charter. 15815 A roll call vote was taken on the foregoing resolution with the following result AYES. Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was #732-76 RESOLVED, that having considered a communication from the Ad Hoc Senior Citizens Housing Committee, dated September 2, 1976, which requests payment of expenses incurred in connection with the proposed senior citizens housing project for the months of April, May, June and July 1976 in the total amount of $190 67, the Council does hereby determine to authorize payment of the same from monies previously appropriated for this purpose, and does hereby determine to rescind Council Resolution 713-76 adopted on August 25, 1976. A roll call vote was taken on the foregoing resolution with the following result• AYES. Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS None. By Councilman Bishop, seconded by Councilman Nash, and unanimously adopted, it was #733-76 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated August 16, 1976, with regard to an application submitted by Elmer A. Reeves, Gloria K. Reeves, Raymond V. Thibault and Helen E. Thibault for a new SDM license to be located at 15210 Middlebelt Road, Livonia, Michigan, the Council does hereby determine to refer this matter to the Chief of Eblice for his report and recommenda- tion to be be submitted to Council prior to the Regular Meeting to be conducted on September 29, 1976. The communication dated August 18, 1g76 from the Director ofFinance, which transmits various financial statements of the City of Livonia for the month ending July 31, 1976, was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was 473+-76 RESOLVED, that the Ccuncil does hereby refer to the Committee of the Whole the general policy question of whether or not requests for recommendations concerning SDM Licenses should continue to be referred to the Chief of Police or should instead be referred to the Director of Public Safety-Police. 15816 By Councilman Ventura, seconded by Councilman Bishop, it was #735-76 RESOLVED, that having considered a communication from the City Engineer, dated August 13, 1976, which bears the signature of the Director of Finance, is approved by the City Attorney and the Director of Public Works and is approved for submission by the Mayor, and to which is attached a proposed agreement between the Michigan State Highway Commission and the City of Livonia for the resurfacing of Grand River Avenue, including sidewalk ramp construction, and curb and gutter replacement, within the corporate limits of the City of Livonia (Job No. 11307), the total project cost being estimated at $58,000.00, with the City's 12-1/2% share being estimated at $7,250.00, the Council does hereby determine to approve the same and for this purpose authorizes the Mayor and City Clerk to execute the said agree- ment for and on behalf of the City of Livonia, and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $7,250.00 from Motor Vehicle Highway Fund Receipts (Major Roads) to cover the City's share of the cost of the project, 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, **Ventura and McCann. NAYS *Bennett and *Raymond. The President declared the resolution adopted. *Councilman Raymond and Councilman Bennett made the following statements My 'no' vote was cast because I still feel and believe that a State Highway should be improved at the sole cost to the State. **Councilman Ventura made the following statement I feel the same as Councilman Raymond and Councilman Bennett, but I do want to see this improvement made. By Councilman Bishop, seconded by Councilman Ventura, it was #736-76 RESOLVED, that having considered a communication from the City Engineer, dated August 10, 1976, approved by the Superintendent of Parks and Recreation and the Director of Public Works, and approved for submission by the Mayor, and to which is attached a letter from the A & P Construction Company, contractor for Livonia Drain No. 16 Branches Project, wherein a request is made for permission to use and remove sand (approximately 5,000 cubic yards) from the Hillcrest Gardens Park located in Section 2, and thereafter to fill the excavated areas with materials excavated from the storm sewer trench, the Council does hereby determine to grant permission and to approve the said request, subject to the following conditions 1. All existing topsoil is to be stockpiled. 15817 2. All sand borrowed areas are to be filled with suitable material removed from the sewer trench. 3. All areas designated by the Department of Parks, Recreation and Forestry and the Engineering Division are to be cleared and grubbed. 4. All distrubed areas within the park site are to be graded so as to meet the approval of the Engineering Division. 5. All stockpiled topsoil is to be re-spread over all graded areas. 6. The -contractor shall seed and fertilize all disturbed areas within the park site. and the Director of Public Works, City Engineer and Superintendent of Parks and Recreation 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, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS None. Councilman Bishop gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 8-242 OF TITLE 8, CHAPTER 2 (MISDEMEANOR ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Nash, seconded by Councilman Ventura, it was 4737-76 RESOLVED, that having considered a communication from the Depart- ment of Law dated August 16, 1976, approved by the City Engineer, and approved for submission by the Mayor which transmits for Council accept- ance an Order for Payment of Estimated Compensation and Surrender of Possession, heretofore filed in Wayne County Circuit Court Case No. 76 618 823 CC and recorded on July 30, 1976, in the office of the Register of Deeds for Wayne County in liber 19470, pages 843, 844 and 845, granting physical possession to the City of Livonia certain land in the City of Livonia described as 15818 A parcel of land being a part of the S. W. 1/4 of Section 8, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as The northerly 30.00 feet of the southerly 90.00 feet (measured at right angles to the south line of Section 8), of the easterly 150.00 feet of the westerly 210.00 feet of the S. W. 1/4 of said Section 8. (containing an area of 0.103 acres of land, more or less). the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid Order for Payment of Estimated Compensation and Surrender of Possession and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the Mayor and the City Clerk to execute a Quist Claim Deed in behalf of the City of Livonia wherein the City conveys the right-of-way received herein to the Board of County Road Commissioners of the County of Wayne, Michigan, and for this purpose the Council does hereby request the Department of Law to prepare the aforesaid Quit Claim 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, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #738-76 RESOLVED, that having considered a communication from the Depart- ment of Law, dated August 16, 1976, approved for submission by the Mayor, transmitting for Council acceptance a Deed under Act 223, Public Acts of 1909, as amended, being Deed No. 107753, executed on July 26, 1976, by the Department of Natural Resources for the State of Michigan, to City of Livonia, conveying land in the City of Livonia, described as follows: Lot Forty-five (45) also Southerly half (S'ly 1/2) adjacent vacated alley, Assessor's Plat Argonne State Subdivision Lots Thirty-six (36), Thirty-seven (37) and Thirty-eight (38), Dohany Subdivision South Fifteen (15.0) feet of Lot One Thousand Eighty-one (1081) also the West half (W 1/2) of ad,,acent vacated alley, New Detroit Subdivision Number 1 South Fifty-three (53) feet of Lot Fourteen (14), Richland Estates Subdivision 158l9 Lots One Hundred Eighty-nine (189) and One Hundred Ninety (190) also West half (W 1/2) adjacent vacated alleys, Schanhite's Marquette Manor Subdivision, according to the Plats thereof, the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid Deed under Act 223, Public Acts of 1909, as amended, being Deed No. 107753, and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS None. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #739-76 RESOLVED, that having considered a communication from the City Assessor, dated August 11, 1976, approved for submission by the Mayor, to which is attached a list of parcels which have reverted to the State of Michigan on May 4, 1976 through non-redemption of the 1975 tax sale, the Council does hereby refer the same to the City Planning Department for its report and recommendation By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was 4740-76 RESOLVED, that having considered a communication from the Mayor, dated August 24, 1976, with regard to a newly revised and updated version of "This is Livonia, " published by the Livonia League of Women Voters, the Council does hereby determine to refer this item to the Finance and Insurance Committee for its report and recommendation. The communication dated August 19, 1976 from the Engineering Division with respect to a drainage problem at 15674 Greenlane (Cr-50-76), was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Brown, it was 4741-76 RESOLVED, that having considered a communication from the City Planning Commission, dated August 26, 1976, which transmits its Resolution 8-151-76 adopted on August 24, 1976, with regard to Petition 76-6-2-10 submitted by the Galilean Baptist School, requesting waiver use approval to erect a multi-purpose building on property zoned RUF located on the south 15820 side of Seven Mile Road between Middlebelt and Inkster Roads in the N. W. 1/4 of Section 12, the Council does hereby determine to concur in the recommendation of the City Planning Commission and Petition 76-6-2-10 is hereby approved and granted, such approval to be based upon the same condi- tions as those which are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES Bishop, Bennett, Nash, Brown, Raymond, Ventura and. McCann. NAYS None. By Councilman Nash, seconded by Councilman Raymond, it was 4742-76 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 27, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the Unit Price Bid of Conco Midwest, Inc. , 1115 North Main Street, Racine, Wisconsin 53402, for the balance of the 1976 Concrete Joint and Crack Sealing Program for the estimated cost of $120,000.00, based upon the Engineering Division's estimate of Units of work involved, and subject to a Final Payment based upon the actual units of work as constructed in accord- ance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the second low bid received for this item, the action herein being taken for the reasons indicated in the aforesaid com- munication, and the Council does hereby appropriate and authorize the ex- penditure of a sum not to exceed $120,000.00 from Motor Vehicle Highway Fund Receipts for this purpose, and the Director of Public Works is hereby auth- orized to approve all minor adjustments in the work as constructed, 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, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS None. By Councilman Nash, seconded by Councilman Brown, it was 4743-76 RESOLVED, that having considered a communication from the City Engineer, dated. August 25, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works and the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed Multi-Party Agreement between the Michigan State Highway Commission, the Board of Wayne County Road Commissioners, the Board of Oakland County Road Commissioners, the City of Farmington Hills, the City of Farmington and the City of Livonia, for the widening and paving of Base Line Road between Merriman and Farmington Roads, a Federal Aid. Urban Systems Project, the total cost of which is estimated to be $1,426,000.00, with the City of Livonia's 6%-share being $85,560.0O,the Council does hereby 15821 determine to approve the same and for this purpose authorizes the Mayor and City Clerk to execute the attached agreement for and on behalf of the City of Livonia, further, the Council does hereby appropriate a sum not to exceed $85,560.00 from Motor Vehicle Highway Fund Receipts (Major Road Account) to cover the City's share of the project, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES• Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was 4744-76 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 156 for installing concrete curbs and gutters and a new 1-1/2" asphalt surface course on front streets (St. Francis, Antago, and Rensellor Boulevards) and constructing deep-strength asphalt pavements with concrete curbs and gutters on the side streets (St. Martins, Vassar and Bridge Avenues) in the Botsford Park Sub- division in the S.E. 1/4 of Section 1 of the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, August 23, 1976, at 8.00 P, M. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 156, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated July 21, 1976 in the amount of $185,552 83, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said Special Assessment Roll No. 156 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight (8%) per cent per annum on the unpaid balance of the assessment from the date of confirmation. Said interest shall be payable on each installment due date, provided, however, that after 15822 the issuance of bonds to be issued in anticipation of the collection of the unpaid assessments on the said special assessment roll, said rate of interest shall be adjusted to a rate which is not more than one CO per cent above the average rate of interest borne by said bonds. In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1977 and subsequent installments on December 1st of succeeding years; (4) 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 said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty (60) days from December 1, 1977 pay the whole or any part of the assessment without interest or penalty, (5) The first installment Shall be spread upon the 1977 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1971 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordi- nances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, (6) The City Council having determined to pay a portion of the cost (151) of the said improvement within the said district in the sum of $32,753.23, and the same is hereby appropriated and authorized to be expended from the 9.8 million dollar general obligation road improvement bond issue to cover the City's cost of said installation. A roll call vote was taken on the foregoing resolution with the following result AYES. Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS None. 15823 y wCaosuncilman Ventura, seconded by Councilman Raymond, and unanimously adopted, itB 4745-76 RESOLVED, that the possible deletion of Lot No. 35 of Botsford. Park Subdivision (Berg property) from Special Assessment Roll No. 156, Road. Improvement in Basford Park Subdivision is hereby referred to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Brown, seconded, by Councilman Ventura, it was 4746-76 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 30, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the Unit Price bid of Stolaruk Corporation, 19300 W. Eight Mile Road, South- field, Michigan, for the Botsford Park Subdivision Road Improvement Project (Contract 76-F), for the total estimated cost of $189,831.36, based upon the Engineering Division's estimate of units of work involved, and subject to a Final Payment based upon the actual units of work as completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the low bid received for this item; and the Council does hereby authorize an advance in the amount of $189,831.36 from the 9.8 Million Dollar General Obligation Road. Improvement Bond. Issue, which amount shall be reimbursed in part (85%) at such time as funds becomz available from the receipts of a Special Assessment District and/or the proceeds of a Special Assessment Bond. Issue which may be established, for this purpose; 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 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, Bennett, Nash, Brown, Raymond, Ventura and. McCann. NAYS None. The communication dated August 23, 1976 from the President of the Livonia Lieutenant's & Sergeant's Association requesting to enter into negotiations for a new contract to take effect on and after December 1, 1976, was received and filed for the information of the Council. Councilman Bennett took from the table for second reading and adoption the following Ordinance as revised by the Legislative Committee. 15824 AN ORDINANCE AMENDING TITLE 5, CHAPTER 1 (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: Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Bennett took from the table for second reading and adoption the following Ordinance as revised by the Legislative Committee AN ORDINANCE AMENDING TITLE 5, CHAPTER 3 (TREES, SHRUBS AND PLANTS) OF THE LIVONIA CODE OF ORDINANCES, AS AI'TNDED, BY AMENDING SECTIONS 5-302, 5-3o4, 5-313 AND 5-316. A roll call vote was taken on the foregoing Ordinance with the following result. AYES Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was 4747-76 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 18, 1976, and submitted pursuant to Council Resolution 674-76, in connection with a communication from the Mayor, dated August 11, 1976, with regard to the requested transfer of the Forestry Division from the Department of Parks and Recreation to the Department of Public Works, the Council does hereby request a report and recommendation from the Department of Law as to the propriety of providing in Section 5-103 (Streets and Sidewalks) and in Section 5-304 (Trees, Shrubs and Plants) that general control over certain Public Streets, Alleys Rights-of-Way, Public Places and Public Buildings, et cetera, shall specifically be delegated to certain City Departments, i.e. question the propriety of defining Departmental work functions by ordinance. 15825 By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was W748-76 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 18, 1976, and submitted pursuant to Council Resolution 583-76, in connection with a communication from the Personnel Director dated June 16, 1976, which transmitted a resolution adopted by the Civil Service Commission on June 10, 1976, wherein the Commission did recommend the establishment of certain guidelines with respect to reimbursement for broken eyeglasses, the Council does hereby determine that the said communication shall be received and filed; further, the Council requests that the Civil Service Commission include in its policy guidelines governing replacement of broken eyeglasses additional provisions that reimbursement to employees shall be limited to covering the cost of replacing eyeglasses only, and that such reimbursement shall not include the cost of eye examinations or the cost of special frames for cosmetic purposes. Councilman Bennett took from the table for second reading and adoption the following Ordinance, as revised by the Legislative Committee: AN ORDINANCE MENDING CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 8-261 THERETO. A roll call vote was taken on the foregoing Ordinance with the following result: AYES- Bennett, Nash, Brown, Raymond and McCann. NAYS: *Bishop and **Ventura. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. *Councilman Bishop made the following statement: Based on my previous opinion, I am voting 'no' because I feel that the 'trespass' section should be expand- ed to all areas and not just in stable area of race track. **Councilman Ventura made the following statement I agree with Councilman Bishop. Opinion No. 74-7, dated April 17, 1974 and communication from the Planning Commission dated November 6, 1974, regarding finalization and authority of Zoning Board of Appeals and Planning Commission with respect to modifications of site plan arproval (Res. 702-75) was received and filed. 15826 By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #749-76 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 18, 1976, and submitted pursuant to Council Resolution 702-75, the Council does hereby request that the Department of Law submit a report which provides clarification and elaboration regarding the proper procedure involved in those cases where action by the Zoning Board of Appeals alters a Site Plan previously approv- ed by the City Planning Commission; such report shall also include recom- mended resolutions to the Chief Building Inspector, the City Planning Com- mission and the Zoning Board of Appeals and/or appropriate recommendations for amendment of the Zoning Ordinance. By Councilman Bennett, seconded by Councilman Nash, and unanimously adopted, it was 0750-76 RESOLVED, that having considered the report of the Chairman of the Legislative Committee with regard to 1976 Public Act 225 (HOUSE BILL NO. 4047), which act provides for the deferment of special assessments for improvements to real property for Senior Citizens who qualify, the Council does hereby request the Departments of Law, Engineering and Assessment to review the Act and to submit their respective reports and recommendations for the use and implementation of the benefits of the Act, particularly as it relates to any pending street paving special assessment projects in the City. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was 0751-76 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated August 24, 1976, and submit- ted pursuant to Council Resolution 681-74, in connection with a communica- tion from the City Engineer, dated March 19, 1973, wherein it is recom- mended that Section 6-196 (1) of the Livonia Code of Ordinances, as amend- ed, be amended so as to designate certain City streets as truck routes, as well as provide for certain revisions in this regard, the Council does hereby determine to request that the Department of Law prepare an ordinance amendment for submission to Council which incorporates the recommendations set forth in the aforesaid communication from the City Engineer. By Councilman Bishop, seconded by Councilman Raymond, and unanimously adopted, it was #752-76 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated August 24, 1976, and submit- ted pursuant to Council Resolution 62-76, in connection with a communica- tion from the City Planning Commission, dated December 16, 1975, with regard to the need to widen and improve Ann Arbor Trail from the City's southerly boundary to Ann Arbor Road, the Council does hereby determine tha' inview of the improvement of Ann Arbor Trail having been placed on the Wayne County Federal Aid Urban System Project priority "A", that no further action is required at this time. 15827 By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #753-76 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated August 24, 1976, and submitter pursuant to Council Resolution 280-76, in connection with a communication from the Superintendent of Parks and Recreation, dated March 9, 1976, which transmitted the recommendation of the Parks and Recreation Commission relative to the naming of certain park sites, the Council does hereby deter- mine to refer this matter back to the Parks and Recreation Commission for further review and a new report and recommendation, taking into considera- tion the possibility of either naming some of these Park Sites after deceased persons who have made a meaningful contribution to Livonia in its progress and Development, or after meaningful events, happenings or some other name which is of appropriate significance. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #754-76 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated August 24, 1976, and submitted pursuant to Council Resolution 134-76, in connection with the report and recommendation of the City Engineer, dated January 22, 1976, with regard to the installation of street lights on Six Mile Road between Levan and Merriman Roads, the Council does hereby determine to refer this matter back to the City Engineer for a new report and recommendation with respect to the construction of the proposed project with a high pressure sodium system. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #755-76 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated August 24, 1976, and submit- ted pursuant to Council Resolution 345-76, in connection with a communica- tion from the Planning Director and the City Engineer, dated March 19, 1576, relative to the proposed Loop Road which would originate on Five Mile Road between Patti's Lounge and the Parkview Cemetery and extend in a southerly direction and thereafter loop to Farmington Road, the Council does hereby determine that no further action be taken at this time. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication dated April 23, 1976 from the City Planning Commission which sets forth its Resolution 4-42-76 with regard to Petition 76-2-1-6 submitted by the City Planning Commission on its own motion for a change of zoning on property located at the northwest corner of Joy and Hix Roads in the Southwest 1/4 of Section 31, from C-2 to R-1, and the Council having conducted a public hearing with regard to this matter on August 23, 1976, pursuant to Council Resolution 455-76, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 76-2-1-6 is hereby denied. 15828 By Councilman Brown, seconded by Councilman Bennett, it was 4756-76 RESOLVED, that having considered a communication dated April 23, 1976 from the City Planning Commission which sets forth its Resolution 4-42-76 with regard to Petition 76-2-1-6 submitted by the City Planning Commission on its own motion for a change of zoning on property located at the northwest corner of Joy and Hix Roads in the Southwest 1/4 of Section 31, from C-2 to R-1, and the Council having conducted a public hearing with regard to this matter on August 23, 1976, pursuant to Council Resolution 455-76, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bishop, Bennett, Nash, Brown and Raymond. NAYS: Ventura and McCann. The President declared, the resolution adopted. By Councilman Bishop, seconded by Councilman Brown, it was 4757-76 RESOLVED, that having considered a communication dated April 23, 1976 from the City Planning Commission which sets forth its Resolution 4-43-76 with regard to Petition 76-2-1-7 submitted by the City Planning Commission on its own motion for a change of zoning on property located at the northeast corner ofNewburgh Road and Ann Arbor Trail in the Northwest 1/4 of Section 32, from C-1 to R-1, and the Council having conducted a public hearing with regard to this matter on August 23, 1976, pursuant to Council Resolution 455-76, the Council does hereby concur in the recom- mendation of the Planning Commission and the said Petition 76-2-1-7 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication tobe prepared indicating the zon- ing 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 Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS. None. By Councilman Bennett, seconded by Councilman Brown, it was 4758-76 RESOLVED, that having considered a communication dated April 23, 1976 from the City Planning Commission which sets forth its Resolution 4-44-76 with regard to Petition 76-3-1-9 submitted by the City Planning Commission on its own motion for a change of zoning on property located north of Schoolcraft Road west of Berwick Avenue in the Southeast 1/4 of Section 22, from RUF to R-1-B, and the Council having conducted a public 15829 hearing with regard to this matter on August 23, 1976, pursuant to Council Resolution 455-76, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 76-3-1-9 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 pre- pare an ordinance amending Ordinance No. 543, as amended, in accordance wit' this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS None. By Councilman Bennett, seconded by Councilman Nash, it was #759-76 RESOLVED, that having considered a communication dated May 4, 1976 from the City Planning Commission which sets forth its Resolution 4-61-76 with regard to Petition 76-3-1-10 submitted by the City Planning Commission on its own motion for a change of zoning property located on the south side of Ann Arbor Road between Newburgh Road and Horton in the Northeast 1/4 of Section 31, from C-1 to R-1, and the Council having conducted, a public hearing with regard to this matter on August 23, 1976, pursuant to Council Resolution 455-76, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bennett, Nash, Brown, Raymond and McCann. NAYS. Bishop and Ventura. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Brown, it was #760-76 RESOLVED, that having considered a communication dated May 4, 1976 from the City Planning Commission which sets forth its Resolution 4-6o-76 with regard to Petition 73-4-1-15 (rehearing) submitted by the City Planning Commission pursuant to Council Resolution 244-73 for a change of zoning on property located on the southwest corner of Newburgh Road and. Ann Arbor Road in the Northeast 1/4 of Section 31, from P.L. and. C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on August 23, 1976, pursuant to Council Resolution 455-76, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Nash, Brcwn, Raymond and McCann. NAYS: Bishop and Ventura. The President declared the resolution adopted. 15830 By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #761-76 RESOLVED, that having considered a communication dated April 26, 1976 from the City Planning Commission which sets forth its Resolution 4-49-76 with regard to Petition 76-2-6-1 submitted by the City Planning Commission, pursuant to Council Resolution 39-76, to amend Sections 18.29 and 18.49 of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, by deleting existing fencing requirements and incorporating pro- visions set forth in Section 5-1009 of the Livonia Code of Ordinances, and the Council having conducted a public hearing with regard to this matter on August 23, 1976, pursuant to Council Resolution 455-76, the Council does hereby concur in the recommendation of the Planning Commission and the said. Petition 76-2-6-1 is hereby approved and granted, and the Depart- ment of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. *Councilman McCann was excused at 10 05 p. m. By Councilman Ventura, seconded by Councilman Nash, it was RESOLVED, that having considered a communication dated May 25, 1976 from the City Planning Commission which sets forth its Resolution 5-65-76 with regard to Petition 76-3-1-8 submitted by Samuel and Dora Abdoo for a change of zoning on property located on the northeast corner of Farmington Road and. Clarita in the Northwest 1/4 of Section 10, from P.S. to C-1, and the Council having conducted a public hearing with regard to this matter on August 23, 1976, pursuant to Council Resolution 486-76, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 76-3-1-8 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, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Raymond and Ventura. NAYS: Bishop, Bennett and Brown. The President declared the resolution DENIED. By Councilman Raymond, seconded by Councilman Bishop, and unanimously adopted, it was #762-76 RESOLVED, that having considered a communication dated May 25, 1976 from the City Planning Commission which sets forth its Resolution 5-65-76 with regard to Petition No. 76-3-1-8 submitted by Samuel and Dora Abdoo for a change of zoning on property located on the northeast corner of 15831 Farmington Road and. Clarita in the Northwest 1/4 of Section 10, from P.S. Lto C-1, and, the Council having conducted a public hearing with regard to this matter on August 23, 1976, pursuant to Council Resolution 486-76, the Council does hereby determine to refer this matter to the Committee of the Whole for its consideration. *Councilman McCann resumed the Chair at 10:35 P. m. By Councilman Brown, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication dated May 25, 197t from the City Planning Commission which sets forth its Resolution 5-66-76 with regard to Petition 76-4-1-11 submitted by Jerome L. Schostak for a change of zoning on property located on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Section 4, from RUF to R-7, and the Council having conducted a public hearing with regard to this matter on August 23, 1976, pursuant to Council Resolution 486-76, the Council does hereby concur in the recommendation of the Planning Commission and the said. Petition 76-4-1-11 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publica- tion 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 Ordi- nance No. 543, as amended, in accordance with this resolution. By Councilman Nash, seconded by Councilman Bennett, it was #763-76 RESOLVED, that having considered a communication dated May 25, 1976 from the City Planning Commission which sets forth its Resolution 5-66-76 with regard to Petition 76-4-1-11 submitted by Jerome L. Schostak for a change of zoning on property located on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Section 4, from RUF to R-7, and the Council having conducted a public hearing with regard to this matter on August 23, 1976, pursuant to Council Resolution 486-76, the Council does hereby determine to refer this matter to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result. AYES. Bennett, Nash, Raymond and *McCann. NAYS- Bishop, Brown and Ventura. The President declared the resolution adopted. *Councilman McCann made the following statement I am voting 'yes, to sending this matter to the Committee of the Whole, but if it comes back to us in the same form, I think it would be the worst proposition to ever come before this body. It would mean 450 apartments and perhaps 500 and appear to be a 'Herman Gardens' in Livonia. 15832 By Councilman Ventura, seconded by Councilman Bennett, it was #764-76 RESOLVED, that having considered a communication from the City Planning Commission, dated July 26, 1976, which transmits its Resolution 7-115-76 adopted on July 13, 1976 in connection with Petition No. 76-6-7-2, wherein the Commission did amend Part V of the Master Plan of the City of Livonia, entitled The Master School and Park Plan, so as to delete certain property located on the north side of Lyndon Avenue between Farmington and Stark Roads in the Northeast 1/4 of Section 21, the Council does hereby determine to acknowledge and certify the receipt of same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #765-76 RESOLVED, that having considered a communication from Mr. and Mrs. Robert German, 31660 Bobrich Street, Livonia, Michigan 48152, dated May 18, 1976, regarding the permission granted to Mr. and Mrs. J. Ninomiya in Council Resolution 570-74 to connect a property line fence to City- owned fence in Rotary Park, the Council does hereby determine to take no further action. LA roll call vote was taken on the foregoing resolution with the following result: AYES. Bennett, Nash, Brown,Raymond, Ventura and McCann. NAYS. Bishop. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bennett, it was #766-76 RESOLVED, that having considered communications dated May 12 and May 17, 1976 from the Chief of Police and the Director of Public Safety- Police which bear the signature of the Director of Finance and are approvers for submission by the Mayor, and having also considered Opinion No. 76-3 dated May 26, 1976 from the Department of Law regarding the processing of various gun permits and registrations, and the action taken in Council Resolution 141-76 adopted on February 18, 1976 which established certain fees in connection with the foregoing, the Council does hereby determine that the fees established in Council resolution 141-76 shall be strictly construed as being applicable only to those firearms commonly referred to as handguns, which are defined as being a "Pistol, " as set forth in 1927 PA 372, Sec. 1 (MCLA 28.421), further, that applications for carrying concealed weapons permits and fes established in connection therewith shall be processed in accordance with the provisions set forth in 1927 PA 372, and except as otherwise provided herein, the action taken in Council Resolution 141-76 shall continue in full force and effect. 15833 A roll call vote was taken on the foregoing resolution with the following result AYES• Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Raymond, it was #767-76 RESOLVED, that having considered communications dated May 12 and May 17, 1976 from the Chief of Police and the Director of Public Safety- Police which bear the signature of the Director of Finance and are approved for submission by the Mayor, and having also considered Opinion No. 76-3 dated May 26, 1976 from the Department of Law regarding the processing of various gun permits and registrations, and the action taken in Council Resolution 141-76 adopted on February 18, 1976 which established certain fees in connection with the foregoing, the Council does hereby determine to amend and revise Council Resolution 141-76 so as to establish that with reference to subsequent gun purchase permit fees, that the charge for same shall be in the amount of $2.00 so long as the application for said subse- quent Gun Purchase Permit is made within a period of two (2) years after obtaining an original Gun Purchase Fermit, as prescribed by law; and except as otherwise provided for herein, the action taken in Council Resol- ution 141-76 shall continue in full force and effect. A :con call vote was taken on the foregoing resolution with the following result AYES: Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS None. By Councilman Nash, seconded by Councilman Bishop, it was #768-76 RESOLVED, that having considered communications dated May 12 and May 17, 1976 from the Chief of Police and the Director of Public Safety- Police which bear the signature of the Director of Finance and are approved for submission by the Mayor, and having also considered Opinion No. 76-3 dated May 26, 1976 from the Department of Law regarding the processing of various gun permits and registrations, and the action taken in Council Resolution 141-76 adopted on February 18, 1976 which established certain fees in connection with the foregoing, the Council does hereby determine to amend and revise Council Resolution 141-76 so as to delete the $3.00 charge previously established with reference to gun registrations and to provide that henceforth no charge shall be made with respect to the same; and except as otherwise provided for herein, the action taken in Council Resolution 141-76 shall continue in full force and effect. A roll call vote was taken on the foregoing resolution with the following result: AYES Bishop, Bennett, Nash, Brown,*Raymond, Ventura and McCann. NAYS: None. *Councilman Raymond made the following statement My feeling is that it -,il1 encourage registrations and not discourage them. 15834 By Councilman Ventura, seconded by Councilman Bennett, it was RESOLVED, that having considered communications dated May 12 and May 17, 1976 from the Chief of Police and the Director of Public Safety- Pclice which bear the signature of the Director of Finance and are approved for submission by the Mayor, and having also considered Opinion No. 76-3 dated May 26, 1976 from the Department of Law regarding the processing of various gun permits and registrations, and the action taken in Council Resolution 141-76 adopted on February 18, 1976 which established certain fees in connection with the foregoing, the Council does hereby determine to amend and revise Council Resolution 141-76 so as to provide that the fee for carrying concealed weapons permits shall be in the amount of $25.00 in lieu of $12.50 as previously established; and except as otherwise pro- vided for herein, the action taken in Council Resolution 141-76 shall continue in full force and effect. A roll call vote was taken on the foregoing resolution with the following result- AYES: Bennett. NAYS: Bishop, Nash, Brown,'•Raymond, Ventura and McCann. The President declared the resolution DENIED. By Councilman Bennett, seconded by Councilman Ventura, it was #769-76 WHEREAS, it is clear that under State law "Handgun Purchase Permits, " "Handgun Registrations, " and "Carrying Concealed Weapons Permits" are required and that such permits may be issued by municipal police departments, and WHEREAS, State law is silent with reference to the establishment of fees to cover the costs in connection with the processing of the afore- said gun permits; NOW, THEREFORE, BE IT RESOLVED THAT the Livonia City Council does hereby urge that legislation be enacted to amend appropriate State statutes to provide for the following: 1. Establishment of a fee schedule for Handgun Purchase Permits, Handgun Registrations and Carrying Concealed Weapons Permits, recognizing in this regard that it is in the best interests of the State of Michigan to encourage the registration of hand- guns and therefore it is possible that no fee should be charged that, nevertheless, this is a matter which should be governed by State law one way or the other. 2. That such fees, if established, should be uniform throughout the State. 3. That fees so collected by local units of government shall be retained by them to offset costs and that such retained fees shall be used to supplement police department budgets of the units of government involved. 15835 4. That such amendments to State law provide for the deandon of bona fide gun collectors with provision for appropriate fee reductions. 5. And such other amendments to the gun registration law as may be reasonable with particular review of penalties for violation of same. BE IT FURTHER RESOLVED, that a copy of this resolution shall be send to Senator Carl Pursell, Representative Robert Geake, Representative John Markes and Governor William Milliken with a request for a response as to their respective positions and intended courses of action. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bennett, Nash, Raymond and Ventura. NAYS Bishop, Brown and. McCann. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, it was #770-76 RESOLVED, that having considered a communication from the Depart- ment of Law dated August 18, 1976 submitted pursuant to Council resolution No. 539-76, which transmits for Council acceptance a Warranty Deed dated. July 29, 1976 executed by Greenfield. Construction Company, Inc. , a Michi- gan corporation, by its president Angelo DiFonio, conveying to the City a parcel of land, designated RS a future fire station site, which land is more particularly described as follows: A parcel of land being a part of the Northeast 1/4 of Section 18, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, more particularly described as Commencing at the Northeast corner of Section 18, Town 1 South, Range 9 East, Thence South 0 degrees 21 minutes 20 seconds East, along the East line of said. Section 681.01 feet to a point, thence South 89 degrees 58 minutes West 60.00 feet to a point on the West line of Newburgh Road (120 feet wide), said point being the Northeast corner and the point of beginning of the parcel herein described, thence South 0 degrees 21 minutes 20 seconds East, along the West line of said Newburgh Road, 260.00 feet to a point, thence South 89 degrees 58 minutes West 220.00 feet to a point, thence North 0 dcgrees 21 minutes 20 seconds West 267.00 feet to a point on the Southerly line of a proposed road, thence South 84 degrees 19 minutes 22 seconds East, along said Southerly Road line, 70.39 feet to a point, thence North 89 degrees 58 minutes East, continuing along said Southerly Road. Line, 150.00 feet to the point of beginning, con- taining 1.319 acres of landl more or less. 15836 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 requested 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; further, the Office of the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city owned and exempt. A roll call vote was taken on the foregoing resolution with the following result• AYES: Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #771-76 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetings of the City Council for the month of October 1976, Wednesday, October 13, 1976 and Wednesday, October 27, 1976. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #772-76 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 76-4-3-3) 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 Nash, seconded by Councilman Bishop, it was #773-76 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, submitted pursuant to Council Resolu- tion 642-76, in connection with the report and recommendation of the Super- intendent of Operations, dated July 9, 1976, which bears the signature of 15837 the Director of Finance, is approved by the Director of Public Works and the Public Utility Manager, and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of General Electric Company, 2841 Monroe, Dearborn, Michigan 48124, for supplying the City with nine (9) Mobile Radio Units for the total price of $10,395.00 (Unit Price - $1155.00), the same having been in fact the lowest bid received and meets all specifications; further, the Council does hereby determine to appro- priate and authorize the expenditure of a sum not to exceed $4,620.00 from Federal Revenue Sharing Funds previously designated for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bishop, Nash, Brown, Raymond, Ventura and McCann. NAYS- Bennett. The President declared the resolution adopted. *Councilman Nash was excused at 10.35 p. m. By Councilman Ventura, seconded by Councilman Bishop, it was #774-76 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 26, 1976, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of Madonna Estates No. 3 Subdivision (formerly St. Mary Estates Subdivision No. 2), located in the Southeast 1/4 of Section 20, City of Livonia, the financial assurances previously deposited with respect to the General Improvement Bond and Sidewalk Bond, deposited pursuant to Council Resolution 482-74 on June 19, 1974, as amended by Council Resolution 765-74 adopted on October 9, 1974, Council Resolution 154-76 adopted on February 18, 1976 and Council Resolu- tion 634-76 adopted on July 21, 1976, which previously reduced such financial assurances now on deposit with the City for general improvements to $3,000 of which $1,000 was to be in cash, and which reduced the finan- cial assurances now on deposit with the City for sidewalk improvements to $2,400 cash, to guaranty the satisfactory installation of improvements in Madonna Estates No. 3 Subdivision, the action herein being taken for the reasons indicated in the aforesaid report of the City Engineer that all of these improvements 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, Bennett, Brown, Raymond, Ventura and McCann. NAYS• None. *Councilman Nash returned at 10.36 p. m. By Councilman Ventura, seconded by Councilman Bishop, it was 15838 #775-76 RESOLVED, that having considered a communication dated June 17, 1976 from the City Planning Commission which sets forth its Resolution 6-85-76 with regard to Petition 75-11-1-29, as amended, submitted by Michigan Home for the Armenian Aged, Inc., for a change of zoning on property located on the west side of Middlebelt Road, south of Wentworth, in the S.E. 1/4 of Section 14, from RUF and P.S. to R-9-1, and the Counci3. having conducted a public hearing with regard to this matter on September 13, 1976, pursuant to Council Resolution 598-76, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 75-11-1-29, as amended, is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publica- tion 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 Ordi- nance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCznn. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was #776-76 RESOLVED, that having considered a communication dated June 18, 1976 from the City Planning Commission which sets forth its Resolution 6-91-76 with regard to Petition 76-4-1-13 submitted by Philip and Sharron Truan, for a change of zoning on property located on the northwest corner of Green Lane and Five Mile Road, in the S. E. 1/4 of Section 13, from R-1 to P.S., and the Council having conducted a public hearing with regard to this matter on September 13, 1976, pursuant to Council Resolution 598-76, the Council does hereby concur in the recommendation of the Plan- ning Commission and the said Petition 76-4-1-13 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, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES• Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Nash, it was 4777-76 RESOLVED, that having considered a communication dated June 17, 1976 from the City Planning Commission which sets forth its Resolution 6-89-76 with regard to Petition 76-4-1-18 submitted by the City Planning Commission pursuant to Council Resolution 316-76, for a change of zoning on property located on the south side of St. Martins Avenue immediately east of McNamara Towers I and II in the S. E. 1/4 of Section 2, from P.L. 15839 to R-9-III, and the Council having conducted a public hearing with regard to this matter on September 13, 1976, pursuant to Council Resolution 598-76, the Council does hereby concur in the recommendation of the Plan- ning Commission and the said Petition 76-4-1-18 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, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #778-76 RESOLVED, that having considered a communication dated June 17, 1976 from the City Planning Commission which sets forth its Resolution 6-87-76 with regard to Petition 76-5-1-19 submitted by Dembs Roth Manage- ment Company, for a change of zoning on property located on the east side of Middlebelt Road, south of Morlock, in the N. W. 1/4 of Section 1, from RUF to C-1, and the Council having conducted a public hearing with regard to this matter on September 13, 1976, pursuant to Council Resolution 598-76, the Council does hereby concur in the recommendation of the Plan- ning Commission and the said Petition 76-5-1-19 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, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, Nash, Brown, Raymond, Ventura and McCann. NAYS: Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Brown, it was #779-76 RESOLVED that, Stamford Investment Corp., 36776 Vargo Avenue, Livonia, Michigan 48154, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Stamford Estates Subdivision, located in the N. W. 1/4 of Section 9, City of Livonia, the said proposed preliminary plat being dated July 22, 1976; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on August 24, 1976; and it further appearing that such preliminary 158+0 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 September 10, 1976, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 9, Chapter 1 of the Livonia Code of Ordi- nances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such department, all such improvements to be constructed, installed, accomplish- ed 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; (I+) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) Cash Payments to be made to the City A. Trees $2,540.00 B. Street Name Signs 300.00 C. Traffic Control Signs 300.00 D. Street Light Notification Signs 75.00 E. Engineering Services (Gen.Improvement & Sdw) 1. Plan Review & Administration (1-1/2%) $3,4+0+.25 2. Field Inspection (3-1/2%) 7,943.25 11,347. 0 F. Engineering Services (Grading and Soil Erosion Control) 1. Plan Review 56.00 2. Permit an- Inspection 280.00 336.00 TOTAL CASH PAYMENTS $14,898.50 15841 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Plan- ning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance anc' 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: A. General Improvement Bond - $241,000.00, of which at least 10,000.00 shall be in cash B. Sidewalk Bond - 8,700.00, of which at least 2,000.00 shall be in cash C. Grading and Soil Erosion Control Bond - 3,600.00, of which at least 1,000.00 shall be in cash D. Monuments and Lot Markers - 770.00 (All 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 deep strength asphalt pavement 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, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS• None. By Councilman Raymond, seconded by Councilman Ventura, it was #780-76 RESOLVED, that having considered the report and recommendation dated September 9, 1976 from the City Engineer, approved by the Director of Public Works and approved for submission bythe Mayor, the Council does 15842 L hereby amend Item No. (8) of Council Resolution 425-76 adopted on May 12, 1976 so as to reduce the Financial Assurances now on deposit with the City for General Improvements in the Francavilla Subdivision No. 1 located in the S.E. 1/4 of Section 9, City of Livonia, to $35,000.00 of which at least $3,500.00 shall be in cash, to cover the cost of such remaining improvements in said subdivision, and the Financial Assurances now on deposit with the City, if any, shall be reduced accordingly; further, A.1U 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 performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #781-76 RESOLVED, that having considered the report and recommendation of the Chief of Police and the Director of Public Safety-Police, dated August 26, 1976, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of Colony Chrysler-Plymouth, Inc., 111 West Ann Arbor L Road, Plymouth, Michigan 48170,for supplying the City (Police Division) with twenty (20) marked police vehicles, Plymouth Model PK41, for the net total price of $88,758.60 ($97,398.60 less trade-ins $8,640.00), 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. Bishop, Bennett, Nash, Brown, Raymond, Ventura and McCann. NAYS: None. On motion of Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, this 842nd Regular Meeting of the Council of the City of Livonia was duly adjourned at 10.50 P. M., September 15, 1976. / . / A W.LSOd W. L , crrx 'Leath.. L