HomeMy WebLinkAboutCOUNCIL MINUTES 1978-08-30 17286
MINUTES OF THE EIGHT HUNDRED AND EIGHTY-NINTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On August 30, 1978, 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 Nash delivered the invocation Roll
was called with the following result: Present. Robert E. McCann, Robert F Nash,
Gerald D. Taylor, Jerry Raymond, Robert D. Bennett and Robert R. Bishop. Absent--
Peter A. Ventura.
Elected and appointed officials present: Addison W. Bacon, City Clerk;
Harry C. Tatigian, City Attorney; Theodor P Krauss, Civil Service Department;
Jack Dodge, Director of Finance; John Nagy, City Planner, G E. Siemert, City
Engineer; Ronald Mardiros, City Assessor; Russell Gronevelt, Superintendent of
Operations; Frank Kerby, Chief Building Inspector; Eldon Raymond, Zoning Board of
L Appeals, and Michael Reiser, Water and Sewer Board.
By Councilman Nash, seconded by Councilman Bennett, and unanimously
adopted, it was
#766-78 RESOLVED, that the minutes of the 888th Regular Meeting of the
Council of the City of Livonia, held August 16, 1978, are hereby approved.
The communication from the Planning Commission dated August 8, 1978, with
respect to transmittal of (1) "Office Report, 1978 Inventory and Analysis," and (2)
"Bikeway Facility Study, 1978" was received and filed for the information of the
Council.
The communication dated July 31, 1978 from Frank J. Kelley, Attorney
General, with respect to request for opinion on the question of whether or not the
issuance of an SDD License by MLCC takes precedence over noncompliance by petitioner
Lwith waiver use provisions of a Municipal Zoning Ordinance, was received and placed
on file for the information of the Council.
The communication from the Planning Commission dated August 25, 1978 with
attached charts and map depicting the City of Livonia's current and potential
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residential growth, was received and placed on file for the information of the
Council.
The communication from Gerald D. Taylor dated August 17, 1978, wherein
he tenders his resignation as a member of the Zoning Board of Appeals, was received
and placed on file for the information of the Council.
*The President of the Council relinquished the Chair to the Vice-President
at 8:08 P M to support the following resolution.
By Councilman McCann, seconded by Councilman Nash, it was
#767-78 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance
of the City of Livonia, Ordinance No 543, as amended, and Section 5 of
Act 207 of the Public Acts of Michigan of 1921, as amended, John A
Hillman, 14317 Yale, Livonia, Michigan 48154, is hereby appointed a member
of the Zoning Board of Appeals to fill the unexpired term of the office
of Gerald D Taylor, such term ending on July 11, 1979, with all of the
authority and duties as set forth in the said Zoning Ordinance and Act 207.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Taylor, Raymond, Bishop, McCann and Bennett.
NAYS: None.
*The President resumed the Chair at 8 09 P. M
By Councilman Bishop, seconded by Councilman Nash, it was
#768-78 RESOLVED, that having considered the report and recommendation of
the Superintendent of Public Service, dated July 26, 1978, which bears the
signature of the Finance Director, approved by the Director of Public
Works and approved for submission by the Mayor, the Council does hereby
determine to accept the bid of Allie Brothers of Livonia, 20331 Middlebelt,
Livonia, Michigan 48152, for supplying the City (Public Service Division)
with uniforms for the price of $3,548 00 in the quantities and for the
unit prices indicated in the attachment to the aforesaid communication,
the same having been in fact the lowest bid received and meets all
specifications.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None.
By Councilman Bishop, seconded by Councilman Taylor, it was
#769-78 RESOLVED, that having considered the report and recommendation of
the City Engineer, the Superintendent of Public Service, and the President
of the Historical Commission, dated July 7, 1978, which bears the signature
of the Finance Director, is approved by the Director of Public Works and
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is approved for submission by the Mayor, with regard to the moving of
buildings (Blue Court House and Smoke House) to Greenmead, the Council does
hereby determine to reject the bids of C. A Johnson & Son, Inc. and
Nor-West Building Movers heretofore received on May 30, 1978, and further,
the Council does hereby determine to authorize the Public Service Division
to move the said buildings, and for this purpose, appropriates and
authorizes the expenditure of a sum not to exceed $5,700.00 from the
Federal Revenue Sharing Account and $1,300 00 from the Historical
Restoration Account for equipment rental, materials and overtime labor
costs required to accomplish this work.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None.
By Councilman Bishop, seconded by Councilman Nash, it was
#770-78 RESOLVED, that having considered a communication from the
Director of Finance, dated August 8, 1978, approved for submission by the
Mayor, the Council does hereby determine to authorize the purchase of
gasoline from Texaco, Inc , effective July 14, 1978 at the following unit
prices:
Regular - Less than 4,000 Gals. - .486/Gallon
Regular - More than 4,000 Gals - .434/Gallon
Lead Free Less than 4,000 Gals. - .5255/Gallon
Lead Free More than 4,000 Gals. - .4685/Gallon
said prices being made in accordance with Federal Government Regulations;
further, the Council does hereby determine to authorize the said purchase
without competitive bidding for the reasons indicated in the aforesaid
communication; and such action is taken in accordance with the provisions
set forth in Section 2-213(d)(5) of the Livonia Code of Ordinances; and
all prior resolutions in conflict herewith are hereby repealed, amended,
or revised to the extent necessary to be consistent with the action taken
herein.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None.
By Councilman Bishop, seconded by Councilman Taylor, it was
#771-78 RESOLVED, that having considered a communication from the City
Engineer dated July 17, 1978, approved by the Director of Public Works
and approved for submission by the Mayor, to which is attached a Request
for Payment No. 15 from R. E. Dailey & Company, Construction Manager for
the Civic Center Municipal Building, dated June 16, 1978, which is as
follows:
Construction Management Fee $ 8,118.00
Reimbursables (May, 1978) 4,867 07
Total 12,985.07
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the Council does hereby authorize the payment of the aforesaid amount to
the R E Dailey & Company as indicated herein; and the City Clerk and the
City Treasurer are hereby requested to do all things necessary or inciden-
tal to the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES. Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None.
By Councilman Raymond, seconded by Councilman Bishop, it was
#772-78 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated July 17, 1978, 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 the attached invoice from the
Wayne County Road Commission, dated July 5, 1978, in connection with the
final payment for the widening of Seven Mile Road between 1-96/275 and
Haggerty Road, payment for which was previously authorized by Council
Resolution Numbers 155-73 and 131-78, the Council does hereby determine to
appropriate and authorize the expenditure of an additional sum in the
amount of $266.84 from the City's Motor Vehicle Highway Fund Receipts
(Major Road Account) to cover the City's share of the final cost of this
project, and the City Clerk and City Treasurer are hereby requested to do
all things necessary or incidental to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Taylor, Raymond, Bennett, Bishop and McCann
NAYS: None.
By Councilman Bishop, seconded by Councilman Raymond, it was
#773-78 RESOLVED, that having considered a communication from the Secretary
to the Board of the Livonia Employees Retirement System, dated August 1,
1978, approved by the Finance Director and approved for submission by the
Mayor, in connection with, the attendance of two employees of the Board at
the Michigan Association of Public Employees Retirement Systems Fall
Meeting, the Council does hereby determine to appropriate and authorize the
expenditure of the sum of $256.00 from the Unexpended Fund Balance Account
to Account No 246-864 for this purpose.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None.
1 By Councilman Raymond, seconded by Councilman Bennett, it was
#774-78 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated August 1, 1978, approved by the Director of Public
Works and approved for submission by the Mayor, together with the sketches
attached thereto, with regard to the proposed paving of the parking lot and
the entrance roadway from Eight Mile Road at Greenmead, the Council does
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hereby determine to approve of the permanent improvement of the parking lot
Land the entrance roadway in the manner detailed, in the sketches attached
to the aforesaid communication, and further, authorizes adding this work to
the contract previously awarded to Detroit Concrete Products Corporation,
44300 Grand River, Novi, Michigan 48050, for the City's 1978 Miscellaneous
Residential Street Paving Program, on the basis of unit prices bid for a
total estimated cost of $16,500.00 (parking lot plus entrance roadway);
and the Council does hereby appropriate and authorize the expenditure of
the sum of $16,500 from the Unexpended Fund Balance Account for this
purpose.
A roll call vote was taken on the foregoing resolution with the following result
AYES. Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None.
By Councilman Bennett, seconded by Councilman Bishop, it was
#775-78 RESOLVED, that having considered a communication from the
Superintendent of Public Service, dated August 10, 1978, approved by the
Director of Finance and the Director of Public Works, and approved for
submission by the Mayor, with respect to the transfer of funds for road
maintenance, the Council does hereby determine to authorize the transfer
of $50,000.00 from Account No 101-463-702 (Salaries and Wages) to the
following accounts:
Account No. Description Amount Requested
No. 101-463-709 Overtime $12,000.00
No. 101-463-782 Road Maintenance Mat'l. 38,000.00
$50,000 00
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. Nash, Taylor, Raymond, Bennett, Bishop and. McCann.
NAYS: None.
By Councilman Bishop, seconded by Councilman Taylor, it was
#776-78 RESOLVED, that having considered a communication dated April 21,
1978, from the City Planning Commission which sets forth its resolution
4-63-78 with regard to Petition 78-3-1-14, submitted by Floyd A and Edith
M. Balman for a change of zoning on property located on the south side of
Pembroke between Angling Road and Deering Avenue in the Southeast 1/4 of
Section 1, from R-3 to R-1, and the Council having conducted a public
hearing with regard to this matter on July 10, 1978, pursuant to Council
Resolution 481-78, the Council does hereby determine to reject the
recommendation of the Planning Commission and the said Petition 78-3-1-14
is hereby approved and granted, only to the extent of approving the rezoning
of the subject property from R-3 to R-2; 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
17291
Department of Law and, upon receipt of such map, the Department of Law
is requested to prepare an ordinance amending Ordinance No. 543, as amended,
in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Bishop, it was
#777-78 RESOLVED, that having considered a communication dated July 31,
1978 from the City Planning Commission which transmits its resolution
7-143-78 adopted on July 18, 1978, with regard to Petition 78-6-2-16
submitted by Fred Armour, requesting waiver use approval to construct and
operate two car bays and a storage addition to an existing building on
property zoned C-2 and, located on the south side of Plymouth Road between
Middlebelt Road and Milburn in the Northwest 1/4 of Section 35, the Council
does hereby determine to concur in the recommendation made by the City
Planning Commission and Petition 78-6-2-16 is hereby approved and granted,
such approval to be based upon the same conditions as are set forth in the
aforesaid recommendation of the Planning Commission, except that condition
(3) shall be amended to read as follows: "That any future signage proposed
to be located on the site shall be submitted to and reviewed by the
Planning Commission and approved by the Council in accordance with the
provisions of Ordinance No. 543, as amended."
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None.
By Councilman Bennett, seconded by Councilman Bishop, it was
RESOLVED, that having considered a communication from the City
Planning Commission, dated July 10, 1978, which transmits its resolution
6-139-78 adopted on June 20, 1978, with regard to Petition 78-6-8-17
submitted by Amoco Oil Company requesting site plan approval, in connection
with a proposal to add canopies to the existing service station located
on the south side of Eight Mile Road between Farmington and Gill Roads
in Section 4, pursuant to the provisions set forth in Section 18.47 of
Ordinance No. 543, as amended, the Council does hereby determine to
concur in the recommendation of the Planning Commission and Petition
78-6-8-17 is hereby approved and granted, such approval to be based upon
the same conditions as those set forth in the aforesaid recommendation of
the Planning Commission.
By Councilman Raymond, seconded by Councilman Nash, it was
#778-78 RESOLVED, that having considered a communication from the City
Planning Commission, dated July 10, 1978, which transmits its resolution
6-139-78 adopted on June 20, 1978, with regard to Petition 78-6-8-17
submitted by Amoco Oil Company requesting site plan approval, in connection
with a proposal to add canopies to the existing service station located
on the south side of Eight Mile Road between Farmington and Gill Roads in
17292
Section 4, pursuant to the provisions set forth in Section 18.47 of
Ordinance No 543, as amended, the Council does hereby determine to refer
this matter to the Legislative Committee for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Taylor, Raymond, Bishop and McCann.
NAYS Bennett.
The President declared the resolution adopted
By Councilman Bennett, seconded by Councilman Raymond, it was
#779-78 RESOLVED, that having considered a communication from the City
Planning Commission, dated August 1, 1978, which transmits its resolution
7-158-78 adopted on July 18, 1978, with regard to Petition 78-7-8-22
submitted by Fred J. Armour requesting site plan approval, in connection
with a proposal to construct a medical clinic on the west side of
Farmington Road between Eight Mile Road and Haldane in Section 4,
pursuant to the provisions set forth in Section 18 47 of Ordinance No. 543,
as amended, the Council does hereby determine to concur in the recommenda-
tion of the Planning Commission and Petition 78-7-8-22 is hereby approved
and granted, such approval to be based upon the same conditions as those
set forth in the aforesaid recommendation of the Planning Commission,
provided, however, that Site Plan 78D-510 2heet lA dated July 1, 1978,
revised 7/23/78, shall be amended to increase the width of the landscaped
area immediately adjacent to the east building elevation from a depth of
3 feet to a depth of 10 feet.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None.
By Councilman Bennett, seconded by Councilman Bishop, it was
#780-78 RESOLVED, that having considered a communication from the
Planning Director, dated July 14, 1978, approved for submission by the
Mayor, with regard to the cancellation of Restrictive Covenants and
Agreement established for properties which are planned as a part of the
Laurel Park Development, the Council does hereby determine to refer this
matter to the Legislative Committee for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Taylor, Raymond, Bennett, Bishop and. McCann.
NAYS. None.
By Councilman Nash, seconded by Councilman Bishop,it was
#781-78 RESOLVED, that having considered a letter from Mr. Joseph
Fornasiero, 14872 Fairway Drive, Livonia, Michigan 48154, dated August 14,
1978, wherein a request is submitted for the use of four feet of a six
foot easement in order to repair an existing garage on Lot 57 of Idyl Wyld.
Subdivision, the Mayor and City Clerk are hereby authorized for and on
17293
behalf of the City of Livonia to execute a Revocable License permitting
the said encroachment in the manner indicated in the aforesaid communica-
tion, and the Department of Law is hereby requested to prepare the
document required to implement the action taken herein.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None.
By Councilman Bishop, seconded by Councilman Raymond, it was
#782-78 RESOLVED that, Robert Curran, One Island Lane, Grosse Point,
Michigan 48230, as proprietor, having requested the City Council to approve
the proposed preliminary plat of the following subdivision: Cureter
Industrial Subdivision located in part of the N W 1/4 of Section 28, City
of Livonia, Michigan the said proposed preliminary plat being dated April
10, 1978; and it further appearing that tentative approval of such
preliminary plat was given by the City Planning Commission, after due
notice and a public hearing on June 20, 1978; and it further appearing
that such preliminary plat, together with development plans and specifica-
tions for improvements therein have been examined and approved by the
Department of Public Works as is set forth in the report of that department
dated July 28, 1978; therefore, the City Council does hereby approve of the
said preliminary plat on the following conditions.
(1) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the provisions
of the ordinances of the City of Livonia, including the Subdivision Control
Ordinance, being Title 9, Chapter 1 of the Livonia Code of Ordinances, as
amended; the Subdivision Regulations of the Planning Commission; the
regulations and specifications of the Department of Public Works and the
Development Plans submitted by the proprietor and approved by such depart-
ment; all such improvements to be constructed, installed, accomplished and
completed within a period of two (2) years from the effective date of this
resolution; failing this, the approval contained herein shall be considered
null, void and of no effect whatsoever;
(2) That all inspection fees and other charges due to the City
of Livonia shall be fully paid at the time and in the manner provided in
the said Subdivision Control Ordinance, as amended,
(3) That the installation of all such improvements shall be
subject at all times to the supervision and inspection and final approval
of the Department of Public Works, and such improvements shall not be
considered as having been satisfactorily and completely installed until
there is filed with the City Council the certificate as provided in Section
9-122 of the said Subdivision Control Ordinance, as amended,
(4) That the proprietor enter into an agreement with the City
of Livonia agreeing to construct, within the prescribed period of time and
in the prescribed manner, all improvements required to the extent required
by the City of Livonia and as shown on the approved development plans,
17294
(5) That the following Cash Payments be made to the City Clerk
Lop and a Receipt obtained therefor.
A Trees Not recommended
B Street Name Signs Not required
C Traffic Control Signs $200.00
D. Street Light Notification Signs N.A.
E Engineering Services (General Improvement)
1. Plan Review & Administration (1-1/2%) $439.80
2 Field. Inspection (3-1/2%) 1,026.20
1,466.00
F Engineering Service (Grading and. Soil
Erosion Control)
1. Plan Review 25.00
2. Permit & Inspection 125.00
150 00
TOTAL CASH PAYMENTS . . . $1,816.00
(6) That the final true record plat of the aforesaid sub-
division shall be submitted and must receive the final approval of the
City Planning Commission as evidence that such plat is in compliance with
existing Subdivision Regulations;
(7) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City Council within
two (2) years from the effective date of this resolution; the City Council
shall approve final plats of the aforesaid proposed subdivision if drawn
in substantial conformity with the proposed plat as approved herein, and
provided there has been compliance with all other requirements of State
Statute, the Subdivision Control Act, the Subdivision Control Ordinance
and this resolution;
(8) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements the proprietor may
file with the City of Livonia a corporate surety bond, certified check,
cash bond, irrevocable letter of credit, or other financial assurance in
such form as shall be approved by the Department of Law guaranteeing the
satisfactory installation of all such improvements, utilities and grading
by the proprietor within the prescribed period, that in the event the
proprietor elects to deposit such financial assurances the same shall be
in the following amounts; such deposits to be deposited in the office of
the City Clerk.
General Improvement Bond - $32,000 00 of which at least
3,200 00 shall be in cash.
Sidewalk Bond - Not recommended.
Grading and Soil Erosion Control Bond -
$ 1,500 00 of which at least
300.00 shall be in cash.
Monuments and Lot Markers - $ 400 00 cash.
17295
(9) That the requirement for underground wiring shall be
applicable only to telephone, electric or similar utility service lateral
conduits, cables or wires directly connecting new buildings to the
overhead or underground supply system of the particular utility, and the
proprietor shall be permitted to have primary distribution facilities
installed overhead; further, ornamental street lights are to be provided
throughout the subdivision, in accordance with City Ordinances.
A roll call vote was taken on the foregoing resolution with the following result
AYES. Nash, Taylor Raymond, Bennett, Bishop and McCann.
NAYS: None.
By Councilman Bishop, seconded by Councilman Bennett, it was
#783-78 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated July 25, 1978, approved by the Director of Public
Works and approved for submission by the Mayor, with respect to the
assessment for street lighting on property owned by Robert N Matzo,
35550 Six Mile Road, Livonia, Michigan, the Council does hereby determine
to reduce the number of assessable units against Bureau of Taxation Parcel
08R2 (35550 Six Mile Road) from 2 1/2 units to 1 unit, and provided,
further, that the cost of the 1 1/2 units removed from the Assessment Roll
by this action shall be assumed by the City, and provided, further, that
Council Resolution 635-69, adopted on June 11, 1969, shall be amended only
to the extent necessary to implement the action taken herein, 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: Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Raymond, it was
#784-78 RESOLVED, that having considered a communication from Miller,
Canfield, Paddock and Stone, the City's Bond Counsel, dated May 22, 1978
with respect to the proposed approval of the firm of J F Peters &
Associates, Inc. as Professional Engineers to determine value and utility
substituted pursuant to Section 13 of the Lease between the City of Livonia
and Allied Supermarkets dated April 1, 1967, the Council does hereby
determine to refer this matter to the Department of Law for its report and
recommendation.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Nash, Taylor, Raymond, Bennett, Bishop and McCann.
ift• NAYS: None
By Councilman Bishop, seconded by Councilman Taylor, it was
#785-78 RESOLVED, that having considered a communication from the Mayor,
dated August 7, 1978, to which is attached a communication from the
17296
Chairman of the Historic Preservation Commission, dated July 17, 1978,
with respect to propertiet-proposed to be added to and deleted from the
Historic Preservation Commission Ordinance, the Council does hereby deter-
mine to concur in the recommendations contained therein and the Department
of Law is requested to prepare an ordinance amending Ordinance No. 1129,
as amended, the Historic Preservation Commission Ordinance, in accordance
with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Taylor, Raymond, Bennett, Bishop and. McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Bennett, it was
#786-78 RESOLVED, that having considered a communication from the Chief
of Police and the Director of the Department of Public Safety - Police,
dated July 27, 1978, approved for submission by the Mayor, with respect to
the proposed amendment of Section 8-214(d) of the Livonia Code of
Ordinances, as amended, (B B or Air Guns), the Council does hereby
determine to refer this matter to the Legislative Committee for its report
and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Taylor, Raymond, Bennett, Bishop and. McCann.
NAYS: None.
By Councilman Bishop, seconded by Councilman Taylor, it was
#787-78 RESOLVED, that having considered a communication from Robert K.
Seymour, A I.A , Chairman of the Historic Preservation Commission, dated
August 1, 1978, approved for submission by the Mayor, with respect to the
Tax Reform Act of 1976, the Council does hereby determine that Robert K.
Seymour be authorized to submit the City's Historic Preservation Commission
Ordinance for certification by the Heritage Conservation and Recreation
Service, U S Department of the Interior, for purposes of the Tax Reform
Act of 1976.
A roll call vote was taken on the foregoing resolution with the following result:
AYES* Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS. None.
By Councilman Nash, seconded by Councilman Bennett, it was
#788-78 RESOLVED, that having considered a communication from the City
Engineer, dated. July 26, 1978, approved by the Director of Public Works
and approved for submission by the Mayor, with respect to Argonne and.
Schanhites Marquette Manor Subdivisions, S.A D. Paving Projects, Cracked
Drive Approaches, and an attachment thereto with respect to a proposed
policy for cracked and/or spared drive approach problems in conjunction
with special assessment paving projects, the Council does hereby determine
to refer the matter of an overall policy to the Streets, Roads and Plats
17297
Committee for its report and recommendation, provided, further, that with
respect to the Argonne and Schanhites Marquette Manor Subdivisions and.
Deering Avenue north of Joy Road, the Council does hereby determine to
offer the following alternatives to homeowners in those subdivisions whose
drive approaches have cracked within one year of the date of installation:
a) The Engineering Division will cause the cracked drive approach(es)
to be removed at no cost to the property owner, and thereafter, the
property owner shall be required to install a paved drive approach at
his sole cost and expense within one (1) year of the date of removal
of the cracked drive approach; or
b) The cracked drive approach(es) shall be left in place and the property
owner sh0,01 be charged for only 50% of the cost of installation with
the City assuming the remaining 50% of the cost;
and the City Engineer, 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: Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None.
Councilman Nash gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND. (Pet. 78-3-3-4)
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 above Ordinance was placed on the table for consideration at the next regular
meeting of the Council
Councilman Bishop gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
(Petition 78-5-3-5)
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 above Ordinance was placed on the table for consideration at the next regular
meeting of the Council
17298
Councilman Nash gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 28 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO. 54+3,
AS AMENDED, KNOWN AND CITED AS THE "CITY
OF LIVONIA ZONING ORDINANCE," BY ADDING
SECTION 3. THERETO. RE: PETITION 78-1-1-2
FOR CHANGE OF ZONING FROM P.L. TO M-1
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Bishop gave first reading to the following Ordinance.
AN ORDINANCE AMENDING SECTION 5 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO. 54+3,
AS AMENDED, KNOWN AND CITED AS THE "CITY
OF LIVONIA ZONING ORDINANCE, " BY ADDING
SECTION 3. THERETO. RE. PETITION 78-2-1-12
FOR CHANGE OF ZONING FROM RUF TO C-1
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Nash gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 11 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO. 54+3,
AS AMENDED, KNOWN AND CITED AS THE "CITY
OF LIVONIA ZONING ORDINANCE," BY ADDING
SECTION 3 THERETO. RE. PETITION 78-3-1-15
FOR CHANGE OF ZONING FROM R-1 TO P.S.
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 above Ordinance was placed on the table for consideration at the next regular
Lmeeting of the Council.
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Councilman Bishop gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 14 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 78-3-1-19
FOR CHANGE OF ZONING FROM RUF TO P.S.
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 above Ordinance was placed on the table for consideration at the next regular
meeting of the Council
Councilman Bennett 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 78-4-1-22
FOR CHANGE OF ZONING FROM R-2 TO P.S.
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 above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
By Councilman Nash, seconded by Councilman Bishop, it was
#789-78 RESOLVED, that having considered the report and recommendation from
the Chairman of the Traffic Commission, dated July 28, 1978, pursuant to
Council Resolution 518-78, adopted on June 7, 1978, approved for
submission by the Mayor, with regard to the question of whether or not
traffic control devices should be installed on Hathaway Avenue between
Farmington Road and Stark Road in the Southeast 1/4 of Section 33, the
Council does hereby determine to take no further action at this time.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None.
17300
By Councilman Bennett, seconded by Councilman Bishop, it was
#790-78 RESOLVED, that the City Engineer having filed with the City Clerk
a statement dated June 12, 1978 on all matters required by Section 2-506 of
the Livonia Code of Ordinances, as amended, and a first public hearing
having been held thereon on August 14, 1978, after due notice as required
by Section 2-507 of said Code, and after careful consideration having been
given to all such matters, the Council does hereby, pursuant to Section
2-508 of said Code:
1) accept and approve said statement in all respects;
2) determine to make the improvement consisting of industrial type pave-
ment of Surrey Avenue and Graytona Avenue, respectively, in the N.E.
1/4 of Section 28, T 1 S , R. 9 E. , City of Livonia, Wayne County,
Michigan, as described in said statement; and to defray the cost of
such improvement by special assessment upon the property especially
benefited in proportion to the benefits derived or to be derived;
3) approve the plans and specifications for said improvement as set forth
in said statement dated June 12, 1978;
4) determine that the estimated cost of such improvement is $97,398.21;
5) determine that the cost of said improvement shall be paid for in part
by special assessments on the property benefited thereby and in part
by the City at large, in proportions hereafter established,
6) that the proportion of the cost and expense of said improvement to be
borne and paid by the City shall be $27,639.68 and that the balance
of said cost and expense of said public improvement amounting to
$59,758.53 shall be borne and paid by special assessments on all lands
and premises in the special assessment district as herein established
in proportion to the benefits to be derived therefrom;
7) determine that assessments made for such improvement may be paid in
ten (10) annual installments together with interest thereon on the
unpaid balance;
8) designate the assessment district, describing the land and premises
upon which special assessments shall be levied as follows:
Lots 3 through 8, and Lots 65b through 79, of Grayton Highway
Subdivision and Lots lal, 2a1, 1a2, 2a2, 41b1 and 41b2 of Newman Farms
Subdivision, and Wayne County Bureau of Taxation Parcel 28Ala.
9) that the City Assessor is hereby directed to prepare a special
assessment roll including all lots and parcels of land within the above
district designated by the Council and to assess to each such lot or
parcel of land such relative portions of the whole sum to be levied
against all lands in the special assessment district as the special
benefits to such lots or parcels of land bear to the total benefit of
all land and also to enter upon such roll the amount which has been
assessed to the City at large, all in accordance with the determination
of the City Council; and
17301
10) that upon the completion of said roll the City Assessor shall attach
thereto the certificate required by the provisions of Section 2-510
of the Livonia Code of Ordinances, as amended, of the City of Livonia
and file the same with the City Clerk who thereupon is directed to
present the same to the City Council prior to the holding of the
second public hearing thereon required by Section 2-511 of the said
Code.
A roll call vote was taken on the foregoing resolution with the following result.
AYES Nash, Taylor, Raymond, Bennett, Bishop and McCann
NAYS: None
By Councilman Bennett, seconded by Councilman Bishop, it was
#791-78 WHEREAS, pursuant to due and proper notice, published and mailed
to all property owners in Special Assessment District No 186 for the
proposed improvement consisting of the placement of four inches of asphalt
on the existing roadway (Alternate IV) in Livonia Hills Estates Subdivision
in Section 6 in the City of Livonia, Wayne County, Michigan, as required
by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia
Code of Ordinances, as amended, a public hearing thereafter having been
held thereon on Monday, August 14, 1978, at 8 00 P M at the City Hall,
33001 Five Mile Road, Livonia, Michigan, and the City Council having duly
met and reviewed the special assessments levied on the special assessment
roll as prepared by the City Assessor to cover the district portion of the
cost of the street improvement to be constructed in Special Assessment
District No. 186; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED, THAT.
(1) The City Council does hereby determine that the assessments
set forth in said Special Assessment Roll dated June 8, 1978,
in the amount of $63,527.31, are fair and equitable and
based upon benefits to be derived by construction of improve-
ments proposed in said district, in accordance with the plans
of the City Engineer and resolutions of the City Council,
(2) Said Special Assessment Roll No. 186 is hereby approved and
confirmed in all respects,
(3) The amount of said roll shall be divided into ten (10) equal
annual installments with interest at the rate of eight (8%)
percent per annum on the unpaid balance of the assessment
from the date of confirmation Said interest shall be
payable on each installment due date; provided, however, that
after the issuance of bonds to be issued in anticipation of
the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be adjusted to
a rate which is not more than 1% above the average rate of
interest borne by said bonds In such cases where the
17302
installments will be less than Ten Dollars ($10 00) the
number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10.00)
as possible. The first installment shall be due and payable
December 1, 1979 and subsequent installments on December 1st
of succeeding years;
(4) Pursuant to the provisions of Section 2-513 of the Livonia
Code of Ordinances, as amended, the City Clerk shall endorse
the date of confirmation on the assessment roll, and the
said assessment roll shall then be immediately transmitted
to the City Treasurer who shall then publish notice as is
required by Section 2-519 of the Livonia Code of Ordinances,
as amended, and mail assessment statements to the respective
property owners assessed in the manner and substance as
provided by said Section 2-519 Any property owner assessed
may, within sixty (60) days from December 1, 1979 pay the
whole or any part of the assessment without interest or
penalty;
(5) The first installment shall be spread upon the 1979 City
tax roll in the manner required by Section 2-521 of the
Livonia Code of Ordinances, as amended, together with
interest upon all unpaid installments from sixty (60) days
after December 1, 1979 and thereafter one (1) installment
shall be spread upon each annual tax roll together with one
(1) year' s interest upon all unpaid installments; provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 2, Chapter 5 of the
Livonia Code of Ordinances, as amended, either within the
sixty (60) day period as provided by Section 2-520, or after
the expiration of the sixty (60) day period as provided by
Section 2-523 then there shall be spread upon the tax roll
for such year only the interest for all unpaid installments;
and
(6) The City Council having determined to pay a portion of the
cost, fifteen (15%) percent, of the said improvement within
the said district in the sum of $9,542.60.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS. None.
The President relinquished the Chair to the Vice-President at 8 55 P M
By Councilman Bishop, seconded by Councilman Raymond, it was
#792-78 RESOLVED, that having considered a communication, dated June 20,
1978, from the City Planning Commission which sets forth its resolution
tem 6-107-78 with regard to Petition 77-9-1-31, as amended, submitted by the
City Planning Commission, pursuant to Council Resolution 411-78, for a
change of zoning on property located south of Seven Mile Road, west of
Merriman Road, in the Northeast 1/4 of Section 10 from P.L. to RUFC to R-3,
and the Council having conducted a public hearing with regard to this
17303
matter on August 14, 1978, pursuant to Council Resolution 615-78, the
Council does hereby determine to concur in the recommendation of the
Planning Commission and said. Petition 77-9-1-31, as amended, is hereby
approved and granted; and the City Planner is hereby instructed to cause
the necessary map for publication to be prepared indicating the zoning
change herein approved and to furnish the same to the Department of Law
and, upon receipt of such map, the Department of Law is requested to
prepare an ordinance amending Ordinance No. 543, as amended, in accordance
with this resolution.
A roll call vote was taken on the foregoing resolution with the following result
AYES. Nash, Taylor, Raymond and Bishop.
NAYS: *Bennett.
The Vice-President declared the resolution adopted.
*The Vice-President relinquished the Chair to Councilman Bishop at 8.57
P. M. to make the following statement: "I cannot support this change of zoning
This section is almost totally RUF. This is an error in my opinion. "
The Vice-President resumed the Chair at 8.58 P. M
By Councilman Raymond, seconded by Councilman Nash, and unanimously
adopted, it was
#793-78 RESOLVED, that the Council does hereby determine to refer the
subject of lot depths as prescribed in the Zoning Ordinance to the
Committee of the Whole for further consideration.
*The President resumed the Chair at 8:59 P. M
By Councilman Bishop, seconded by Councilman Bennett, it was
#794-78 RESOLVED, that having considered a communication from the City
Engineer, dated August 22, 1978, approved by the Director of Public Works
and approved for submission by the Mayor, with regard to the Doris Avenue
Special Assessment District Paving Project between Seven Mile Road and.
Curtis Avenue in Section 11, the Council does hereby determine that the
improvements in the said special assessment district shall be made without
the construction of a boulevard for the reasons stated in the aforesaid
communication, and Council Resolution 695-78, adopted on July 26, 1978,
which confirmed the assessment roll, is hereby amended only to the extent
necessary to implement the action taken herein, and the City Clerk and
City Treasurer are hereby requested to do all things necessary or inciden-
tal to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None
17304
By Councilman Nash, seconded by Councilman Taylor, it was
#795-78 RESOLVED, that having considered a communication from the City
Engineer dated August 22, 1978, approved by the Director of Public Works
and approved for submission by the Mayor, with regard to the 1978
Miscellaneous Residential Street Paving Program, the Council does hereby
determine that the City will assume its share of the cost to construct the
intersections at Jamison and Middlebelt, Deering and Seven Mile Road, and
Doris and Seven Mile Road, respectively, in accordance with the standards
of the Wayne County Road Commission at such time as road improvements are
scheduled for the widening of Middlebelt and/or Seven Mile Roads to their
ultimate widths within the areas of the respective intersections, and
further, the Council does hereby determine that the City will assume the
responsibility for maintaining that portion of the above intersections
which are to be improved in conjunction with the 1978 Miscellaneous
Residential Street Paving Program until such time as the Board of Wayne
County Road Commissioners completes the widening of Middlebelt Road and/or
Seven Mile Road in the vicinity of these intersections, and the Mayor and
City Clerk are hereby authorized for and on behalf of the City of Livonia
to execute an Agreement with the Wayne County Road Commission in order to
implement the action taken herein as well as 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.
Low AYES: Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Nash, and unanimously
adopted, it was
#796-78 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 Taylor, it was
#797-78 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated August 28, 1978, 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 is attached a copy of a
letter dated August 25, 1978 from R E Dailey & Company, Construction
Manager, concurred in by Ralls-Hamill Architects, Inc. , the Council does
hereby accept the bid of Brian & Gregory Contracting Co , Inc. , P 0 Box
70, Allen Park, Michigan 48101, on the basis of the deductive alternate
which deletes the construction of the east parking lot, for the Phase III,
Part 14B Contract (Site Earthwork) construction work of the new Civic Center
Municipal Building in the amount of $139,000 00, the same having been in
fact the lowest bid received for this item and meets all specifications,
and the Council does hereby appropriate and authorize the expenditure of a
sum not to exceed $139,000.00 from Federal Economic Development Administra-
tion Funds for this purpose; and the Director of Public Works is authorized
to approve all minor adjustments in the work as completed; and the Mayor
and City Clerk are hereby authorized to execute a contract for and on
17305
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. Nash, Taylor, Raymond, Bishop and McCann.
NAYS Bennett.
The President declared the resolution adopted
By Councilman Bishop, seconded by Councilman Nash, it was
#798-78 RESOLVED, that having considered the report and recommendation
of the City Engineer, dated August 28, 1978, which bears the signature of
the Finance Director, is approved by the Director of Public Works and is
approved for submission by the Mayor, to which is attached a copy of a
letter dated August 25, 1978 from Ralls-Hamill Architects, Inc and a copy
of a letter dated August 8, 1978 from R E Dailey & Company, Construction
Manager, to which is attached Change Order No. 9, the Council does hereby
determine to approve and authorize the Director of Public Works to sign for
and in behalf of the City of Livonia the said Change Order No. 9 in the
amount of $49,167 00 in connection with the contract between the City of
Livonia and Electrical Maintenance, 8420 Goldie, Walled Lake, Michigan
48088, for the Phase III, Part 7 (Electrical Work) construction work of
the new Civic Center Municipal Building, the action herein being taken for
the reasons indicated in the aforesaid communications.
A roll call vote was taken on the foregoing resolution with the following result.
AYES. Nash, Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None
By Councilman Nash, seconded by Councilman Taylor, and unanimously
adopted, it was
#799-78 WHEREAS, pursuant to the direction of the City Council in its
resolution 90-78, adopted on February 1, 1978, and in accordance with
Section 2-510 of the Livonia Code of Ordinances, as amended, the City
Assessor of the City of Livonia has prepared, reported and certified to the
Council under date of June 14, 1978 an assessment roll dated June 14, 1978
for the improvement consisting of a 31-foot wide full-depth asphalt pave-
ment with concrete curbs and gutters (Alternate II) on Cardwell Avenue
between Joy Road and West Chicago in the Southeast 1/4 of Section 36, City
of Livonia, Michigan, containing the special assessments to be assessed and
levied, respectively, in the proposed special assessment district heretofore
established for the construction and operation of the proposed improvement
in said district as designated in Council Resolution 90-78.
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted
by the City Council; that it is hereby ordered to be filed in the Office
of the City Clerk for public examination, that the City Clerk be and hereby
is directed to give notice as required by the provisions of Section 2-511
of the Livonia Code of Ordinances, as amended, to wit that the assessment
roll has been made and filed in the Office of the City Clerk for public
17306
examination and that the City Council of the City of Livonia will meet in
the City Hall in said City, 33001 Five Mile Road, on Monday, October 23,
1978, at 8.00 P M to review the said SPECIAL ASSESSMENT ROLL at which
time and place opportunity will be given to all interested persons to be
heard,
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior to
the aforesaid date of October23, 1978; the City Clerk is also directed to
give notice of said hearing by sending written notice thereof by first
class mail to each and every property owner in the proposed assessment
district as their respective names and addresses appear on the most current
assessment roll in the City Assessor's Office.
By Councilman Nash, seconded by Councilman Bennett, it was
#800-78 RESOLVED, that having considered the report and recommendation of
the Chief Inspector and the Director of Public Works, dated August 28, 1978,
approved for submission by the Mayor, the Council does hereby determine to
authorize the employment of Alex Zhmendak, 35618 Orangelawn, Livonia,
Michigan 48150, for the unit price of .0210 per square yard for weed
cutting and $8.00 per cubic yard for rubbish removal, the same being herein
authorized without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance with the
provisions set forth in Section 2-213(d)(5) of the Livonia Code of Or-
dinances, as amended, and the Director of Public Works is hereby authorized
to approve minor adjustments in the work as required; 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: Nash, Taylor, Raymond, Bennett and McCann
NAYS. Bishop.
The President declared the resolution adopted.
*Councilman Nash was excused at 9:17 P M
By Councilman Bennett, seconded by Councilman Bishop, it was
#801-78 RESOLVED, that having considered the report and recommendation
from the City Engineer, dated August 28, 1978, approved by the Director of
Public Works and approved for submission by the Mayor, the Council does
hereby authorize the release to Rouge Valley Construction Company, 32300
Schoolcraft, Suite D-8, Livonia, Michigan, the proprietor of the Hampshire
Estates Subdivision, located in the S N 1/4 of Section 24, the Grading
and Soil Erosion Control Bond in the amount of $4,800.00 previously
17307
deposited pursuant to Council Resolution 640-75, adopted on July 23, 1975,
Lop and as subsequently amended by Council Resolutions 992-75, 139-76 and
1128-77, the action herein being taken for the reasons indicated in the
aforementioned report of the City Engineer that all soil erosion control
plan requirements have been fulfilled 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. Taylor, Raymond, Bennett, Bishop and McCann.
NAYS: None.
On motion of Councilman Bennett, seconded by Councilman Bishop, and
unanimously adopted, this 889th Regular Meeting of the Council of the City of
Livonia was duly adjourned at 9.18 P M , August 30, 1978.
)
ADDISON W. BACTTp CLERK