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HomeMy WebLinkAboutCOUNCIL MINUTES 1974-07-10 14452 MINUTES OF THE SEVEN HUNDRED EIGHTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 10, 1974, 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 8:02 P. M. Councilman Ventura delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Robert R. Bishop, Peter A Ventura, Jerry Raymond, Jerry H. Brown, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney, Robert Turner, Police Chief, G E Siemert, Director of Public Works, John Bunk, Fire Chief, Rudolf R Kleinert, Director Public Safety-Fire, Ron Mardiros, City Assessor; Robert Stokes, Parks & Recreation, Jack Dodge, Finance Director, Michael Reiser, Water & Sewer Board; Ralph Bakewell, Planning Department, Francis M. Hand, Planning Commission; Dan Gilmartin, Industrial Coordinator; James L. Miller, Personnel Director; Russell A Gronevelt, Superintend- ent of Operations Division, William LaPine, Zoning Board of Appeals; and Conrad Gniewek, Zoning Board of Appeals By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #505-74 RESOLVED, that the minutes of the 788th regular meeting of the Council of the City of Livonia, held June 19, 1974, are hereby approved. By Councilman Raymond, seconded by Councilman McCann, it was #506-74 RESOLVED, that having considered a communication from the City Planning Commission, dated March 25, 1974 which transmits its resolution #3-62-74 adopted on March 19, 1974, wherein the Commission did amend the Master School and Park Plan so as to incorporate certain property therein, located north of Seven Mile Road, west of Farmington Road, in the Southeast 1/4 of Section 4 (4.595 acres), the Council does hereby certify and acknowledge the receipt of same. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS. None. 14453 By Councilman Brown, seconded by Councilman Raymond, it was #507-74 WHEREAS, the City of Livonia is in need of expanding its present Quaker Acres Historical Site for both historical and park purposes where such site is located on the north side of Seven Mile Road between Farmington Road on the east and Gill Road on the west, and WHEREAS, pursuant to the provisions of Act 285 of the Public Acts of Michigan of 1931, as amended, the City Planning Commission of the City of Livonia having duly held public hearings and subsequently having adopte6 on March 19, 1974 an amendment to the Master School and Park Plan, Part V of the Master Plan of the City of Livonia, which amendment designates the real property hereinafter described for parks and recreational use; and WHEREAS, the City Planning Commission of the City of Livonia has recommended that this property be acquired for both historical and park purposes, NOW, THEREFORE BE IT RESOLVED, that this City Council for the City of Livonia, Wayne County, Michigan, a Michigan municipal corporation, hereby declares that the acquisition of property described as follows: That part of the S. E. 1/4 of Section 4, T. 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan described as beginning at a point distant S. 89° 57' 10" W. , 1176.20 ft. and N. 00° 00' 50" W. , 310 ft. from the S. E. corner of said Section 4 and proceeding thence N 00° 00' 50" W , 290 ft. ; thence S. 89° 57 10" W. , 505 ft. , thence S 00° 00' 50" E. , 310 ft. , thence N. 890 57' 10" E. , 355.45 ft. ; thence N. 00° 05' 45" E. , 20 ft. ; thence N. 89° 57' 10" E. , 149.51 ft. to the point of beginning. (3.525 acres) is necessary for a public improvement for the use and benefit of the public for the purpose of its incorporation and for a public purpose within the scope of its powers, and the City Council for the City of Livonia does hereby declare that it deems it necessary to take the above-described private property upon compensation to be paid therefor for such public improvement; BE IT FURTHER RESOLVED, that the Department of Law of the City of Livonia be and is hereby authorized and directed to institute and conduct the necessary proceedings on behalf of the City of Livonia in the Circuit Court for the County of Wayne, State of Michigan (that being the County where the private property sought to be taken is located), to carry out the objects of this resolution and to acquire by condemnation for the City of Livonia the private property hereinabove described for historical and parks use as provided in the Master School and. Park Plan of the Master Plan for the City of Livonia, as hereinbefore set forth, as a necessary and authorized public improvement, and that said proceedings be brought in accordance with the statutes of the State of Michigan provided therefor and more particularly, Act 149 of the Public Acts of 1911, as amended, (being Section 8.11 et seq. MSA, as amended, 213.21, et seq. MCLA, as amended, and Compiled Laws of 1948, as amended) ; 14454 BE IT FURTHER RESOLVED, that the foregoing acquisition shall be financed by the use of Federal Shared Revenue Funds, provided, however, that this action shall not be construed as approving the actual expend- iture of funds without specific authorization therefor by this Council. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS• Ventura. The President declared the resolution adopted. The communication dated June 18, 1974 from the Department of Law, with respect to Supreme Court Docket No. 55265 (GBW Company, a co-partnership vs City of Livonia, was received and filed for the information of the Council. The communication dated June 28, 1974 from the Department of Law, with respect to Civil Action No. 74-009325 CH (Merriman-Six I.iprovement Association vs City of Livonia), was received and filed for the information of the Council. The communication dated June 18, 1974 from the Director of Finance, transmitting Financial Reports for period ending May 31, 1974 for various Funds, was received and filed for the information of the Council Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 10 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. (Petition No. 73-12-1-39) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS. None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE rD SING SECTION 5-1203 OF TITLE 5, CHATTER 12 (ANTI-LITTER ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 14455 A roll call vote was taken on the foregoing Ordinance with the following result: AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and. Nash. NAYS. None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman McCann, seconded by Councilman Ventura, it was #508-74 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated June 4, 1974, approved by the Director of Public Works and the Finance Director, and approved for sub- mission by the Mayor, the Council does hereby determine to accept the bid of Parks Installation Company, 300 East Huron, Milford, Michigan 48042 for installing two (2) 10,000 gallon Fuel Tanks and related Pump Islands at the D.P.W. Yard for the price of $9,560 00, the same having been in fact the lowest bid received for this item; and the Director of Public Works is hereby authorized 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. Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS. None. By Councilman McCann, seconded by Councilman Brown, it was #509-74 RESOLVED, that having considered the report and, recommendation of the Director of Public Works dated May 29, 1974, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to the proposed improvement of the parking lot behind the City Hall, the driveways and parking area between the City Hall and Five Mile Road, and the driveway from Farmington Road to the City Hall, as shown on the attached drawing, the total estimated cost of which is $20,000, the Council does hereby determine to authorize the following: 1. Improvement of the said parking lots and driveways with a 1 1/2" asphalt surface; 2. Said work to be performed as an addition to the existing agree- ment between the City and Metropolitan Asphalt Paving Company, Inc. , 13111 South Wayne Road, Romulus, Michigan 48174, on the basis of the unit price bid previously authorized in Council Resolution No. 299-74, adopted on April 24, 1974 and in accord- ance with the provisions set forth in the contract therein authorized; 14458 By Councilman Brown, seconded by Councilman Ventura, it was L #515-74 RESOLVED, that having considered a communication from the City Planning Commission dated May 21, 1974, which transmits its resolution No. 4-98-74, adopted by the Commission on April 30, 1974, with regard to Petition No. 74-4-8-14, submitted by Lindhout Associates requesting site plan approval in connection with a proposal to erect a drive-in canopy for the Michigan National Bank located on the east side of Middlebelt Road between Seven Mile Road and. Vassar in Section 1, the Council does hereby determine pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, to concur in the recommendation of the Planning Commission and Petition No. 74-4-8-14 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission A roll call vote was taken on the foregoing resolution with the following result: AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #516-74 RESOLVED, that having considered the communication from the City Planning Commission dated June 20, 1974, which transmits its resolution No. 6-128-74, adopted by the Commission on June 11, 1974, with regard to Petition No. 74-6-8-21 submitted by Alex Kohner, Architect, requesting approval of a sign design plan submitted in connection with a proposal to erect two (2) signs on an existing building located within the shopping center on the northwest corner of Farmington Road and. Seven Mile Road in the Southeast 1/4 of Section 4, the Council does hereby determine pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, to concur in the recommendation of the Planning Commission and Petition No. 714-6-8-21 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, Bennett, Bishop and Nash. NAYS. McCann. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #517-74 RESOLVED, that having considered a communication from the Water and Sewer Board dated April 24, 1974, which bears the signature of the Finance Director and is approved for submission by the Mayor and which arm transmits its resolution No. WS 1943 3/74, the Council does hereby determine to concur in and approve of the adjustment of sewer connection charges at two (2) locations referred to as being Volkswagon and Hercules Steel, and 14459 for this purpose authorizes the Public Utility Manager, City Clerk and City Treasurer to do all things necessary or incidental to the full performance of this resolution By Councilman Ventura, seconded by Councilman Bennett, it was #518-74 RESOLVED, that having considered a communication from the law firm of Gregory and Gregory dated May 17, 1974, submitted in behalf of Ever Seven Sports Club, a Michigan Non Profit Corporation, 27531 Grand River Avenue, Livonia, Michigan, the Council does hereby determine to take this means to indicate that the said organization as of this time does not qualify as a recognized non-profit organization in the community; and the City Clerk is 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 Ventura, Raymond, Brown, and Bennett. NAYS: McCann, Bishop and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McCann, it was #519-74 RESOLVED, that having considered the report and recommendation dated June 3, 1974 from the Acting City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to the Van Allen Builders Incorporated, 30233 Southfield Road, Southfield, Michigan 48076, the Proprietor of the Parkway Apartments, of the Financial Assurances previously deposited with respect to the General Improvement Bond, in the amount of $15,800.00, $1,580.00 being in cash, and further releases the Sidewalk Bond in the amount of $2,500 00, $1,250.00 being in cash, the same having been deposited with the City in accordance with Council Resolution No 867-69 adopted on August 6, 1969 to guaranty the City's installation of improvements for the Parkway Apartments in the southeast 1/4 of Section 32, it appearing from the aforementioned report of the Acting City Engineer that all required 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. Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS. None. By Councilman Bennett, seconded by Councilman Brown, it was L #520-74 RESOLVED, that having considered the recommendation of the Director of Public Works dated May 29, 1974, which bears the signature of the Finance Director and is approved for submission by the Mayor, and having also considered a communication dated May 21, 1974 from the Assistant Engineer of Traffic and Safety, Board of Wayne County Road 1446o Commissioners, in connection therewith, and having considered the necessity for the installation of traffic signal control devices to be located at the intersection of Farmington and West Chicago, the Council does hereby authorize the installation of same, further, the Council having been advised that the estimated cost of the proposed Traffic Signal installation is $5,140.00 does hereby approve of the City assuming 50% of the total actual cost of such installation and for this purpose does hereby authorize the expenditure of a sum not to exceed $2,570.00 from Motor Vehicle Highway Fund receipts (Major Road Account), and further, the City does hereby agree to pay the monthly electrical energy charges for such installation to the Detroit Edison Company upon completion of the installation and in this regard the City Clerk is authorized to request the Detroit Edison Company to install the electrical service required herein, further, it is the understanding of the City Council that the County will assume the full cost of maintaining the signals, and the Board of Wayne County Road Commissioners is hereby requested to cause such traffic signals to be installed at the aforesaid location in an expeditious manner; and the City Clerk and City Treasurer are herein authorized to do all things necessary to the full performance of this resolution, and the City Clerk is also requested to send a certified copy of this resolution to the Board of Wayne County Road Commissioners to the attention of the Engineer of Traffic and Safety. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #521-74 RESOLVED, that having considered a communication from the Department of Law, dated April 9, 1974, approved for submission by the Mayor, with regard to a proposed exchange of land between the City of Livonia and Chatham Super Markets, Inc. , the Council does hereby authorize the Mayor and City Clerk to execute a Real Property Exchange Agreement, a Quit Claim Deed, and an Easement Agreement, the pertinent provisions of which are described in the aforesaid communication and whereby the following conveyances would be made. (1) Chatham Super Markets shall convey by Warranty Deed to the City of Livonia a parcel described as follows• That part of the northeast 1/4 of Section 19, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point distant south 89 degrees 56 minutes 00 seconds west 1052.67 feet and south 0 degrees 19 minutes 42 seconds east 60 feet from the northeast corner of said Section 19 and proceeding thence south 89 degrees 56 minutes 00 seconds west 130.50 feet, thence south 0 degrees 00 minutes 4o seconds west, 460 59 feet, thence south 89 degrees 59 minutes 20 seconds east 130.50 feet, thence north 0 degrees 00 minutes 4o seconds east, 460.77 feet to the point of beginning. 14462 *Councilman Ventura abstained from voting, which is recorded as a "yes" vote under the provisions of Section 2-119 of the Livonia Code of Ordinances. Councilman McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING TITLE 8, CHAPTER 2 (MISDEMEANORS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 8-252 THERETO. The foregoing Ordinance, when adopted, is filed in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #523-74 RESOLVED, that having considered a communication from the lisSuperintendent of Parks and Recreation dated June 18, 1974, approved by the Finance Director, and approved for submission by the Mayor Pro Tem, the Council does hereby authorize the Parks and Recreation Department together with the Budget Director to do all things necessary in order to advertise and thereafter obtain bids to be submitted to Council for the construction of a 12-foot high cyclone fence for the purpose of enclosing the tennis courts located at Wilson Acres Park in accordance with provisions of law and City Charter. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #524-74 RESOLVED, that having considered a communication from the Fire Chief dated June 17, 1974 approved by the Director of Public Safety - Fire and the Finance Director, and approved for submission by the Mayor Pro Tem, the Council does hereby determine to authorize the Fire Department and the Finance Director to do all things necessary to advertise and obtain bids to be submitted to Council for the purchase of ten (10) Mobile Radios, three (3) Walkie-Talkies, twelve (12) Replacement Batteries for Walkie- Talkies, one (1) Back-Up Base Station, two (2) Tone and Coders, and six (6) Receivers and Tone Decoders in accordance with provisions of Law and City Ordinance. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #525-74 RESOLVED, that having considered a communication from the Denmar Estates Subdivision dated June 24, 1974 and a petition in support thereof 14463 bearing approximately 152 signatures, wherein a request is made for the development of nature trails and certain other action in connection therewith located at the Denmar Park located on the north side of Curtis at Fairway Drive in Section 8, the Council does hereby determine to refer this matter to the Committee of the Whole for the purpose of conducting a meeting on July 22, 1974 at 7.00 P. M. at which time the presence of the Mayor, the Parks and Recreation Commission and representatives of the Denmar Estates Subdivision is requested in order to discuss this matter. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #526-74 RESOLVED, that having considered a communication from Mr Tom Demitroff, 9029 Louisiana, Livonia, Michigan dated June 10, 1974, wherein a request is made for the refund of a $3.00 dog license fee, the Council does hereby determine to appropriate and authorize the expenditure of the sum of $3.00 from the Unexpended Fund Balance Account for the purpose of making the said refund to Mr. Demitroff, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #527-74 RESOLVED, that having considered a communication from the Livonia Electrical Board of Examiners dated June 6, 1974, wherein a request is made for travel and education funds, the Council does hereby determine to refer the same to the Finance Director for information and possible inclusion in the next City Budget. By Councilman Ventura, seconded by Councilman McCann,it was #528-74 RESOLVED, that having considered a communication from the Personnel Director dated June 26, 1974, which bears the signature of the Finance Director and is approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on May 7, 1974 wherein a request is made for an additional appropriation in connection with various functions of the Personnel Department, the Council does hereby determine to appropriate the sum of $950 00 from the Unexpended Fund Balance Account to the following accounts in the following amounts Account & Number Amount Maintenance of Office Equipment 220-934 $ 50 00 Miscellaneous 236-756 200.00 Interview Board 236-825 200 00 Publishing 236-905 500 00 Total $ 950 00 A roll call vote was taken on the foregoing resolution with the following result. AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. 14464 By Councilman McCann, seconded by Councilman Bishop, it was #529-74 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated June 12, 1974, approved by the Director of Public Works and the Finance Director, and approved for submission by the Mayor Pro Tem, the Council does hereby accept the unit price bid of Highway Maintenance and Construction Company, 1300 Souter Boulevard, Troy, Michigan, for the 1974 Concrete Pavement Joint and Crack Sealing Program for the estimated cost of $14,965.00 based on the Operations Division estimate of units of work involved, and subject to a final payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work, and the Director of Public Works is hereby authorized 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: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash NAYS None. By Councilman Ventura, seconded by Councilman Brown, it was #530-74 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated June 25, 1974, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Herbert Jennings, Inc. , P 0. Box 308, Litchfield, Michigan, for supplying the City with Playground and Recreation Equipment for the price of $2,980.86, the same having been in fact the lowest bid received for all of the items to be purchased and meets specifications for the same. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #531-74 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated June 26, 1974, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Michigan Roofing & Sheet Metal, Inc. , 20789 Orchard Lake Road, Farmington, Michigan 48024 for the repair of roofs over the locker rooms at Ford Arena and the roof over the office and warming area at Devon-Aire Arena for the price of $3,800 00, the same having been in fact the lowest and only bid received and meets specifications for this item, further, the Council does hereby appropriate and authorize the expenditure of the sum of $3,800.00 from the 4.4 million dollar Parks and Recreation General Obligation Bond Issue for this purpose; 14465 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: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #532-74 RESOLVED, that as a result of the meeting conducted by the Committee of the Whole, pursuant to Council Resolution No. 304-74, with regard to proposed revisions to the City's General Licensing Ordinances and Procedures submitted by the City Clerk, the Council does hereby determine to refer the matter of a Business Registration Ordinance to the Department of Law, City Clerk and. City Assessor for their report and recommendation, but with respect to the General Licensing Ordinance determines to leave the same in the Committee of the Whole for further consideration. By Councilman Brown, seconded by Councilman Bishop, and unanimously L adopted, it was #533-74 RESOLVED, that having considered a communication from the Mayor dated June 28, 1974, the Council does hereby approve of and concur in the appointment of Mrs. Suzanne H. Taylor, 18265 Norwich, Livonia, Michigan to the City Planning Commission for a term expiring June 9, 1977, providing that Mrs. Taylor takes the oath of office as required in Section 3, Chapter X of the City Charter, to be administered by the City Clerk. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #534-74 RESOLVED, that having considered a communication from the Mayor dated June 28, 1974, the Council does hereby approve of and concur in the appointment of Mr. Herman H Kluver, 1464o Fairway Drive, Livonia, Michigan to the City Planning Commission for a term expiring June 9, 1977, providing that Mr. Kluver takes the oath of office as required in Section 3, Chapter X of the City Charter, to be administered by the City Clerk. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #535-74 RESOLVED, that having considered a communication from the Mayor dated June 28, 1974, the Council does hereby approve of and concur in the appointment of Mr. William P Scruggs, 14347 Sunbury, Livonia, Michigan to the City Planning Commission for a term expiring June 9, 1977, providing that Mr. Scruggs takes the oath of office as required in Section 3, Chapter X of the City Charter, to be administered by the City Clerk. 14466 By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #536-74 RESOLVED, that having considered a request from the Devon-Aire Woods Civic Association in a communication dated June 20, 1974, the Council does hereby determine to grant permission to the said Civic Association to conduct their annual Corn Roast at the Devon-Aire Woods Park on August 17, 1974 from 8.00 P M. to 1.00 A M. , subject to approval of the Police Department. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #537-74 RESOLVED, that having considered a letter dated June 24, 1974 from the Madonna Civic Association requesting permission to block off the corner of Scone and Woodside Avenues on August 10, 1974 from 8:00 P. M to 12:00 P. M. for the purpose of conducting an Association Street Dance, the Council does hereby determine to grant permission as requested, the action taken herein being subject to approval of the Police Department. *Councilman Bishop was excused at 9 20 P. M. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #538-74 RESOLVED, that having considered a letter dated June 20, 1974 from Mrs. James Grenier, 33505 Michele, Livonia, Michigan 48150 requesting permission to block off Michele Street west of Farmington Road and north of Joy Road on August 17, 1974 from 4.00 P. M. to 10:00 P M for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, the action taken herein being subject to the approval of the Police Department, and subject to timely notice being provided by the petitioner to all residents on Michele between West Chicago and Joy Road of the said Block Party. *Councilman Bishop returned at 9.21 P. M By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #539-74 RESOLVED, that having considered Petition No. 74-6-3-8 submitted by Mssrs. Patrick J. OrHara and Stanley LeRash of Chalet Lounge, dated June 27, 1974 wherein a request is made for the vacating of (and/or conveyance of) certain city-owned property located on the Western boundary line of 39293 and the Eastern boundary of 39305 Plymouth Road, City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of Law and City Ordinance. 14467 By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #540-74 RESOLVED, that having considered Petition No. 74-6-3-9 submitted by Karen F. Kiefner, 18710 Milburn, Livonia, Michigan, dated June 27, 1974, wherein a request is made for the vacating of three feet of a nine-foot easement at the said location, being further described as follows. 15 Feet of Lot 221 South 30 Feet of Lot 220 Beverly Gardens Sub-Division the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of Law and City Ordinance. By Councilman Bishop, seconded by Councilman Brown, and unanimously adopted, it was #541-74 RESOLVED, that having considered a communication dated June 14, 1974 from the Department of Law transmitting for acceptance a Warranty Deed executed on June 10, 1974 by Kathryn F. Hanson, and Robert R Peterson and Lynn Peterson, his wife, conveying to the City the following described property. That part of the Southeast 1/4 of Section 5, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as the East 247.50 feet of the West 1/2 of the West 1/2 of the Southeast 1/4 of Section 5, except the South 716 feet thereof, as measured from the South line of Section 5, containing 11 00 acres, more or less. (part of tax item #05H2a2, H2b) the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Warranty Deed and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds, and to do all other things necessary or incidental to the full performance of this resolution, further, the City Assessor is hereby requested to do all things necessary to have the said property removed from the tax rolls as being City owned and exempt. By Councilman Bishop, seconded by Councilman Brown, and unanimously adopted, it was #542-74 RESOLVED, that having considered a communication from the Department of Law, dated June 20, 1974, transmitting for acceptance a Quit Claim Deed executed on May 16, 1974 by the Junior Achievement of South- eastern Michigan, Inc. , by Edward P Nagel, executive vice president, conveying 14468 The South 43 feet of the following described parcel. The E. 363 feet of the S. 1/2 of the S. E. 1/4 of the S. E. 1/4 of the N. E. 1/4 of Section 21, T. 1 S. , R. 9 E , City of Livonia, Wayne County, Michigan, except the West 165 feet of the S. 198 feet thereof also except the easterly part thereof measuring 57.47 feet on the N. line and 60 feet on the S. line of said parcel. (Bureau of Taxation Parcel 2111a) (Lyndon Avenue right-of-way) the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Quit Claim Deed and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. By Councilman Bennett, seconded by Councilman McCann, it was #543-74 WHEREAS, by resolution adopted March 11, 1967, No. 284-67, as amended, the City Council did authorize issuance and sale of City of Livonia, Michigan, Industrial Development Revenue Bonds (Allied Super- markets, 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 execution of a certain mortgage and indenture of trust to secure said bonds, and. WHERE4S, 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 thereto coupons corresponding in all respects 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 duplicate 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." 14469 WHEREAS, the City Clerk has been advised that Detroit Bank & Trust, Detroit, Michigan in an affidavit reports did mail 33 interest coupons on the above bond issue due April 1, 1997 for Certificates No. 3349-3381, said coupons being in the amount of Four Thousand Nine Hundred and Fifty Dollars, as having been stolen, and which coupons have never arrived at the Franklin National Bank, the Paying Agent, and are lost, 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 payment of said coupons as authorized by the aforesaid mortgage and indenture 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 Franklin National Bank, 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 Royal Globe Insurance, 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 Iry subject to Paragraph 2 of this resolution. 2. The said interest coupons shall not be paid as required by Paragraph 1 of this resolution unless and until (a) Detroit Bank & Trust Co. , Detroit, Michigan provides evidence of ownership of said coupons and 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, Franklin National Bank, and (b) Detroit Bank & Trust Co. , Detroit, Michigan 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, Franklin National Bank, 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. Ventura, Raymond, Brown, McCann, Bennett, Bishop and. Nash. LNAYS: None. 14470 By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #544-74 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 (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, September 9, 1974, at 8.00 P M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items. 1. Petition No. 74-5-1-10 submitted by the City Planning Commission on its own motion for a change of zoning for property located between Six and Seven Mile Roads and Brookfield and Merriman Roads in Section 10 from RUF to P.L. , the City Planning Commission having in its resolution No. 6-119-74 recommended to the City Council that Petition No. 74-5-1-10 be approved, 2. Petition No. 74-5-1-11 submitted by the City Planning Commission on its own motion for a change of zoning of property located south of Plymouth Road between Farmington Road and Loveland in the Northwest 1/4 of Section 34 from R-1 and R-7 to P.L. , the City Planning Commission having in its resolution No. 6-120-74 recommended to the City Council that Petition No. 74-5-1-11 be approved; 3. Petition No. 74-2-1-5 submitted by Marathon Oil Company for a change of zoning of property located in the northeast corner of Plymouth and Newburgh Roads in the Southwest 1/4 of Section 29, from C-1 to C-3, the City Planning Commission having in its resolution No. 6-122-74 recommended to the City Council that Petition No. 74-2-1-5 be approved; 4. Petition No. 74-5-1-12 submitted by Radnothy, Taylor, Schanz and Tower for a change of zoning of property located at the Southwest corner of West Chicago and Houghton in the Southeast 1/4 of Section 31, from C-1 to P.S. and R-1 to P, the City Planning Commission having in its resolution No. 6-118-74 recommended to the City Council that Petition No. 74-5-1-12 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 low (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 14471 as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #545-74 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 August, 1974: Wednesday, August 7, 1974 and Wednesday, August 21, 1974. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #546-74 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated June 13, 1974 and submitted pursuant to Council Resolution No. 811-72, with regard to a communication from the City Engineer dated August 15, 1972, approved by the Director of Public Works and approved for submission by the Mayor, in connection with the proposed opening and extending of Stark Road from Lyndon Avenue to Five Mile Road in the Northeast 1/4 of Section 21, and in view of the plan for a loop road as set forth in the Planning Department's development plan for this area and the report of Barton-Aschman Associates, Traffic Consultants, the Council does hereby determine to take no further action with respect to this matter. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #547-74 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated June 13, 1974 and submit- ted pursuant to Council Resolution No. 123-73, with regard to a prior report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973, and in connection therewith a communication from the Mayor dated April 22, 1971, to which were attached communications from the Traffic Commission, the City Engineer and the 0 I.0 of the Traffic Bureau of the Police Division, in connection with the matter of parking on Plymouth Road, the Council does hereby determine to concur in a policy established by the Traffic Commission in its Resolution No. 14-73 that as adequate off-street parking becomes available, parking on Plymouth Road right-of-way shall be prohibited, and further, that a thirty-day notice of such prohibition be given to merchants as off-street parking facilities become available. 14472 By Councilman Raymond, seconded by Councilman Bennett, it was #548-74 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated June 13, 1974 and submitted pursuant to Council Resolution No. 829-73, with regard to a communication from the City Engineer dated September 7, 1973, approved by the Director of Public Works and approved for submission by the Mayor, regarding construction of sidewalks at existing driveways, the Council does hereby determine to establish a policy that sidewalks be continuous through driveways for all new construction and that sidewalks also be continuous through driveways in all other cases; provided, however, that where implementation of this policy would not be feasible because of existing conditions, this requirement may be waived at the discretion of the City Engineer in accordance with guidelines which shall have been previously established by the Engineering Division A roll call vote was taken on the foregoing resolution with the following result. AYES. Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS• Ventura. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #549-74 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated June 13, 1974 and submitted pursuant to Council Resolution No. 868-73, with regard to a communication from the City Engineer dated September 25, 1973, approved by the Director of Public Works and approved for submission by the Mayor, in connection with a proposal concerning the standardization of special assessment paving rates, the Council does hereby determine that based upon certain legal considerations to take no further action with respect to this matter. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #550-74 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated June 13, 1974 and submitted pursuant to Council Resolution No. 171-74, with regard to a communication from the Mayor dated Februaryl4, 1974, in connection with a proposal to establish a policy to construct six-foot wide sidewalks on major mile roads which would be designated as a bikeway as well as a pedestrian walkway, the Council does hereby determine to refer this matter to the Livonia Bike Committee for a further study and report as to the width of sidewalks to be utilized by bicyclists taking into account the following factors (a) use of sidewalk by pedestrians (b) widths of various handlebar spans 14473 (c) standards established by other communities for this type of use (d) curb drops and their location (e) additional maintenance and snow removal costs necessitated by construction of wider sidewalks and the Department of Law is hereby requested to submit its comments on the use of sidewalks by bicycle riders as the same may be affected by any applicable state statute or city ordinance. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #551-74 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated June 13, 1974 and submitted pursuant to Council Resolution No. 254-74, with regard to a communication from the Mayor dated March 20, 1974, in connection with a proposal to charge a $2.00 bicycle registration fee, the Council does hereby determine that no change in bicycle registration fees be made at this time. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #552-74 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated June 13, 1974 and submitted pursuant to Council Resolution No. 323-74, with regard to the affect of increased costs on residential street paving, the Council does hereby determine to request that the City Engineer submit proposals as to additional alternative standards with respect to residential street paving at such times as individual road improvement proposals are presented to the Council. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #553-74 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated June 13, 1974 and submitted pursuant to Council Resolution No 347-74, regarding the matter of establishing a policy concerning the turn back of seal coat roads to gravel, the Council does hereby determine to establish a Turn Back Committee to be composed of the Director of Public Works, Superintendent of Operations and the Chairman of the Streets, Roads and Plats Committee or his designated representative, which committee shall submit its report to the Council prior to any future turn back of a road from seal coat to gravel By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was 14474 #554-74 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated June 13, 1974 and submitted pursuant to Council Resolution No 399-74, with regard to a communication from the Traffic Commission dated May 7, 1974, concerning traffic problems in the area of Beatrice and Hoy, the Council does hereby determine to refer this matter to the City Engineer for his report and recommendation. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #555-74 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 CHAPTER 1 (BUILDING CODES) OF TITLE 7 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, TO READOPT BY REFERENCE THE BOCA BUILDING CODE AND TO PROVIDE THE CERTAIN MODIFICATIONS THEREIN AND ITS APPLICATION TO THE CITY OF LIVONIA. The foregoing Ordinance, when adopted, is filed in the office of the City Clerk and is the same as if word, for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Bennett, it was #556-74 RESOLVED, that having considered a communication dated April 9, 1974, from the City Planning Commission, which transmits its resolution No. 4-70-74, adopted by the Commission on April 2, 1974, with regard to Petition No. 74-3-2-3, submitted by Fred J. Armour, requesting permission to construct an addition to house auto repair services onto the existing Firestone Tire Center located on the east side of Middlebelt Road between Jamison and Elsie in Section 24, as a waiver use on property zoned C-2, and the Council having conducted a public hearing with respect to this matter on June 3, 1974, pursuant to Council Resolution No. 324-74, the Council does hereby reject the recommendation of the City Planning Commission and said Petition No. 74-3-2-3 is hereby approved and granted, such approval to be based upon the following conditions. (1) the site shall be improved by the installation of a greenbelt planting strip along the full distance of the south property line except for the building and at a width of no less than six feet, (2) a five-foot planting strip shall be provided along the west property line between the central ingress and egress drive and the six-foot greenbelt; 14475 (3) a six-foot public sidewalk shall be installed within the public right-of-way, (4) all planting areas shall be protected by raised curbs or wheel stops; (5) the six-foot greenbelt will be improved with the installation of four crabapple trees, Van Eseltine, and that the five-foot planting strip will be improved with the installation of six 2' to 3' dwarf burning bush, all of the above to be mulched with 4"-6" of wood chips and permanently maintained and kept in a healthy condition. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Bennett and Nash. NAYS: Brown and Bishop. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Brown, it was #557-74 RESOLVED, that having considered a communication dated May 21, 1974 from the City Planning Commission, which transmits its resolution No. 4-93-74, adopted by the Commission on April 30, 1974, with regard to Petition No. 74-3-2-6 submitted by Frankel Associates requesting permission to construct a two-story office building for savings and loan offices and general office tenants as a waiver use on property zoned P.S , located on the South side of Six Mile Road, between Newburgh Road and Farmington Road in Section 17, and the Council having granted waiver use approval with respect to this petition in its resolution No. 474-74 adopted on June 19, 1974, the Council does hereby determine to approve the proposed site plan, dated June 19, 1974, such approval to be based upon the following additional conditions. (1) That all mechanical equipment installed on the roof shall be screened from public view. (2) That all landscaping areas shall be provided with a sprinkler system. (3) That the greenbelt along the easterly property line shall have twice the amount of conifer plant material as shown on the approved landscape plan. (4) That the undeveloped land as shown on the site plan and as indicated for future development shall be temporarily improved by the installation of sod. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. 14476 By Councilman Raymond, seconded by Councilman Ventura, it was #558-74 RESOLVED, that having considered the communication from the Personnel Director dated July 8, 1974, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on June 27, 1974, wherein the Commission recommends that the Council concur in a proposed three-year contract to be entered into by and between the City of Livonia and the Livonia Police Officers' Association for the period from December 1, 1973 through November 30, 1976, and that the necessary amendments to the Compensation Plan, the Retirement Plan, and the Insurance and Disability Plan required in order to effectuate the provisions set forth in the aforesaid agreement be approved, the Council does hereby determine to approve of and concur in the aforesaid action; and the Mayor and City Clerk are hereby authorized to affix their signatures to the aforesaid contract for and on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution, further, in order to implement the aforesaid action for the fiscal year commencing December 1,1973 through November 30, 1974, the Council does hereby determine to appropriate and authorize the transfer of the sum of $121,325.00 from Federal Revenue Sharing Funds to the following accounts in the following amounts Employee Benefits Account No. Division Salaries Acct. No. 702 Acct. No. 714 im. 301 Traffic Bureau $ 6,302 $ 1,053 307 Detective Bureau 3,204 725 316 Youth Bureau 6,511 1,046 323 Special Services 20,259 3,451 325 Patrol Bureau 50,334 8,880 329 Intelligence Bureau 5,512 829 332 Community Service Officers 11,022 2,197 Total $103,144 $18,181 A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 12 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. (Petition No. 73-12-1-37) The foregoing Ordinance, when adopted, is filed in the office of the City Clerk and is the same as if word for word repeated herein. 14477 The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Bishop, seconded by Councilman Brown, and unanimously adopted, it was #559-74 RESOLVED, that the Council hereby requests that representatives of the firm of Coopers & Lybrand, Certified Public Accountants, and the administration meet with the Committee of the Whole on Tuesday, July 16, 1974 at 8.00 P. M. to review the independent audit and examination of the various funds of the City of Livonia for the fiscal year ended November 30, 1973, the Water and Sewer Fund for the fiscal year ended February 29, 1974, as recently conducted and completed by said firm and transmitted this date by the City Clerk. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, this 789th regular meeting of the Council of the City of Livonia, was duly adjourned at 9.45 P. M., July 10, 1974. AJJUi5ON W a CON, y erk •