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Home My WebLink AboutCOUNCIL MINUTES 1977-12-14 16744 imi MINUTES OF THE EIGHT HUNDRED AND SEVENTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 14, 1977, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:05 P. M.. Councilman Brown delivered the invocation. Roll was called with the following result Present--Robert E. McCann, Robert F. Nash, Jerry Raymond, Peter A. Ventura, Robert D. Bennett and Jerry H. Brown. Absent-- Robert R. Bishop. Elected and appointed officials present Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney, Frances S. Stem, Deputy City Clerk, Jack Dodge, Director of Finance, G. E. Siemert, City Engineer, Ronald Mardiros, City Assessor, John Nagy, City Planner, Robert Turner, Police Chief,Russell Gronevelt, Superintendent of Public Service, and Michael Reiser of the Water and Sewer Board. LBy Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #1084-77 RESOLVED, that the minutes of the 871st Regular Meeting of the Council of the City of Livonia, held November 21, 1977, are hereby approved. By Councilman Raymond, seconded by Councilman Brown, and unanimously adopted, it was #1085-77 RESOLVED, that the minutes of the 169th Special Meeting of the Council of the City of Livonia, held December 9, 1977, are hereby approved. The communication dated December 6, 1977 from the Local Officers Compensa- tion Commission, with respect to their determination regarding Elected Officials Salaries, was received and filed for the information of the Council. The communication dated November 18, 1977 from the Director of Finance, transmitting various financial statements of the City of Livonia for the month ending October 31, 1977, was received and filed for the information of the Council. 16745 The communication dated November 28, 1977 from the Department of Law, with respect to Wayne County Circuit Court Civil Action No. 73-252-483-CZ (Radio Amateurs vs City of Livonia) was received and filed for the information of the Council. The communication dated November 14, 1977 from the CETA Program Administrator, transmitting a report on CETA Program Enrollees, was received and filed for the information of the Council. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 18 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE- PETITION NO. 77-5-1-14 FOR CHANGE OF ZONING FROM R-2-A AND R-3-B TO P.L. A roll call vote was taken on the foregoing Ordinance with the following result AYES. Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZON- ING ORDINANCE, " BY ADDING SECTION 3._THERETO. RE PETITION 77-5-1-15 FOR CHANGE OF ZONING FROM RUF TO C-1. A roll call vote was taken on the foregoing Ordinance with the following result. AYES• Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS None. 16746 The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Nash, seconded by Councilman Brown, it was #1086-77 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated November 15, 1977, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of Haggerty Lumber & Supply Co., 2055 Haggerty Highway, Walled Lake, Michigan 48088, for supplying the Public Service Division (Park Section) with lumber for park picnic tables for a price in the total amount $2058.75, the same having been in fact the lowest bid received and meets all specifications A roll call vote was taken on the foregoing resolution with the following result AYES- Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS' None. By Councilman Raymond, seconded by Councilman Nash, it was #108T-77 RESOLVED, that having considered the report and recommenda- tion of the Superintendent of Public Service, dated November 18, 1977, which bears the signature of the Director of Finance, is approved by the Mayor, the Council does hereby determine to accept the bid of N. Leone & Sons, Inc., 30660 Plymouth Road, Livonia, Michigan 48150, for supplying the Public Service Division (Building Maintenance Section) with paper supplies for a price in the total amount of $6617.43, the same having been in fact the lowest bid received and meets all specifi- cations. A roll call vote was taken on the foregoing resolution with the following result. AYES' Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #1088-77 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated November 18, 1977, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of Petoskey Plastics Inc., U.S. 31 South (Drawer F), Petoskey, Michigan 49770, for supplying the Public Service Division (Building Maintenance Section) with Plastic Liners for the Unit Prices and in the total amounts set forth in the attachment to the aforesaid communication, the same having been in fact the lowest bid received which meets all specifications. A roll call vote was taken on the foregoing resolution with the following result- AYES' Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. 16747 By Councilman Nash, seconded by Councilman Brown, it was #1089-77 RESOLVED, that having considered the report and recommenda- tion of the Superintendent of Public Service, dated November 22, 1977, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submisd3.on by the Mayor, the Council does hereby determine to accept the bid of Asphalt Products Corporation, 27575 Wixom Road, Novi, Michigan 48050, for supplying the Public Service Division (Road Maintenance Section) with Bituminous material at the Unit Prices Bid which are estimated to be in the total amount of $65,740.00 for the period through December 31, 1978, the same having been in fact the lowest bid received and meets all specifications, further, the Council does hereby determine that in the event the aforesaid low bidder is unable to furnish the said bituminous material on any given day, that the bid of Allied Chemical Corporation, 13501 Huron River Drive, Romulus, Michigan 48174, which is in the estimated total amount of $68,150.00, shall hereby-1)e accepted as an alternate source for supplying the said bituminous material at the unit prices bid for the period through December 31, 1978, inasmuch as the same was the second lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result AYES Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Nash, it was RESOLVED, that having considered a communication from the Director of Finance, dated November 9, 1977, approved for submission by the Mayor, and to which is attached the annual membership dues notice for 1977 from The United States Conference of Mayors in the amount of $2250.00, the Council does hereby determine to authotize the payment of the same and in this regard requests that the City Clerk and City Treasurer do all things necessary or incidental to the full performance of this resolution. By Councilman Nash, seconded by Councilman Bennett, it was #1090-77 RESOLVED, that having considered a communication from the Director of Finance, dated November 9, 1977, approved for submission by the Mayor, and to which is attached the annual membership dues notice for 1977 from The United States Conference of Mayors in the amount of $2250.00, the Council does hereby determine to refer this matter back to the Mayor for his report and recommendation with respect to the same. A roll call vote was taken on the foregoing resolution with the following result: AYES Ventura, Bennett, Nash and McCann. NAYS. Brown and Raymond. The President declared the resolution adopted. 16748 By Councilman Ventura, seconded by Councilman Nash, it was #1091-77 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated October 28, 1977, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to certain additional gasoline costs which have been incurred during the current budget year by the Division of Police, the Council does hereby deter- mine to increase budgeted Revenue Account No. 101-000-665 in the amount of $17,200.00, and to thereafter appropriate and authorize the transfer of a like amount from the aforesaid account to Account No. 101-309-751, the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #1092-77 RESOLVED, that having considered a communication from the Chief Librarian, dated October 31, 1977, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby determine to authorize the transfer of the sum of $650.00 from Account No. 101-738-864.015 (Travel & Education-Commission) to Account No. 101-738-978 (Capital Outlay-Books), the action herein being taken for the reasons indicated in the aforesaid communication. . A roll call vote was taken on the foregoing resolution with the following result: AYES Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS None. By Councilman Nash, seconded by Councilman Brown, it was #1093-77 RESOLVED, that having considered the report and recommendation from the City Engineer, dated November 7, 1977, approved by the Director of Finance and the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated November 7, 1977, the Council does hereby authorize Final Payment in the amount of $4653.18 to Chemi-Trol Chemical Company, 2776 C.R. 69, Route 1, Gibonsburg, Ohio 43431, which sum includes the full and com- plete balance due on a contract dated August 26, 1977 in the amount of $4560.13, the actual contract amount completed to date being $4653.18, in connection with the 1977 Lane Line Marking Program (Contract 77-J), it appearing from the aforementioned report that all work under the said contract has been completed in accordance with city standards and specifications, and that the necessary contractor's affidavit and maintenance and guarantee bond have been filed; further, the Council does hereby appropriate an additional sum in the amount of $93.05 from Motor Vehicle Highway Fund receipts (Major Road Account) for this purpose, and. the City Clerk and. City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 16749 A roll call vote was taken on the foregoing resolution with the following result. AYES• Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #1094-77 RESOLVED, that having considered the report and recommendation from the City Engineer, dated November 3, 1977, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Gordon-Begin Company, 31530 Dolly Madison Drive, Madison Heights, Michigan, the proprietor of Lou-Har Subdivision, located in the S. E. 1/4 of Section 23, the Financial Assurances previously deposited with respect to improvements and which were deposited pursuant to Council Resolution 1199-66 adopted on November 28, 1966, as thereafter subsequently amended, including the action taken in Council Resolution 1127-67 adopted on November 1, 1967 and Council Resolution 376-68 adopted on April 22, 1968, to guaranty the satisfactory installation of such improvements in the Lou-Har Subdivision, the action herein being taken for the reasons indicated in the aforementioned 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: Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #1095-77 RESOLVED, that having considered the report and recommendation from the City Engineer, dated November 7, 1977, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Livonia Industrial Group, 17220 W. Twelve Mile Road, Southfield, Michigan 48075, the proprietor of the Michael Kerby Subdivision, of the Cash Escrow in the amount of $605.00 previously deposited with respect to the installation of Survey Monu- ments and Markers within the said subdivision, and which was deposited with the City in accordance with Council Resolution 955-75, as there- after subsequently amended in Council Resolution 181-76 and 574-76; further, the Financial Assurances now on deposit with the City for General Improvements and Sidewalk Improvements shall remain the same and unchanged, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer, 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 Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. 16750 By Councilman Raymond, seconded by Councilman Nash, it was #1096-77 RESOLVED, that having considered a communication from the City Engineer, dated November 14, 1977, approved by the Director of Public Works and the City Attorney and approved for submission by the Mayor, and to which is attached a proposed Agreement between the City of Livonia and the Wayne County Road Commission wherein the County would be permitted to outlet 6.5 c.f.s. into the City's sewer system in conjunction with the City's Six Mile Road Paving Program, the Council does hereby determine to authorize the Mayor and City Clerk for and on behalf of the City of Livonia to affix their signatures to the said Agreement in the manner and form herein submitted, 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• Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Nash, it was #1097-77 RESOLVED, that having considered a communication from the City Engineer, dated November 10, 1977, approved by the Director of Public Works and the City Attorney and approved for submission by the Mayor, and to which is attached a proposed Agreement between the City of Livonia and the Wayne County Road Commission wherein the County would be permitted to outlet 3.0 c.f.s. into the City's storm sewer system located along the west line of the Butler Paper Company site as part of a pavement widening lane being constructed on Plymouth Road, the Council does hereby determine to authorize the Mayor and City Clerk for and on behalf of the City of Livonia to affix their signatures to the said agreement in the manner and form submitted; 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: Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #1098-77 RESOLVED, that the Council having adopted resolution 544-77 at its regular meeting held June 15, 1977, requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed street improvement on Deering Avenue in the N. E. 1/4 of Section 12, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of 16751 parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and speci- fications therefor and, an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the num- ber of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and, specifications, and recommendations have been properly filed by the City Engineer with the City Clerk under date of November 4, 1977, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, February 27, 1978, at 8.00 P. M. as the date and time for a PUblic Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said. Code. The communication from John Strubank, dated November 4, 1977, with regard to an Ordinance Amendment which would allow citizens a grace period to park unlicensed cars, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1099-77 RESOLVED, that having considered a communication from the Zoning Board of Appeals, dated November 14, 1977, with respect to Section 3.608(a) of the Livonia Code of Ordinances (Swimming Pool Ordinance) which requires a ten foot distance from the water's edge to protective fences, the Council does hereby determine to refer this matter to the Chief Building Inspector for his report and recommenda- tion, including a survey of surrounding communities on this subject. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1100-77 RESOLVED, that having considered a communication from the District Judges of the 16th Judicial District, dated November 14, 1977, with respect to a proposed modification of the Magistrate's Courtroom and other facilities located in the basement of the 16th District Court, the Council does hereby determine to refer this item to the Capital Improvement Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Nash, it was 16752 #7101-77 RESOLVED, that having considered a communication from the Livonia Housing Commission, dated November 7, 1977, approved for submis- L sion by the Mayor, wherein it is indicated that the Commission has fixed an annual salary for the Executive Director in the amount of $12,500.00 with respect to the duties he performs in conjunction with McNamara Towers, and an additional sum in the amount of $2+00.00 annually for the management of Silver Village, the total salary for said position of Executive Director being in the amount of $1+,900.00 annually, the Council does hereby determine to concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Nash, it was #1102-77 WHEREAS, the City of Livonia, State of Michigan has met all other State and Federal requirements for participation in the Federal Property Assistance Program under Public Law 94-519 WHEREAS, it is a requirement that a resolution be adopted by the governing body specifically designating a coordinator as Surplus Property Donee and Custodian, to be responsible for the acceptance and accountability, and authorized to sign for surplus property; NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council for the City of Livonia of the State of Michigan, hereby designates Mr. Robert E. Osborn, who is the authorized coordinator as the person responsible for accepting Federal Surplus Property, with the power and full authority to sign for such surplus property. 2. The coordinator above named is to be held responsible for the accountability and will maintain the necessary records for all surplus property obtained for public purposes until relived from accountability by State and/or Federal authorities. 3. That money is available to pay service charges for surplus property obtained. 4. That the coordinator is further hereby authorized to direct payment of service charges for surplus property to complete all transactions. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS. None. 16753 By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1103-77 RESOLVED, that having considered a communication from the Mayor, dated November 15, 1977, with regard to proposed salary adjustments for various appointed officials, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #1104-77 RESOLVED, that having considered a communication from the City Clerk, dated November 21, 1977, with regard to a proposed salary adjustment for the Deputy City Clerk, which would be based upon an increase of 2%, plus a cost-of-living adjustment of 25¢ per hour, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Bennett, it was #1105-77 RESOLVED, that having considered a communication from the City Engineer, dated October 20, 1977, approved by the Director of Public Works and approved for submission by the Mayor, and to which is attached a communication from the law firm of Shifman & Goodman, P.C., dated October 14, 1977, submitted in behalf of their client, the Kentucky Fried Chicken Restaurant, located at the northwest corner of Plymouth and Arcola, regarding the existence of certain parking problems at the said location, the Council does hereby determine to take this means to indicate its approval of the placement of curb cuts in order to best resolve the said parking problems while minimizing traffic congestion in the area on the basis of the proposed parking lot layout set forth in Sheet No. 7742 dated October 14, 1977, and as revised on November 25, 1977, prepared by Ferruccio P. De Conti, Architect, Southfield, Michi- gan, and the City Engineer is hereby requested to do all things neces- sary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS None. By Councilman Nash, seconded by Councilman Brown, it was #1106-77 RESOLVED, that having considered a communication from the City Planning Commission, dated November 16, 1977, which transmits its resolu- tion 11-245-77 adopted on November 1, 1977, with regard to a sign plan submitted in connection with Petition 76-10-2-20 by Al Green's on the Hill requesting waiver use approval to operate a restaurant within an existing building located within the Wonderland Shopping Center on the south side of Plymouth Road, west of Middlebelt Road, in the Northeast 16754 1/4 of Section 35, the Council does hereby determine to concur in the recommendation of the Planning Commission and the said Sign Plan is hereby approved, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commis- sion. A roll call vote was taken on the foregoing resolution with the following result; AYES: Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #1107-77 RESOLVED, that having considered a communication from the City Planning Commission, dated November 15, 1977, which transmits its resolution 11-233-77 adopted on November 1, 1977, with regard to Petition 77-9-2-21 submitted by Ministrelli Construction Company, Inc., requesting waiver use approval to excavate a portion of the flood plain area located north of Six Mile Road, east of Middlebelt Road, in the Southwest 1/4 of Section 12, which property is zoned RUF, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 77-9-2-21 is hereby approved and granted. A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, Raymond, Ventura, Nash and McCann. NAYS: Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Nash, it was #1108-77 RESOLVED, that having considered a communication from the City Planning Commission, dated November 15, 1977, which transmits its resolution 11-234-77 adopted on November 1, 1977, with regard to Petition 77-9-2-22 submitted by Ministrelli Coag d&tibnCompany, Inc., requesting waiver use approval to fill a portion of flood plain area located on the southeast corner of Six Mile Road and Savoie in the Northwest 1/4 of Section 13, which property is zoned RUF, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 77-9-2-22 is hereby approved and granted, for the same reasons as those set forth in the aforesaid action of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Nash and McCann. NAYS; Bennett. The President declared the resolution adopted. 16755 The communication from the Department of Law dated November 10, 1977, with regard to the use of County Drain funds, City funds or School District's Line of Credit for the construction of a fence along northerly property line of Country Homes Estates No. 2, (CR-940-77), was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Bennett, it was #1109-77 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated November 21, 1977, approved by the Finance ] .rector and approved for submission by the Mayor, with regard to a proposed Lease Agreement between the City of Livonia and Harvey and Pamela Allen with respect to the residence located over the garage and the carriage house at 38125 W. Eight Mile Road at Greenmead, the Council does hereby authorize the Mayor and City Clerk to execute a Lease Agreement with the aforesaid parties for a term commencing January 1, 1978 through December 31, 1978, in the manner and form recom- mended with the inclusion of the two additional conditions referred to in the aforesaid communication, and the Department of Law is hereby requested to prepare the said Lease Agreement for execution as herein authorized. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Brown, it was #1110-77 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated November 21, 1977, approved by the Finance Director and approved for submission by the Mayor, with regard to the method and procedure used by the Commission in acquiring and purchasing historical artifacts and furnishings for the Livonia Historical Village at Greenmead, the Council does hereby determine to authorize the Mayor and City Clerk to execute for and on behalf of the City of Livonia the annual contract with a member of the Livonia Historical Commission, as designated by the Commission, authorizing the purchase by this member of artifacts and furnishings, subject to approv- al by the Commission, which purchases shall be made from and in accord- ance with the attached itemized list of proposed purchases, and with the additional proviso that no individual purchase shall exceed the sum of $500.00, and that the annual cumulative purchases herein authorized shall in no event exceed the total estimated value set forth in the said itemized list as approved, and the Department of Law is hereby requested to prepare the said contract for execution, as herein author- ized. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. 16756 Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE. PETITION NO. ?7-6-1-18 FOR CHANGE OF ZONING FROM RUE TO C-2 AND P. By Councilman Bennett, seconded by Councilman Nash, and unanimously adopted, it was #1111-77 RESOLVED, that having considered a communication from the Department of Law, dated November 3, 1977, and submitted pursuant to Council Resolution 996-77, and which transmits a proposed amendment to the Zoning Ordinance relative to Petition 77-6-1-18 concerning a change of zoning on property located on the south side of Plymouth Road between Levan Road and Edward Hines Drive, in the Northwest 1/4 of Section 32, from RUF to C-2 and P, and which proposed amendment did receive its first reading by Councilman Bennett on December 14, 1977, the Council does hereby determine to table further action with respect to this matter until such time as a report and recommendation has been received from the City Planner regarding certain ingress and egress problems involved herein. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #1112-77 RESOLVED, that having considered a communication from the Action Distributing Company, Inc., dated November 17, 1977, with regard to certain littering and dumping problems in the area of 35901 Veronica, Livonia, Michigan, the Council does hereby refer the same to the Chief Building Inspector for his report and recommendation, further, the City Engineer is requested to submit his report and recommendation concern- ing a request set forth in the aforesaid communication for the installa- tion of a street light in or about 35901 Veronica, Livonia, Michigan. By Councilman Brown, seconded by Councilman Nash, it was #1113-77 RESOLVED, that having considered a communication from the CETA Program Administrator, dated November 22, 1977, approved by the Finance Director and approved for submission by the Mayor, with regard to an invoice received from the Livonia Family "Y" in the amount of $3500.00 for services rendered in the supervision and training of four employees by the Livonia Family "Y", the Council does hereby authorize the making of full payment on the said invoice in the amount of $3500.00, and for this purpose requests that the City Clerk and City Treasurer do all things necessary or incidental to the full performance of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. 16757 By Councilman Nash, seconded by Councilman Raymond, it was #1114-77 RESOLVED, that having considered a communication from the Hearing Officer, dated November 16, 1977, approved for submission by the Mayor, with respect to a request to demolish a house located at 18345 Brentwood, Livonia, Michigan, the legal description of which is as follows: Lot 43, Thomas F. O'Connor's Middlebelt Subdivision, being a part of the N. W. 1/4 of Section 12, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, according to the plat thereof as recorded in Liber 68, Page 96 of Plats, Wayne County Records, and a hearing having been conducted by the Hearing Officer on November 15, 1977 at the conclusion of which, based upon the testimony and evidence presented, it having been the determination of the Hearing Officer that the said structure should be demolished inasmuch as it represents a hazard and danger to the public health, safety and welfare, the Council does hereby determine, in accordance with the provisions set forth in Section 3-128 of the Livonia Code of Ordinances, that a hearing sh611 take place before the City Council of the City of Livonia on January 23, 1978 at 7.45 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan; FURTHER, the City Clerk is hereby requested to, no less than ten days prior to the aforesaid date of the said hearing, cause to have a notice in writing of the aforesaid hearing to be mailed by certified mail, return receipt requested, addressed to the owner or agent thereof, or person in control of such building or structure and the mortgagee of record or lienholders of record, and if no such party or parties can be located, then the notice shall be directed to each owner of or party in interest in the building or structure in whose name the property appears on the last local tax assessment records, AND, FURTHER, the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #1115-77 RESOLVED, that having considered a communication from the City Engineer, dated November 15, 1977, approved by the Director of Public Works and approved for submission by the Mayor, and before determining to improve Surrey Avenue south of Schoolcraft Road in the City of Livonia with an industrial type pavement, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to 16758 ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquen- cies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recom- mendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #1116-77 RESOLVED, that having considered a communication from the City Engineer, dated November 15, 1977, approved by the Director of Public Works and approved for submission by the Mayor, wherein it is recommended that Graytona between Surrey Avenue and Farmington Road be vacated, 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 Ventura, seconded by Councilman Brown, it was #1117-77 RESOLVED, that having considered a communication dated June 2, 1977 from the City Planning Commission which sets forth its resolution 5-99-77 with regard to Petition 77-4-1-19, submitted by Philip and Maria Pisto for a change of zoning on property located on the south side of Eight Mile Road, west of Farmington Road, in the N. E. 1/4 of Section 4, from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on August 22, 1977,pursuant to Council Resolution 646-77, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 77-4-1-19 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: Brown, Raymond, Ventura, Nash and McCann. NAYS. Bennett. The President declared the resolution adopted. Councilman Ventura gave first reading to the following Ordinance• 16759 AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE• PETITION NO. 77-6-1-17 FOR CHANGE OF ZONING FROM RUF AND R-7 TO R-1-A. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE. PETITION NO. 77-6-1-19 FOR CHANGE OF ZONING FROM RUF TO C-2. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #1118-77 RESOLVED, that having considered a communication from the Department of Assessment, dated November 22, 1977, approved by the Assessor and approved for submission by the Mayor, with regard to the prior division and partition of certain property in connection with the Laurel Park Development located in the S. E. 1/4 of Section 7 and the N. E. 1/4 of Section 18, being Parcel Numbers 07Glal,Hla, 07G2al, 0711a, O712a1a, l8Alal and l8Elal, the Council does hereby determine to rescind Council Resolution 409-77, the action herein being taken for the reasons indicated in the aforesaid communication. By Councilman Ventura, seconded byCouncilman Nash, and unanimously adopted, it was 16760 #1119-77 RESOLVED, that having considered a communication dated November 23, 1977 from the Livonia Trade Center which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on November 22, 1977 by the City Planning Commission in its resolution 11-261-77 with regard to Petition 76-5-2-7 submitted by Livonia Trade Center requesting permission to construct a restaurant as a waiver use on property zoned C-2 and located on the south side of Eight Mile Road between Middlebelt and Brentood in the Northwest 1/4 of Section 1, the Council does hereby designate Monday, February 27, 1978, at 8.00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. By Councilman Nash, seconded by Brown, and unanimously adopted, it was #1120-77 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934; MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, February 27, 1978, at 8.00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: Petition 76-8-6-7, submitted by the City Planning Commission, pursuant to Council Resolution 177-77, to amend Section 10.02( Permitted Uses, and Section 10.03, Waiver Uses, of Ordinance 543, the Zoning Ordinance, to provide standards for determin- ing use of bakeries, ice cream stores, etc. as permitted uses or waiver uses in C-1 Zoning Districts, the City Planning Commission having in its resolution 11-235-77 recommended to the City Council that Petition 76-8-6-7 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 nature of the proposed amendment to the Zoning Ordinance first to be published in the official newspaper of the City, or a newspaper of general circulation in the City of Livonia, as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do R1] other things necessary or incidental to the full performance of this resolution. 16761 By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #1121-77 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, March 13, 1978, at 8.00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items: (1) Petition 77-8-1-28, submitted by the First Church of the Nazarene for a change of zoning of property located north of Seven Mile Road between the I-96/275 Freeway and Haggerty Road in the Southwest 1/4 of Section 6, from M-1 to RUF and R-9, the City Planning Commission having in its resolution 11-237-77 recommended to the City Council that Petition 77-8-1-28 be denied; (2) Petition 77-9-1-33, submitted by the City Planning Com- mission, pursuant to Council Resolution 803-77, for a change of zoning of property located north of Seven Mile Road between Newburgh Road and Fitzgerald in the South- west 1/4 of Section 5, from P.L. to RUFC, the City Plan- ning Commission having in its resolution 11-230-77 recom- lbw mended to the City Council that Petition 77-9-1-33 be approved, (3) Petition 77-9-1-34, submitted by the City Planning Com- mission, pursuant to Council Resolution 803-77, for a change of zoning of property located south of Six Mile Road, west of Newburgh Road, in the East 1/2 of Section 18, from P.L. to R-3-B, the City Planning Commission having in its resolution 11-231-77 recommended to the City Council that Petition 77-9-1-34 be approved, (4) Petition 77-10-1-35, submitted by Arthur 0. and Joyce C. Carmichael for a change of zoning of property located on the east side of Haggerty Road, north of Seven Mile Road, in the Southwest 1/4 of Section 6, from M-1 to P.S., the City Planning Commission having in its resolution 11-232-77 recommended to the City Council that Petition 77-10-1-35 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 ift• (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, 16762 first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia, as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do a.11 other things necessary or incidental to the full performance of this resolution. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #1122-77 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 January 1978: Wednesday, January 4, 1978, and Wednesday, January 18, 1978. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1123-77 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Ventura, seconded by Councilman Nash, it was #1124-77 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 13, 1977, and the report and recommendation of the Chief of Police, received in the office of the City Clerk on November 30, 1977, in connection therewith, the Council does hereby approve of the request from Edward Weber to transfer owner- ship of 1977 Class C Licensed Business with Official Permit (Bowling), "A" Permit & Direct Connection, located at 31030 Plymouth Road, Livonia, Michigan 48150, Wayne County, from Livonia Lanes Lounge, Inc. , and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was 16763 #1125-77 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated November 29, 1977, and submitted pursuant to Council Resolution 156-76, in connection with a communica- tion from the Mayor, dated January 28, 1976, to which is attached a proposed Charter amendment which would establish four-year terms of office for the Mayor, Council, the City Clerk and the City 'Measurer, the Council does hereby determine to refer this matter to the Committee of the Whole for further consideration, and the City Attorney is hereby requested to prepare an updated version of the aforesaid proposed Charter Amendment, together with an alternative resolution which would change only the terms of office for the Mayor, City Clerk and City Treasurer from two to four years, the same to be submitted to the Commit tee of the Whole for its consideration. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #1126-77 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated November 29, 1977, and submitted pursuant to Council Resolution 57-74, in connection with the matter of the lines of succession to the Office of the Mayor in the event of the Mayor's absence, disability or death, the Council does hereby request that the Department of Law submit its report and recommendation with respect to the possible amendment of charter provisions concerning vacancies in the offices of the Mayor, City Clerk, City Treasurer and members of the City Council, along with other matters in connection with the proposed teur-year term Charter Amendment referred to in Council Resolution No. 1125_77 *Councilman Ventura was excused at 8:50 p.m. By Councilman Brown, seconded by Councilman Nash, and unanimously adopted, it was #1127-77 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the Ctty Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, March 13, 1978, at 8.00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: Petition 77-10-1-41, submitted by the City Planning Commission, pursuant to Council Resolution 833-77, for a change of zoning of property located at the southeast corner of Six Mile Road and Haggerty Road in the North- west 1/4 of Section 18, from M-1 to R-7, the City Plan- ning Commission having in its resolution 11-255-77 recom- mended that Petition 77-10-1-41 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 16764 (a) nature of the proposed amendment to the Zoning Ordinance, Land/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a news- paper of general circulation in the City of Livonia, as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. *Councilman Ventura returned at 8:51 p. m. *Councilman Nash was excused at 8:51 p. m. By Councilman Raymond, seconded by Councilman Brown, it was #1128-77 RESOLVED, that having considered the report and recommendation from the City Engineer, dated December 1, 1977, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Item No. 8 of Council Resolution 640-75 adopted on July 23, 1975, and as subsequently amended by Council Resolu- tion 992-75 and Council Resolution 139-76, so as to reduce the Sidewalk Bond now on deposit with the City for Hampshire Estates Subdivision in the S.W. 1/4 of Section 24 to $2000.00 in cash, further, the Financial Assurances now on deposit with the City for General 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: Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. *Councilman Nash returned at 8:52 p. m. By (buncilman Brown, seconded by Councilman Ventura, it was #1129-77 RESOLVED, that having considered a communication from the Director of Finance, dated December 13, 1977, approved for submission by the Mayor, to which are attached Consent Judgments entered by the Michigan Tax Tribunal in the following cases: General Motors Corporation,Cadillac Motor Car Division v City of Livonia - MTT Docket No. 1727; General Motors Corporation,Chevrolet Motor Division v City of Livonia - MTT Docket No. 1728; 16765 General Motors Corporation, Fisher Body Division v City of Livonia - MTT Docket No. 1729; and General Motors Corporation, GM Parts Division v City of Livonia - MTT Docket No. 1730 the Council does hereby determine to authorize the payment of the afore- said judgements which are in the total amount of $30,893.18, and for this purpose appropriates the aforesaid sum from the Unexpended Fund Balances of the following funds in the amounts set forth General Fund $17,912.68 Refuse Fund 3,699.16 Fire Station Bond Debt Retirement 474.08 Library Bond Debt Retirement 99.72 Parks Bond Debt Retirement 828.41 Streets Bond Debt Retirement 3,132.04 Senior Citizens Bond Debt Retirement 186.07 Livonia Drain Bond Debt Retirement 4,305.49 Sewer Separation Bond Debt Retirement 255.53 Total $30,893.18 and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: L AYES• Brown, Ventura, Nash and McCann. NAYS: Raymond and Bennett. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #1130-77 RESOLVED, that the City Council does hereby request that the question of a salary adjustment for the classification of Administrative Assistant to the Council be referred to the Finance and Insurance Committee for its report and recommendation. On motion of Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, this 872nd Regular Meeting of the Council of the City of Livonia was duly adjourned at 8:55 P M., December 14, 1977. L ,..,./. „ L-1 4,evL-o 1 ADDISON A. BA ON, CITY LERK. 16766 MINUTES OF THE EIGHT HUNDRED AND SEVENTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 21, 1977, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:05 P. M. Councilman Raymond delivered the invocation. Roll was called with the following result Present--Robert E McCann, Robert F. Nash, Jerry H. Brown, Jerry Raymond, Peter A. Ventura, Robert R Bishop and *Robert D Bennett. Absent--None. Elected and appointed officials present: Addison W Bacon, City Clerk; Frances S. Stem, Deputy City Clerk, Robert M Feinberg, Assistant City Attorney; Ronald Mardiros, City Assessor; Jack Dodge, Director of Finance; Robert Turner, Police Chief, H. Patrick O'Neil, Director of Civil Defense; John Nagy, City Planner; G. E. Siemert, City Engineer; Robert Jones, Public Utility Manager; Michael Reiser Iwo of the Water and Sewer Board. By Councilman Ventura, seconded by Councilman Bishop, and*unanimously adopted, it was #1131-77 RESOLVED, that the minutes of the 872nd Regular Meeting of the Council of the City of Livonia, held December 14, 1977, are hereby approved. The communication dated December 6, 1977 from the Planning Director with respect to location of S.D.D. Liquor Licensed establishments in the City, was received and filed for the information of the Council. *Councilman Bennett arrived at 8:10 P M Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: Petition 77-6-1-17 FOR CHANGE OF ZONING FROM RUF AND R-7 TO R-1-A 16767 A roll call vote was taken on the foregoing Ordinance with the following result: LAYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 77-6-1-19 FOR CHANGE OF ZONING FROM RUF TO C-2. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. lbwNAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication By Councilman Nash, seconded by Councilman Brown, it was #1132-77 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service dated November 15, 1977, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of Dow Chemical U.S.A , 415 Travelers Tower, Southfield, Michigan 48076, for supplying the Public Service Division (Road Maintenance Section) with (38%) Liquid Calcium Chloride delivered to the storage tank in the D.P W. Yard for the unit price of $145.78 (estimated total price $36,445.00), for the period through December 31, 1978, the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. LBy Councilman Nash, seconded by Councilman Bishop, it was #1133-77 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated November 17, 1977, approved by the Finance Director and approved for submission by the Mayor, wherein it is recommended that a project be initiated for the selected clearing of 16768 certain wooded areas in the Blue Grass Farms Park, the Council does hereby determine to authori"e the Engineering Division to prepare the specifica- tions and thereafter advertise and take bids for the said selected clearing for Blue Grass Farms Park in accordance with provisions of law and City ordinances; and the Council does hereby appropriate a sum not to exceed $4,000.00 from the Unallocated Surplus Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Raymond, it was #1134-77 RESOLVED, that having considered a communication from the Direct of Finance, dated November 29, 1977, and approved for submission by the Mayor, wherein a request is submitted for an appropriation sufficient to provide medical coverage for employees receiving disability pensions and to retirees and spouses as each attains the age of 65, the Council does hereb:: determine to increase Budgeted Revenue Account No. 101-000-507 in the amount of $18,500.00, and to thereafter appropriate and authorize the transfer of a like amount from the aforesaid account to be expended for t'* purposes referred to in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #1135-77 RESOLVED, that having considered a communication from the Director of Finance, dated November 29, 1977, approved for submission by the Mayor, wherein it is indicated that in order to fund for sick pay in accordance with the actuary report of Gabriel, Roeder & Smith the City must provide in the accrual account an additional $116,706 00 for the fiscal year ending November 30, 1977, which amount is calculated in the following manner Accrual Per Report $ 144,831 Retirement Sick Pay Payments 19,050 Remainder to be Accrued 125,781 Allocated to Water & Sewer Allocated to General Fund 116,706 the Council does hereby determine that a budgeted expenditure of $116,706 00 be reflected and that Revenue Account for State Payments - Sales and Use Tax be increased by the sum of $116,706.00 to balance the budget. A roll call vote was taken onthe foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None 16769 By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #1136-77 RESOLVED, that the Council does hereby request the Finance Director to obtain from the Actuaries, Gabriel, Roeder & Smith, a projection of required sick leave accruals for the next five (5) years, said projection to be determined and submitted to the Finance and Insurance Committee after all contracts between the City and Bargaining Units have been executed. By Councilman Raymond, seconded by Councilman Bishop, it was #1137-77 RESOLVED, that having considered the report and recommendation of the Director of Finance dated November 30, 1977, approved for submission by the Mayor, relative to a proposal for a modified self-insured workmen's compensation program, the Council does hereby determine to as follows. a) That for the period of December 1, 1977 through November 30, 1978 the Mayor and City Clerk are authorized to execute a contract for and in behalf of the City with Corporate Service, Inc. , 220 Bagley Avenue, Detroit, Michigan 48226, for providing the City with claims service, loss prevention service and an aggregate excess contract of $3,000,000 for losses exceeding 85% of an estimated normal premium of $345,073 (i.e. , $293,312) through the Employers Reinsurance Corporation, b) That the service fee and aggregate excess fee shall be at the rate of 26.85% of the estimated normal premium amount of $345,073 (i.e. , $92,652), which shall be payable as follows. 60% of $92,652 on December 1, 1977 - $ 55,591 40% of $92,652 on June 1, 1978 - $ 37,061; c) Further, that workmen's compensation claims during the subject period which are approved for payment by Corporate Service, Inc in an aggregate amount not to exceed 85% of the estimated normal premium of $345,073 (i.e. , $293,312) , are hereby authorized to be paid by the City aif Livonia to claimants; and the City Clerk, City Treasurer and Finance Director 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: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Nash, it was #1138-77 RESOLVED, that having considered a communication from the Director of Finance, dated November 29, 1977, appr•ved for submission by the Mayor, to which are attached certain billings for Workmen's Compensa- tion retrospective adjustments for fiscal years 1974 and 1975 in the amount 3f $5,590.00 and $1,929.00, respectively, the Council does hereby determine 16770 to authorize the payment of the aforesaid premiums in the manner and form herein submitted; 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: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #1139-77 RESOLVED, that having considered a communication from the Mayor dated November 22, 1977, and in accordance with the provisions set forth in 1977 P A 117, Section 31 (1) the Council does hereby request that the Michigan Department of State Police provide assistance to the City of Livonia by providing police services on a regular basis on the 1-96 and 1-275 freeways within Livonia; 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, Bishop, Bennett, Nash, Brown and McCann. NAYS: Raymond. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bennett, it was #1140-77 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 30, 1977, and the report and recommendation of the Chief of Police, dated November 29, 1977, in connection therewith, the Council does hereby approve of a request from William and Ethyl Exarhos to transfer ownership of 1977-78 SDM licensed business from Mike Tjilos located at 33308 W. Seven Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, it was #1141-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 22, 1977, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Item No 8 of Council Resolution No. 575-77 adopted on June 15, 1977 so as to reduce the financial assurances as required by the City for general improvements in the Louis-Nelson Industrial Subdivision located in the N. W 1/4 of Section 28 to $2,000.00 cash to cover the cost of remaining improvements in said Subdivision, and 16771 the financial assurances now on deposit with the City, if any, shall be L reduced accordingly; further, all other financial assurances now on deposit with the City shall remain the same and unchanged; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incident al to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Nash, it was #1142-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 17, 1977, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, and to which are attached nine maintenance agreements with respect to nine existing traffic signals on M-14 (Plymouth Road and Ann Arbor Road) the locations of which are as follows: a) M-14 (Ann Arbor Road) at Ann Arbor Trail East; b) M-14 (Plymouth Road) at Ford Gate 7 (Wonderland Drive) 1300 feet west of Middlebelt Road; c) M-14 (Plymouth Road) at Deering; d) M-14 (Plymouth Road) at Levan Road; e) M-14 (Plymouth Road) at Stark Road; f) M-14 (Ann Arbor Road) at Newburgh Road, g) M-14 (Plymouth Road) at Hubbard; h) M-14 (Plymouth Road) at Entrance to Ford Motor Company T & C Plant; i) M-14 (Plymouth Road) at Milburn; the Council does hereby agree to and approve of the City ass»ming 50% of the maintenance costs as set forth in the aforesaid Agreements and the State Highway Commission assuming 50% of the maintenance costs with the exception, however, that with respect to the Maintenance Agreement for the traffic signal on M-14 at the entrance to the Ford Motor Company T & C Plant the City shall assume 33 1/3% and the State Highway Commission shall assume 66 2/3%; the Council does hereby appropriate and authorize an expenditure not to exceed $3,859.00 from the City's Motor Vehicle Highway Fund Receipts (Major Road Account) , for this purpose; and the Mayor and City Clerk are hereby authorized to execute in behalf of the City of Livonia the said nine maintenance Agreements submitted in this regard; and further, the City Clerk is hereby requested to forward two certified copies of this resolution, together with the signed maintenance agreements, to the Michigan State Highway Department, 18101 West Nine Mile Road, P.O. Box 1226, Southfield, Michigan 48075. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. 16772 By Councilman Ventura, seconded by Councilman Raymond, it was #1143-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 16, 1977, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby authorize and request the City Clerk to make application to the Detroit Edison Company, on forms provided by such company, for the installation of street lights of suitable lumen strength to be installed at the following locations in the City of Livonia, Michigan' 1) Laurel Park Drive North and Six Mile Road; and 2) Laurel Park Drive North and Newburgh Road; it being the determination of the Council that such lighting is required in order to protect the public safety of the residents of the community. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #1144-77 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator), dated November 21, 1977 which bears the signature of the Finance Director, is approved by the Director of Public Works, and is approved for submission by the Mayor, and submitted pursuant to Section 13d(1) Act 51, of the Public Acts of Michigan of 1951, as amended (M.S.A. 9.1097(13) with regard to the transfer of funds for the fiscal year 1977-78 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, 25% of the amount designated for Major Street System to be used on the Local Street System, and the City Clerk and Finance Director are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #1145-77 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator) dated November 22, 1977, which bears the signature of the Finance Director, approved by the Director of Public Works, approved for submission by the Mayor and submitted pursuant to Section 13d(2) Act 51 of the Public Acts of Michigan of 1951, as amended (M.S.A. 9.1097(13) with regard- to the transfer of funds for the fiscal year 1977-78 from the Major Street System Account to the Local Street Systtem Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, $17,172.15 from those funds designated for use on the Major Street System; and the City Clerk and Finance Director are hereby authorize to do all things necessary or incidental to fulfill the purpose of this resolution. 16773 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, it was #1146-77 RESOLVED, that having considered a communication from the CETA Program Administrator, dated November 30, 1977, approved by the Finance Director and approved for submission by the Mayor, and to which is attached a list of additional CETA Title VI Projects and Subgrant Contracts which have been planned in accordance with U.S Department of Labor procedures and requirements, the Council does hereby determine to authorize projects at the following agencies to start immediately in the amount set forth on the attached list pending the completion of subgrant contracts which will be submitted to Council for approval at a later date: Livonia Public Schools Madonna College Industry/Education Council A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Raymond, it was #1147-77 RESOLVED, that having considered a communication from the Director of Finance, dated November 29, 1977, approved for submission by the Mayor, the Council does hereby determine to amend and revise Council Resolution No. 157-77, adopted on February 16, 1977, so as to provide therein that the sum of $29,146.36 previously appropriated from the Motor Vehicle Highway Fund Receipts (Major and/or Local) shall in lieu thereof be appropriated from the $9.8 Million Street and Road Bond Issue, provided, however, that the sum of $8,990.24 shall continue to be appro- priated from the City's Motor Vehicle Highway Fund Receipts (Major and/or Local) as previously provided for in Council Resolution No. 157-77, and except as otherwise provided for herein, the balance of Council Resolution No. 157-77 shall continue in full force and effect. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Raymond, it was #111+8-77 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and the Superintendent of Public Service, dated December 7, 1977, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor Pro Tem, the Council does hereby authorize the installation of not to exceed 120 water taps by Santia & Sons, 41861 16774 Dequindre, Troy, Michigan 48098, at a cost of $100.00 for each 3/4" or 1" Tap under sixty (60) feet in length, further, the Council does hereby determine to authorize the said work 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) (1) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication, dated December 6, 1977, from the City Planning Commission which transmits its resolution 11-256-77, adopted on November 22, 1977, with regard to Petition 77-10-2-23 submitted' by Michael Niemen requesting waiver use approval to establish a Class C Liquor Licensed operation within an existing building located on the south side of Plymouth Road at the intersection of Ann Arbor Road in the N.W. 1/4 of Section 32 on property zoned C-2, the Council does hereby deter- mine to concur in the recommendation made by the City Planning Commission and Petition 77-10-2-23 is hereby approved and granted, such approval to be based upon the same condition as is set forth in the aforesaid recommenda- tion of the Planning Commission. By Councilman Ventura, seconded by Councilman Brown, it was #1149-77'7RESOLVED, that having considered a communication, dated December 6, 1977, from the City Planning Commission which transmits its resolution 11-256-77, adopted on November 22, 1977, with regard to Petition 77-10-2-23 submitted by Michael Niemen requesting waiver use approval to establish a Class C Liquor Licensed operation within an existing building located on the south side of Plymouth Road at the intersection of Ann Arbor Road in the N.W. 1/4 of Section 32 on property zoned C-2, the Council does hereby determine to table this matter to a meeting of the Committee of the Whole so as to consider the ramifications and concerns expressed by the members of the Council with respect to the same. A roll call vote was taken on the foregoing resolution with the following result: AYES. Ventura, *Bishop, Brown and McCann. NAYS. Raymond, Bennett and Nash. The President declared the resolution adopted. *Councilman Bishop made the following statement: "I am not opposed to a license for this establishment. Everything we do affects not just one person or establishment, rather it affects everyone in the City. We have another request for a license in this area, which would make three. I feel we should review the total area:" 16775 By Councilman Ventura, seconded by Councilman Raymond, it was #1150-77 RESOLVED, that the Council having considered a communication from the City Engineer, dated November 28, 1977, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of one (1) ornamental street light with undergroun( wiring in the Cherokee Trail Subdivision in the S.E 1/4+ of Section 33, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, on the island located at Hanlon and Grandon Avenues, and such report having indicated the number Cf parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the Cit-, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications, and recommendations have been properly filed by the City Engineer with the City Clerk under date of December 2, 1977, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, February 27, 1978 at 8:00 P.M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publica- tion of such hearing as is required by Section 2-507 of said Code. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Nash and Brown. NAYS: *Bennett and McCann. The President declared the resolution adopted. *Councilman Bennett made the following statement: "My 'no' vote is cast because it is only for one light and I feel that we should have two lights." Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 21 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE: PETITION NO. 77-5-1-13 FOR CHANGE OF ZONING FROM R-2 TO PS. 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. 16776 The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Raymond gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. RE: PETITION NO. 77-7-3-9 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Nash nominated Councilman Robert E McCann to be the President of the Council for the two (2) year period commencing January 1, 1978; and the following vote was taken thereon after the nominations were declared closed: AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann NAYS: None. Councilman Bishop wishes the record to show that Councilman Robert E McCann was elected to be the President of the Council for the two (2) year period commencing January 1, 1978, by acclamation. Councilman Ventura nominated Councilman Robert D. Bennett to be the Vice-President of the Council for the two (2) year period commencing January 1, 1978; and the following vote was taken thereon after the nominations were declared closed: AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. Councilman Bishop wishes the record to show that Councilman Robert D. Bennett was elected to be the Vice-President of the Council for the two (2) year period commencing January 1, 1978, by acclamation. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #1151-77 RESOLVED, that pursuant to Chapter 7, Section 2-707, of the Livonia Code of Ordinances, as amended, Councilman Ventura is hereby appointed to the Board of Trustees for the Employees Retirement System. 16777 By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #1.152-77 RESOLVED, that the Council does hereby determine to designate Peter A Ventura, Councilman, as the City's delegate to the Southeast Michigan Council of Governments. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1153-77 RESOLVED, that the Council does hereby determine to designate Robert R Bishop, Councilman, as the City's alternate delegate to the Southeast Michigan Council of Governments. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #1154-77 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Nash, seconded by Councilman Brown, it was #1155-77 RESOLVED, that having considered a communication from the Director of Finance, dated December 16, 1977, approved for submission by the Mayor, and to which is attached a proposed agreement for the period from January 1, 1978 through December 31, 1979, and year to year thereafter between the City of Livonia and the Michigan Municipal League Unemployment Compensation Group Account, 1675 Green Road, P.0 Box 1487, Ann Arbor, Michigan 48106, for the purpose of paying the costs of unemployment benefit attributable to service in the employ of the City, the Council does hereby determine to authorize the Mayor and City Clerk for and on behalf of the City of Livonia to affix their signatures to the said Agreement in the manner and form herein submitted, and, further, the Council does hereby determine to appropriate and authorize the expenditure of the sum of $48,000.00 for the period of January 1, 1978 through December 31, 1978 from the Unexpended Fund Balance Account for this purpose, 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: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS. None On motion of Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, this 873rd Regular Meeting of the Council of the City of Livonia was duly adjourned at 9.25 P. M , December 21, 1977. ADDISON W. BACON, C TY CLERK.