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HomeMy WebLinkAboutCOUNCIL MINUTES 1977-11-21 16713 L MINUTES OF THE EIGHT HUNDRED AND SEVENTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 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 Nash delivered the invocation. Roll was called with the following result: Present--Robert E. McCann, Robert F. Nash, Jerry H. Brown, Jerry Raymond, Peter A. Ventura, Robert R. Bishop and Robert D. Bennett. Absent--None. Elected and appointed officials present. Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Frances S. Stem, Deputy City Clerk, Jack Dodge, Director of Finance, Robert Osborn, Director of Public Works, Ronald Mardiros, City Assessor; James Inglis, Director of Livonia Housing Commission; John Nagy, City Planner; G. E. Siemert, City Engineer, Robert Turner, Police Chief; Michael Reiser, LWater and Sewer Board; and William DuBose of the Planning Commission. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #1025-77 RESOLVED, that the minutes of the 870th Regular Meeting of the Council of the City of Livonia, held November 2, 1977, are hereby approved. The communication from the CETA Program Administrator, dated October 31, 1977, transmitting federally required Quarterly Reports relative to the City's CETA Program, was received and filed for the information of the Council. The communication from the Planning Director, dated October 27, 1977, advising the Council that petitioners, Samuel and Dora Abdoo have requested the withdrawal of Petition No. 76-3-1-8, relative to the rezoning of property at the northeast corner of Farmington Road and Clarita, was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Nash, it was 16714 #1026-77 RESOLVED, that having considered a communication from the Director of Finance, dated October 27, 1977, approved for submission by the Mayor, the Council does hereby determine to authorize the purchase of gasoline from Texaco, Inc., effective October 7, 1977, at the follow- ing unit prices: Less than 4,000 Gals. - .452/Gallon More than 4,000 Gals. - .408/Gallon Lead Free Less than 4,000 Gals. - .4845/Gallon Lead Free More than 4,000 Gals. - .4355/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 Ordi- nances; and all prior resolutions in conflict herewith are hereby repealed, amended, or revised to the extent necessary to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, *Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. *Councilman Raymond made the following statement I still feel that we are paying too much for the gasoline that we are buying. By Councilman Ventura, seconded by Councilman Bishop, it was #1027-77 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated October 26, 1977, which bears the signature of the Finance Director and is approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby determine to accept the following bids for supplying the Public Service Division (Forestry, Parks, and Golf Course Sections) with uniforms at the following unit prices, inasmuch as the same were the lowest bids received and meets all specifications. Carhartt, Inc. , P. 0. Box 600, Dearborn, Michigan 48121 Items to be furnished. Unit Price Bid Blue Jean-type Work Pants $ 8.10 Blue Jean-type Jackets 13.95 Allie Bros., 20331 Middlebelt, Livonia, Michigan 48152 Work Shirts 8.00 Work Tee Shirts 2.70. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. 16715 By Councilman Ventura, seconded by Councilman Brown, it was #1028-77 RESOLVED, that having considered a communication from the Building Inspector, the Director of Public Works, and the Finance Director, dated November 3, 1977, approved for submission by the Mayor, wherein a request is submitted for a transfer of funds with respect to the employees auto expense, the Council does hereby determine to transfer the sum of $3,000 from the Building and Zoning Salaries Account No. 101-380-702.000.000 to the following accounts in the following amounts, the action herein being taken for the reasons indicated in the aforesaid communication: Auto Expense - Employees Account No. 101-380-861.010.000 - Building & Zoning $1,576.00 Account No. 101-382-861.010.000 - Electrical 443.00 Account No. 101-400-861.010.000 - Heating & Refrigeration 495.00 Account No. 101-410-861.010.000 - Plumbing 486.00. A roll call vote was taken on the foregoing resolution with the following result: AYES. Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bennett, it was #1029-77 RESOLVED, that having considered a communication from the City Engineer, dated October 24, 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, wherein a request is submitted for the purchase of an additional bookcase and cabinet in the Engineering Division, the Council does hereby determine to authorize the transfer of the sum of $200 from the Engineering Division's Travel and Education Account No. 864-010 to the Capital Improvement Account No. 441-987 for this purpose. A roll call vot was taken on the foregoing resolution with the following result AYES. Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS• None. By Councilman Raymond, seconded by Councilman Nash, it was #1030-77 RESOLVED, that having considered a communication from the Director of Finance, dated October 19, 1977, approved for submission by the Mayor, with regard to certain overall pension cost increases in the current budget, the Council does hereby determine to increase budgeted Revenue Account No. 101-000-504 (Building Permits) in the amount of $38,234 and to thereafter appropriate and authorize the transfer of the sum of $38,234 from the aforesaid budgeted account 101-000-504 to be distributed to the pension accounts set forth in the attachment to the aforesaid communication in the amounts indicated herein. 16716 A roll call vote was taken on the foregoing resolution with the following result. AYES• Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Raymond, it was #1031-77 RESOLVED, that having considered a communication from the Director of Finance, dated October 19, 1977, approved for submission by the Mayor, wherein it is indicated that an appropriation is required for the Research and Investigation Account in the amount of $6,000.00, the Council does hereby determine to increase Budgeted Revenue Account No. 101-000-567 (State Income Tax) in the amount of $6,000 and to thereafter appropriate and authorize a transfer of a like sum from the aforesaid account to Account No. 101-277-838, 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, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Bishop, it was #1032-77 RESOLVED, that having considered a communication from the Director of Finance dated November 1, 1977, approved for submission by the Mayor, with regard to the need to appropriate certain additional sums for utilities, the Council does hereby determine to increase budget- ed Revenue Account No. 101-000-573 (State Payments for Business Inventory Tax) in the sum of $55,000 and to thereafter appropriate a like amount from the aforesaid account to be transferred to the following accounts in the following amounts, the action herein being taken for the reasons indicated in the aforesaid communication. Account No. Description Amount 101-141-928 Heat, Light & Water, Judicial $10,000.00 101-304-928 " Police 10,000.00 101-444-928 " Operations 10,000.00 101-707-928 " " " Recreation 6,000.00 101-710-923 Heat Swimming Pools 2,500.00 101-715-923 Heat Ice Rinks 8,500.00 101-738-928 Heat, Light & Water, Library 8,000.00 $55,000.00. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. 16717 By Councilman Ventura, seconded by Councilman Bishop, it was #1033-77 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Fblice, dated October 18, 1977, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein a request is submitted for an appropriation to cover overtime costs, the Council does hereby determine to appropriate the sum of $9,000 from the Unexpended Fund Balance Account to be transferred to the following accounts in the following amounts, the action herein being taken for the reasons indicated in the aforesaid communication; Traffic Bureau Account No. 101-302-709 $2,700.00 Central Records Bureau Account No. 101-321-709 400.00 Patrol Bureau Account No. 101-325-709 5,600.00 Community Service Officers Account No. 101-332-709 300.00 $9,000.00. A roll call vote was taken on the foregoing resolution with the following result AYES Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS- None. By Councilman Raymond, seconded by Councilman Nash, it was #103+-77 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated October 18, 1977, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein a request is made for an appropriation of funds to cover the City's share of certain CETA expenses, the Council does hereby determine to appropriate the sum of $17,637.00 from the Unallocated Surplus Account to be transferred to the following accounts in the following amounts for this purpose: Central Records Bureau Account #101-321-712.951.000 $ 1,912 00 Special Service Bureau #101-323-712.051.000 2,101.00 Patrol Bureau It #101-325-712.051.000 9,022.00 Community Service Officers " #101-332-712.051.000 1+,602.00 $17,637.00. A roll call vote was taken on the foregoing resolution with the following result: AYES. Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #1035-77 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Fblice, dated October 17, 1977, which bears the signature of the Finance Director and is approved 16718 for submission by the Mayor, wherein a request is submitted for a transfer of certain funds, the Council does hereby determine to authorize the transfer of $1,000 from Account 101-316-702, $10,000 from Account 101-325-702, and $900 from Account 101-329-702, to the following accounts in the following amounts Communications Account #101-310-709 $ 1,000.00 Special Services #101-323-702 1,615.00 Community Service Officers " #101-332-702 9,285.00 $11,900.00. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS. None. By Councilman Bishop, seconded by Councilman Raymond, it was #1036-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 25, 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, and the attached invoice of the Wayne County Road Commission, #38998, the Council does hereby authorize Final Payment in the amount of $4,142.70 to the Board of Wayne County Road Commissioners, which sum includes the full and complete balance due to cover the City's share of the cost of the installation of a Traffic Signal at the intersection of Seven Mile Road and Wayne Road, which traffic signal was authorized to be installed in Council resolution #979-76, adopted on November 23, 1976, and the Council does hereby appropriate and authorize the expenditure of the additional sum of $1,752.70 from Motor Vehicle Highway Fund Receipts (Major Road Account) for this purpose, and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS- None. By Councilman Bishop, seconded by Councilman Brown, it was #1037-77 RESOLVED, that having considered a communication from the City Engineer, dated October 28, 1977, which bears the signature of the Director of Finance, is approved by the Director of Public Works and the City Attorney, and is approved for submission by the Mayor, to which is attached a proposed agreement between the Michigan State Highway Commis- sion and the City of Livonia for resurfacing of the bridge structure which carries Hines Drive over Ann Arbor Road (M-14) in the City of Iwo Livonia, the City's share for this work being 12-1/2% which is estimated 16719 to be $5,375.00, the Council does hereby authorize the Mayor and the City Clerk to affix their signatures to such contract for and on behalf of the City of Livonia in the manner and form herein submitted, and the Council does hereby appropriate a sum not to exceed $5,375 from the City's Motor Vehicle Fund Receipts (Major Road Account) for this purpose, and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES• Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Raymond, it was WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. , more particularly described in Council resolution +7-77, adopted on January 5, 1977, as amended.by Council resolution x#671-77, adopted on July 13, 1977, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Cherokee Trail Subdi- vision in said Special Assessment District No. NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornament- al poles and underground wiring and that the assessments set forth in said Special Assessment District No. roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No. based on installation of ornamental poles and underground wiring is hereby approved and confirmed in all respects, pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES Bennett and McCann. NAYS: Nash, Brown, Raymond, Ventura and Bishop. The President declared the resolution DENIED. 16720 By Councilman Brown, seconded by Councilman Bishop, and unanimously imp adopted, it was #1038-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 8, 1976, and in accordance with the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed installation of ornamental street lighting with underground wiring in Cherokee Trail Subdivision, located in the Southwest 1/4 of Section 33, City of Livonia, Wayne County, Michigan, and a public hear- ing having been held thereon on January 3, 1977, pursuant to Council resolution #1021-76, after due notice as required by Title 2, Chapter 5 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the Special Assessment proceeding heretofore commenced for the proposed improvement; FURTHER, the Council does hereby request that the City Engineer prepare a new Special Assessment District for the installation of one street light on the island located at Hanlon and Crandon Avenues, the cost of which is to be defrayed by special assessment, and in this re- gard the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, 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 there- for and an estimate of 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 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 2-514 of the Livonia Code of Ordinances, as amended. By Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, it was #1039-77 RESOLVED, that having considered a communication from William E. Ackerman, 9828 Roseland, Livonia, Michigan, dated October 28, 1977, wherein a request is made for the installation of a sidewalk north of Woodring in the Shelden Park, the Council does hereby determine to refer the same to the City Engineer for his report and recommendation. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1040-77 RESOLVED, that having considered a communication from Mr. and Mrs. Vincent Polizzi, 9924 Roseland, Livonia, Michigan, and Mr. and Mrs. Emmett Carroll, 9928 Roseland, Livonia, Michigan, dated November 3, 1977, and having also considered a communication from Mr. and Mrs. James R. Petrik, 9614 Roseland, Livonia, Michigan, dated November 14, 1977, where- in a request is submitted for the installation of street lighting in 16721 Shelden Park, at the north end of Roseland Street in this area, the ImeCouncil does hereby determine to refer the same to the City Engineer for his report and recommendation. By Councilman Bennett, seconded by Councilman Ventura, it was #1041-77 RESOLVED, that having considered a communication from the City Clerk dated November 2, 1977, which indicates that the Martinuzzi Construction Company, 24207 Tamarack Cr. , Southfield, Michigan, proprie- tor of Ron-Mar Estates Subdivision, situated in the North 1/2 of Section 19, City of Livonia, Michigan, has delivered final true plats to the City Clerk and has requested that said plat be presented to Council for final approval; and the Council having received a communication from the City Planning Commission dated November 2, 1977, wherein said Commission approves the final plat for the said subdivision in its resolution #11-241-77, adopted on November 1, 1977, and the Council having consider- ed a report from the City Engineer dated October 28, 1977 recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution #633-?7, adopted on June 29, 1977, said preliminary plat having been recommended for approval by the City Planning Commission on November 9, 1976 in its resolution #11-224-76, NOW, THEREFORE, the Council does hereby determine to grant its approval to the Final Plat of Ron-Mar Estates Subdivision, located in the North 1/2 of Section 19, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordi- nances of the City of Livonia, and further, the City Clerk is hereby requested to do all things necessary or incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS• None. By Councilman Nash, seconded by Councilman Ventura, it was #1042-77 RESOLVED, that having considered the report and recommendation from the City Engineer, dated October 27, 1977, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby authorize a release to Ager Building Company, 27620 Farming- ton Road, Farmington, Michigan, the proprietor of Bainbrdige Courts Subdivision, of the Cash Escrow in the amount of $1,825 previously deposited with respect to the installation of survey monuments and markers within the said subdivision, deposited with the City in accord- ance with Council resolution #689-73 adopted on August 15, 1973 as thereafter subsequently amended by Council resolution #350-74 adopted on May 8, 1974 and by Council resolution #912-74 adopted on December 11, 1974, and Council resolution #8-75 adopted on January 8, 1975, FURTHER,the financial assurances now on deposit for general _and sidewifik improve- 16722 ments 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 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: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #1043-77 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated June 27, 1977, with respect to the request by Baseline Drugs, Inc., for a new SDD License to be held in conjunction with 1977-78 SDM licensed business located at 33479 W. Eight Mile Road, Livonia, Michigan, the Council does hereby take this means to advise the Liquor Control Commission that the request herein is now in full compliance with the requirements prescribed in the Livonia Zoning Ordinance and that the City of Livonia no longer has any objection to the approval of the applicant's request for an SDD License, 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: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Raym9nd, seconded by'Councilman Nash, it was #1044-77 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated April 19, 1977, and the report and recommendation of the Chief of Police dated November 1, 1977, in connection therewith, the Council does hereby approve of the request from Enz-Mar Corporation for an addition to their application for a Class C License and SDM License located at 27777 Schoolcraft Road, Livonia, Michigan, previously approved in CR-87-77, adopted on January 19, 1977 of a Dance, Entertainment and eight (8) service bar permits, 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• Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was 16723 #1045-77 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated September 22, 1977, and the report and recommendation of the Chief of kblice dated November 7, 1977, in connection therewith, the Council does hereby approve of the request from Frank Capoccia to transfer location of 1977-78 SDD-SDM Licensed business to a new building on the same site at 33614 Plymouth Road, Livonia, Michigan, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commis- sion. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, it was #1046-77 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated August 26, 1977 and the report and recommendation of the Chief of Police dated November 3, 1977 in connection therewith, the Council does hereby approve of the request from Bulus L. and Hanneh L. Hamameh to transfer ownership of 1977 SDD-SDM Licensed business from Sidney and Hedy Brown, located at 15254 Middlebelt Road, Livonia, Michigan, 48154, 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: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Nash, it was #1047-77 RESOLVED, that having considered a communication from Ex-Cell-0 Corporation, Troy, Michigan 48084, wherein it is indicated that it has transferred its facilities from 12320 Globe Street, Livonia, Michigan, to 850 Ladd Road, Walled Lake, Michigan, and which further indicates that Ex-Cell-0 Corporation desires to obtain an Industrial Development Act, 1974 PA 198, Exemption for the Walled Lake facility, the Council does hereby determine to take this means to indicate that the City of Livonia does hereby consent to the granting of the said exemption certificate in the manner and form requested, 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• D11U i. AYES: Nash, Brown, Ventura, Bishop, Bennett and McCann. NAYS: Raymond. The President declared the resolution adopted. 16724 By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #1048-77 RESOLVED, that having considered a communication from Mr. and Mrs. Donald R. Thor, 14175 Newburgh, Livonia, Michigan 48154, dated October 19, 1977, wherein a request is made for the vacating of a drainage easement located on Lot 14 of Zimmerman and Fbrter's Schooleraft Estates Subdivision in Section 19, City of Livonia, Michigan, the Council does hereby determine to refer the name to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance. By Councilman Raymond, seconded by Councilman Bishop, and unanimously adopted, it was #1049-77 RESOLVED, that having considered a communication from the National League of Cities, dated October 31, 1977, with respect to the Annual Congress of Cities to be conducted in San Francisco, California on December 3 - 7, 1977, the Council does hereby designate Mayor Edward H. McNamara as the Official Voting Delegate of Livonia, Michigan, and Council President Robert E. McCann as the Official Alternate Voting Delegate of Livonia, Michigan, with respect to the Annual Business Ses- sion of the Congress of Cities to be conducted at the said Annual Congress of Cities, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution, including the forwarding of a copy of the "Designation of Voting Dele- gate" form, attached to the aforesaid communication, to the Michigan Municipal League. By Councilman Bishop, seconded by Councilman Raymond, and unanimously adopted, it was #1050-77 RESOLVED, that having considered a communication from the Mayor, dated November 1, 1977, to which is attached a proposed ordinance amend- ment to the Traffic Ordinance which would provide for restricted residen- tial parking in certain designated areas, the Council does hereby deter- mine to refer the same to the Legislative Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #1051-77 RESOLVED, that having considered a communication from the Department of Law dated October 20, 1977, submitted pursuant to Council resolution #941-77, to which is attached a proposed Detroit Edison Franchise Ordinance, and having also considered a communication from the Regional Representative for Community & Governmental Affairs of the Detroit Edison Company, dated November 14, 1977, in connection therewith, the Council does hereby determine to refer the same back to the Depart- ment of Law for its report and recommendation. 16725 By Councilman Ventura, seconded by Councilman Nash, it was #1052-77 RESOLVED, that having considered the report and recommendation of the Department of Law dated November 3, 1977, approved by the City Planner, and approved for submission by the Mayor, the Council does hereby authorize the execution of the attached Stipulation for Consent Judgment and the entry of the Consent Judgment in Wayne County Circuit Court Civil Action No. 76 620954 CE entitled Livonia Associates, a Michigan co-partnership, vs City of Livonia, a Municipal corporation. A roll call vote was taken on the foregoing resolution with the following result: AYES• Nash, Brown, Raymond, Ventura, Bishop and McCann. NAYS: Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #1053-77 RESOLVED, that having considered a communication from the City Engineer, dated October 14, 1977, approved by the Director of Public Works and approved for submission by the Mayor, wherein it is proposed that nine (9) existing paved streets in Section 12, 23 and 33 be resur- L the Council does hereby determine to refer the same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Bishop, seconded by Councilman Brown, it was #1054-77 RESOLVED, that having considered a communication from the Director of Public Works, dated November 1, 1977, approved for submission by the Mayor, the Council does hereby determine to authorize the Depart- ment of Public Service to do all things necessary to demolish and remove the office building located at 31145 West Eight Mile Road (North Yard) which was formerly utilized by the Parks and Forestry Section, the action herein being taken for the reasons indicated in the aforesaid communica- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Bishop, Bennett and McCann. NAYS. Raymond and Ventura. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Nash, and unanimously adopted, it was #1055-77 RESOLVED, that having considered a communication from the City Engineer, dated October 14, 1977, approved by the Director of Public Works 16726 and approved for submission by the Mayor, which transmits the results of a Sound Study and Analysis of that portion of the City which is located in the vicinity of the 1-96/275 Interchange, pursuant to Council resolution #313-77, the Council does hereby determine to acknowledge the receipt of same; further, the Council requests that the City Engineer continue to apprise the Council of such developments as may occur in the future with respect to this matter. By Councilman Ventura, seconded by Councilman Bishop, it was #1056-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 24, 1977, which bears the signature of the Director of Finance, is approved by the Public Utilities Manager and the Director of Public Works, and is approved for submission by the Mayor, the Council does hereby authorize the completion of and the repair of a 21" Sanitary Sewer, crossing the freeway section near Henry Ruff, by Stock Brothers, Incorporated, Roseville, Michigan, for a total price of $4,535.00, the same to be appropriated from the Unallocated Surplus Account of the Sewer Fund subject to the reimbursement of said sum by the State of Michigan in accordance with Transportation Work Authoriza- tions (Fiscal Control No. 71676), further, the Council does hereby deter- mine 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)(4) and (5) of the Livonia Code of Ordinances, as amended, and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES. Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #1057-77 RESOLVED, that having considered a communication from the Superintendent of Public Service, dated October 17, 1977, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the continual endeavor to keep the City's streets and rights-of-way clear of dead and diseased trees (mostly Dutch 11m disease) the Council does hereby authorize the Public Service Division to prepare specifications and bidding documents and to thereafter obtain bids for completing the work referred to, as detailed in the attachment to the aforesaid communication, and in accordance with provisions of law and City Ordinance. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was 16727 #1058-77 RESOLVED, that having considered a communication from the City Engineer, dated October 31, 1977, approved by the Director of Public Works and approved for submission by the Mayor, with regard to certain problems which are involved in the proposed improvement of Wentworth Avenue, west of Middlebelt Road, in accordance with condition 46 as required in the approved waiver-use Petition #76-10-2-19 submitted by the Apostolic Christian Church, the Council does hereby determine to de- lay the requirement that the petitioner comply with condition 46 for a one-year period at which time the Council will review this matter for the purpose of taking further action, and the Council does hereby request that the Department of Public Service submit its report and recommendation concerning the improvement of Wentworth Avenue, West of Middlebelt Road, in Section 14, by providing additional gravel and grading. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #1059-77 RESOLVED, that the Council having adopted resolution #824-77 at its regular meeting held on September 7, 1977 requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed street improvement of Dnris Avenue, from Seven Mile Road to Curtis Avenue, in the N. E. 1/4 of Section 11, with a 27-foot wide deep- strength asphalt pavement with valley swales, City of Livonia, Michigan, the number of 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 there- for 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 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 October 24, 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. By Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, it was #1060-77 RESOLVED, that before the Council determines to authorize a paving improvement on Curtis between Melvin Avenue and the Coolidge Elementary School, in Section 11 in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby 16728 requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, 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 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 number of installments in which assessments may be paid and the lands which should be included in the proposed special assess- ment district, pursuant to the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended. By Councilman Bennett, seconded by Councilman Bishop, it was #1061-77 RESOLVED, that having considered a communication from the City Planning Commission dated October 24, 1977 which transmits its resolution #10-209-77 wherein the City Planning Commission did amend Part V of the Master Plan of the City of Livonia, entitled "The Master School and Park Plan, " so as to delete therefrom property located on the northeast corner of Middlebelt Road and West Chicago, in the Northwest 1/4 of Section 36, the Council does hereby determine to request that the Mayor submit his report and recommendation with respect to this matter. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Brown, Raymond, Bishop, Bennett and McCann. NAYS: Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Nash, it was #1062-77 RESOLVED, that having considered a communication dated October 26, 1977 from the City Planning Commission which transmits its resolution #10-218-77 adopted on October 18, 1977 with regard to Peti- tion #77-8-2-16, submitted by Merritt, Cole & McCallum requesting waiver Use approval to construct a church on property zoned R-2 and located on the west aide of Farmington Road between Ford Field and Schoolcraft Road, in the Southeast 1/4+ of Section 21, the Council does hereby deter- mine to concur in ,he recommendation made by the City Planning Commission and Petition #77-8-2-16 is hereby approved and granted, such approval to be based upon the same conditions as are set forth in the aforesaid recommendaticn of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES. Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was 16729 #1063-77 RESOLVED, that having considered a communication dated October 17, 1977 from the City Planning Commission which transmits its resolution #10-211-77, adopted on October 4, 1977, with regard to Petition #77-7-3-9 submitted by the City Planning Commission, on its own motion, requesting the vacating of an easement located across Lot 218 of Green Brier Estates Subdivision No. 2, on the south side of Six Mile Road, east of Mayfield Avenue, in the Northwest 1/4 of Section 15, the Council does hereby consur in the recommendation of the City Planning Commission and to grant and approve said Petition #77-7-3-9, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, it was #1064-77 RESOLVED, that having considered a communication from the CETA Program Administrator, dated November 2, 1977,approved by the Finance Director and approved for submission by the Mayor, to which is attached a Preapplication for CETA Title III, Part C, Subpart 2, Youth Community Conservation and Improvement Projects, the Council does hereby authorize the said grant preapplication in the manner and form indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result. AYES. Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that pursuant to 1968 PA 65, as amended, the Council does hereby appoint Amy Juntunen, 32215 Meadowbrook Lane, Livonia, Michigan as the Democratic member to the Board of Canvassers of the City of Livonia for a term expiring December 31, 1981. By Councilman Ventura, seconded by Councilman Nash, it was RESOLVED, that the Council does hereby determine to substitute, in lieu of the above resolution a resolution which would appoint Mr. Nick Iatrow as the Democratic member to the Board of Canvassers of the City of Livonia. A roll call vote was taken on the motion to substitute, as follows. AYES Nash, Brown, Ventura, Bennett and McCann. NAYS: Bishop and Raymond. The President declared the motion to substitute, adopted 16730 A roll call vote was taken on the substitute resolution as follows : #1065-77 RESOLVED, that pursuant to 1968 PA 65, as amended, the Council does hereby appoint Mr. Nick J. Iatrow, 14753 Fairway Drive, Livonia, Michigan, as the Democratic member to the Board of Canvassers of the City of Livonia for a term expiring December 31, 1981. with the following result. AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. The President declared the resolution, as substituted, adopted. By Councilman Bennett, seconded by Councilman Ventura, it was #1066-77 RESOLVED, thatpursuant to 1968 PA 65, as amended, the Council does hereby appoint Mr. Harold E. Schoen, 36701 Richland Avenue, Livonia, Michigan, as the Republican member to the Board of Canvassers of the City of Livonia for a term expiring December 31, 1981. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #1067-77 RESOLVED, that Michigan National Bahk of Detroit, be and hereby is appointed as Paying Agent in paying the principal and interest on $1,085,000 City of Livonia 1977 Motor Vehicle Highway Fund Bonds dated August 1, 1977 bonds, in accordance with the terms thereof. RESOLVED FURTHER, That Michigan National Bank, West Metro, Livonia, Michigan be and hereby is appointed Co-Paying Agent(s) with respect to the aforementioned bonds. RESOLVED FURTHER, That Michigan National Bank of Detroit receive as compensation for its services as Paying Agent, the following fees, payable with respect to each semi-annual maturity: Administrative Charges (semi-annual) : 1/200th of 1% (.00005) of the aggregate principal sum of the bonds issued (Maximum $375.00, minimum $25.00) plus $12.50 per Co-Paying Agent. Payment of Interest: $0.15 per coupons maturing ($20.00 minumum) Payment of Principal $1.50 per bond maturing 16731 For services as Registrar and Transfer Agent; $0.50 per bond registered, transferred or released RESOLVED FURTHER, That all statements of account and, unless cremation has been authorized by separate Agreement, all cancelled obligations shall be forwarded by the Paying Agent to: City Clerk, City of Livonia 33001 Five Mile Road Livonia, Michigan 48154 Telephone 421-2000 A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #1068-77 RESOLVED, that having considered a communication dated August 10, 1977 from the City Planning Commission which sets forth its resolution #8-164-77 with regard to Petition #77-5-1-13, submitted by Dr. Michael K. Nicola for a change of zoning on property located on the northeast corner of Schoolcraft Road and Ellen Drive, in the Southwest 1/4 of Section 21, from R-2 to PS, and the Council having conducted a public hearing with regard to this matter on October 31, 1977, pursuant to Council resolution 4845-77, the Council does hereby reject the recommendation of the City Planning Commission and Petition #77-5-1-13 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. By Councilman Raymond, seconded by Councilman Bishop, it was f.ES0LVED, that having considered a communication dated August 10, 1977 from the City Planning Commission, which sets forth its resolution #8-164-77 with regard to Petition #77-5-1-13 submitted by Dr. Michael K. Nicola for a change of zoning on property located on the northeast corner of Schoolcraft Road and Ellen Drive, in the South- west 1/4 of Section 21, from R-2 to PS, and the Council having conduct- ed a public hearing with regard to this matter on October 31, 1977, pursuant to Council resolution #845-77, the Council does hereby deter- mine to refer this item to the Committee of the Whole for further consideration. A roll call vote was taken on the motion to refer, with the following result AYES: Raymond, Bishop and Bennett. NAYS• Nash, Brown, Ventura and McCann. The President declared the resolution DENIED. 16732 By Councilman Bennett, seconded by Councilman Brown, it was RESOLVED, that having considered a communication dated August 10, 1977 from the City Planning Commission which sets forth its resolution 48-164-77 with regard to Petition ##77-5-1-13 submitted by Dr. Michael K. Nicola for a change of zoning on property located on the northeast corner of Schoolcraft Road and Ellen Drive, in the Southwest 1/4 of Section 21, from R-2 to PS, and the Council having conducted a public hearing with regard to this matter on October 31, 1977, pursuant Council resolution #845-77, the Council does hereby determine to refer the same to the Streets, Roads and Plats Committee for its report and recommendation. A roll call vote was taken on the foregoing motion with the following result• AYES Brown and Bennett. NAYS• Nash, Raymond, Ventura, Bishop and McCann. The President declared the resolution DENIED. A roll call vote was taken on the original resolution with the following result AYES Nash, Brown, Ventura and McCann. NAYS: Raymond, Bishop and Bennett. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Ventura, it was 41069-77 RESOLVED, that having considered a communication dated August 25, 1977 from the City Planning Commission which sets forth its resolution 48-167-77 with regard to Petition #77-6-1-21, submitted by Bra-Con Industries, Inc. , for a change of zoning on property located on the east side of Newburgh Road, between Plymouth and Amrhein Roads, in the Southwest 1/4 of Section 29, from R-1 to M-1, and the Council having conducted a public hearing with respect to this matter on October 31, 1977, pursuant to Council resolution 4851-77, the Council does hereby reject the recommendation of the City Planning Commission and the said Petition #77-6-1-21 is hereby denied for the following reasons: 1. The proposed change of zoning would provide for uses that would be detrimental to the surrounding and established residential uses of the area. 2. The proposed' change of zoning and expansion of the industrial uses of the area would be damaging to and diminish the continued use and enjoyment of the adjoin- ing residential properties. 3. It is not good planning practice to piece-meal the conversion of lands from residential to industrial as to do so aggravates the remaining residential uses of the area. There should be a comprehensive approach to this rezoning proposal. 16733 A roll call vote was taken on the foregoing resolution with the following result. AYES' Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Bishop, it was RESOLVED, that the Council does hereby request that the City Planning Commission, in accordance with Section 23.01(a) of the Zoning Ordinance, conduct a Public Hearing and thereafter submit a report and recommendation on the question of whether or not Lots 15 and 16 of Woodlands Village Subdivision should be rezoned from R-1 to P, AND FURTHER, the Council requests that the City Planning Com- mission consider the vacating of Woodview Drive, east of Newburgh Road, in the Southwest 1/4 of Section 29, and submit its report and recommenda- tion to Council in accordance with provisions of law and City ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Bishop and McCann. NAYS: Nash, Raymond, Ventura and Bennett. The President declared the resolution DENIED. By Councilman Nash, seconded by Councilman Bishop, it was #1070-77 RESOLVED, that having considered a communication dated August 25, 1977 from the City Planning Commission which sets forth its resolution #8-168-77 with regard to Petition No. 77-7-1-22 submitted by Noble Bates for a change of zoning on property located on the southeast corner of Ann Arbor Trail and Newburgh Roads, in the Northwest 1/1+ of Section 32, from C-1 to C-2, and the Council having conducted a public hearing with respect to this matter on October 31, 1977, pursuant to Council resolution No. 851-77, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 77-7-1-22 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. The item on the agenda with respect to Petition No. 77-4-2-7 of Jeanne Hildebrandt, General Manager of Livonia Mall, to construct a Denny's Restaurant on Property located on Southwest Corner of Parking Lot, was removed and will be considered at the Study Session to be conducted on January 23, 1978. 16734 By Councilman Nash, seconded by Councilman Bishop, it was #1071-77 RESOLVED, that having considered a communication from the Director of the Livonia Housing Commission, dated October 27, 1977, approved for submission by the Mayor and the Finance Director, which transmits resolution #13-77 of the Livonia Housing Commission, wherein it is recommended that the $100 deposits made by applicants for Silver Village be returned to same along with a letter of explanation, the Council does hereby request that the City Treasurer release and return to the applicants of Silver Village the $100 "Good Faith" cash deposits which were previously deposited and which are in the Special Trust Fund Account No. 702-000-285.101.000, and the Director of the Livonia Housing Commission is hereby requested to prepare a letter of explanation to be forwarded to the said applicants in the manner and form referred to in Resolution #13-77, and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bennett, it was #1072-77 RESOLVED, that having considered a communication from the Department of Assessment, dated November 1, 1977, approved for submission by the Mayor, with regard to a request from Mr. Charles C. Adams, 7633 Clyde Road, Fenton, Michigan 48430, to revise the split of Tax Item No. 08A3b2 (46 029 99 0007 000) as previously approved in Council Resolution #419-76, the Council does hereby determine to rescind Council Resolution #419-76 for the reasons indicated in the aforesaid communication, FURTHER, in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, theCouncil does hereby find that the proposed division and combination of Tax Item No. 08A3b2 (46 629 99 0007 000) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing and combining of the same into four (4) parcels, the Legal Descriptions of which shall read as follows: 16735 Parcel A L Part of the Northeast Quarter of Section 8, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, being more particularly described as follows: Commencing at the Northeast corner of Section 8, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, thence South 00 degrees 16 minutes 30 seconds East along the East line of said Section 8, a distance of 1989.00 feet to a point; thence South 89 degrees 44 minutes 10 seconds West along a line that is parallel to the North line of said Section 8, a distance of 461 50 feet to the point of beginning of the parcel of land being described herein; Proceeding thence from said point of beginning South 89 degrees 44 minutes 10 seconds West along a line that is parallel to the North line of said Section 8, said line being also the North line of "Nottingham Woods-West Sub'n " (Liber 93 Plats, Page 12 & 13, W.C.R. ), a distance of 198 00 feet to a point, thence North 00 degrees 16 minutes 30 seconds West along a line that is parallel to the East line of said Section 8, a distance of 130 00 feet to a point, thence North 89 degrees 44 minutes 10 seconds East along a line that is parallel to the North line of said. Section 8, a distance of 198.00 feet to a point, thence South 00 degrees 16 minutes 30 seconds East along a line that is parallel to the East line of said Section 8, a distance of 130.00 feet to the point of beginning. Containing 25,740 square feet of land in area. Parcel B Part of the Northeast Quarter of Section 8, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, being more particularly described as follows: Commencing at the L Northeast corner of Section 8, T 1 S , R 9 E. , City of Livonia, Wayne County, Michigan, thence South 00 degrees 16 minutes 30 seconds East along the East line of said Section 8, a distance of 1989.00 feet to a point; thence South 89 degrees 44 minutes 10 seconds West along a line that is parallel to the North line of said. Section 8, a distance of 263.50 feet to the point of beginning of the parcel of land being described herein; Proceeding thence from said point of beginning South 89 degrees 44 minutes 10 seconds West along a line that is parallel to the North line of said Section 8, said line being also the North line of "Nottingham Woods-West Sub'n." (Liber 93 Plats, Page 12 & 13, W.C.R ), a distance of 198.00 feet to a point; thence North 00 degrees 16 minutes 30 seconds West along a line that is parallel to the East line of said Section 8, a distance of 130 00 feet to a point, thence North 89 degrees 44 minutes 10 seconds East along a line that is parallel to the North line of said Section 8, a distance of 198.00 feet to a point, thence South 00 degrees 16 minutes 30 seconds East along a line that is parallel to the East line of said Section 8, a distance of 130.00 feet to the point of beginning. Containing 25,740 square feet of land in area. Parcel C Part of the Northeast Quarter of Section 8, T 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, being more particularly described as follows Commencing at the Northeast Corner of Section 8, T 1 S. , R 9 E , City of Livonia, Wayne County, Michigan, thence South 00 degrees 16 minutes 30 seconds East along the East line of said. Section 8, a distance of 1959 00 feet to a point; thence South 89 degrees 44 minutes 10 seconds West along a line that is parallel to the North line of said L Section 8, a distance of 26.00 feet to a point on the West line of Wayne Road, said point being the point of beginning of the parcel of land being described herein; Proceeding thence from said point of beginning South 89 degrees 44 minutes 10 seconds West along a line that is parallel to the North line of said. Section 8, a distance of 237 50 feet to a point; thence North 00 degrees 16 minutes 30 seconds West along a line that is parallel to the East line of said Section 8, a distance of 100.00 feet to a point; thence North 89 degrees 44 minutes 10 seconds East along a line that is 16736 parallel to the North line of said Section 8, a distance of 237.50 feet to a point on the West line of Wayne Road; thence South 00 degrees 16 minutes 30 seconds East along the West line of Wayne Road, said line being 26 00 feet West of as measured at right angles to and parallel to the East line of said Section 8, a distance of 100.00 feet to the point of beginning. Containing 23,750 square feet of land in area Parcel D Part of the Northeast Quarter of Section 8, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, being more particularly described as follows: Commencing at the Northeast corner of Section 8, T 1 S. , R 9 E , City of Livonia, Wayne County, Michigan, thence South 00 degrees 16 minutes 30 seconds East along the East line of said Section 8, a distance of 1989.00 feet to a point, thence South 89 degrees 44 minutes 10 seconds West along a line that is parallel to the North line of said Section 8, a distance of 26 00 feet to a point on the West line of Wayne Road, said point being the point of beginning of the parcel of land being described herein; Proceeding thence from said point of beginning South 89 degrees 44 minutes 10 seconds West along a line that is parallel to the North line of said Section 8, a distance of 237.50 feet to a point; thence North 00 degrees 16 minutes 30 seconds West along a line that is parallel to the East line of said Section 8, a distance of 30 00 feet to a point; thence North 89 degrees 1i minutes 10 seconds East along a line that is parallel to the North line of said Section 8, a distance of 237.50 feet to a point on the West line of Wayne Road; thence South 00 degrees 16 minutes 30 seconds East along the West line of Wayne Road, said line being 26 00 feet West of as measured at right angles to and parallel to the East line of said Section 8, a distance of 30.00 feet to the point of beginning. Containing 7,125 square feet of land in area as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS. None. The communication from the Assistant City Assessor, dated October 31, 1977, with respect to the proposal of Fretter Appliance to split Tax Item No. 29A2a2, A3al,A3blb, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #1073-77 RESOLVED, that having considered a communication from the Director of Finance, dated November 2, 1977, approved for submission by the Mayor, to which are attached the annual reports received from General Depositories and Collecting Agents for taxes and water bills, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. 16737 By Councilman Ventura, seconded by Councilman Raymond, it was #1074-77 RESOLVED, that having considered a communication from the Department of Law, dated November 2, 1977, which transmits for Council acceptance a Grant of Easement, dated October 26, 1977, executed by Mar-Five Investments, a Michigan Partnership, by its partners Guido Martinuzzi and Ronald Martinuzzi, conveying to the City an easement to be used in connection with the installation of a sanitary sewer system in Ron-Mar Estates Subdivision, which easement is more particularly described as follows. A 5 foot wide sanitary sewer easement in the N.W. 1/4 of Section 19, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point distant S. 00° 04' 10" W. 6o.00 feet and N. 89° 55' 50" W. 20.00 feet and S. 00° 00' 49" E. 145.59 feet from the North 1/4 corner of said Section 19, T. 1 S., R. 9 E., and proceeding thence S. 00° 00' 49" E. 8.03 feet, thence S. 38° 31' 04" W. 40.08 feet, thence along acurve to the left Radius 60.00 feet, central angle 04° 46' 50" an arc distance of 5.01 feet and whose chord bears N. 53° 52' 22" W. a distance of 5.00 feet; thence N. 38° 11' 04" E. 46.57 feet to the point of beginning. and A 10 foot wide sanitary sewer easement in the N. W. 1/4 of Section 19, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point distant S. 00° 00' 49" E. 60.00 feet and N. 89° 55' 50" W. 187.01 feet and S. 00° 04' l0" W. 62.32 feet from the North 1/4 corner of said Section 19, T. 1 S., R. 9 E., and proceed- ing thence S. 11° 47' 09" E. 158.96 feet; thence along a curve to the right Radius 50.00 feet, central angle 11° 32' 12" an arc distance of 10.07 feet and whose chord bears S. 72° 26' 45" W. a distance of 10.05 feet, thence N. 11° 47' 09" W. 112.33 feet, thence N. 00° 04' 10" E. 48.68 feet to the point of beginning. the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS None. The communication dated October 20, 1977 from the Bureau of Inspection, in regard to the abandoned house at 10845 Wayne Road, (CR-977-77), was received and filed for the information of the Council. 16738 By Councilman Nash, seconded by Councilman Ventura, it was #1075-77 RESOLVED, that having considered the report and recommendation of 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, the Council does hereby authorize a one-year lease of a 1978 Chevrolet Pick-up Truck, to be used by the City Animal Control Officer, which vehicle shall be provided by Tennyson Car & Truck Rental Company, 32570 Plymouth, Livonia, Michigan 48150, for the price of $1S5 per month ($1,860 per year), further, the Council does hereby determine to authorize the said Lease without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provi- sions set forth in Section 2-213(d)(4) and (5) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #1076-77 RESOLVED, that having considered a communication from the Executive Director of the Community Commission on Drug Abuse, dated August 25, 1977, to which is attached a facility study and treatment environment review of the Community Commission on Drug Abuse, the Council does hereby determine to refer the same to the Capital Improvement Committee for its report and recommendation. Councilman Bishop gave first reading to 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. 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 Ordinances: 16739 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 ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE• PETITION NO. 77-5-1-15 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 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 #1077-?7 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 )DCIII 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 77-8-1-30 submitted by the Amoco Oil Company for a change of zoning of property located on the southwest corner of Farmington and Schoolcraft Roads in the Northeast 1/4 of Section 28, from M-1 to C-2, the City Planning Commission having in its resolu- tion #10-206-77 recommended to the City Council that Petition #77-8-1-30 be denied, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the a) nature of the proposed amendment to the Zoning Ordinance, and/or b) location of the proposed change(s) of zoning as set forth above, first to be published in the official newspaper of the City of 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, theCity Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. 16740 By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #1078-77 RESOLVED, that the Council does hereby establish the follow- ing dates for the purpose of conducting regular meetings of the City Council for the month of December, 1977 Wednesday, December 14, 1977, and Wednesday, December 21, 1977. By Councilman Brawn, seconded by Councilman Nash, and unanimously adopted, it was #1079-77 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 Brown, seconded by Councilman Raymond, it was #1080-77 RESOLVED, that having considered a communication from the City Planning Commission, dated October 11, 1977, which transmits its resolution #10-215-77 adopted on October 4, 1977 with regard to Petition #77-9-8-21 submitted by Dembs-Roth, requesting site plan approval in connection with a proposal to remodel and construct an addition to an existing building located on the north side of Plymouth Road between Haller and Camden, in Section 25, pursuant to the provi- sions 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 #77-9-8-21 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES. Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS. Nash. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Brown, it was #1081-77 RESOLVED, that having considered a communication from the City Engineer dated November 4, 1977, which bears the signature of the Finance Director and is approved by the Director of Public Works, and approved for submission by the Mayor, with regard to certain paving projects which have required extensive engineering and inspection services, the Council does hereby determine to increase the Engineering and Inspection Fee Account (No. 618-030) in the amount of $5,500 and to thereafter appropriate a like amount from the aforesaid account to be transferred to the Engineering Salaries and Wages Overtime Account (No. 441-709), the action herein being taken for the reasons indicated in the aforesaid communication. 15741 A roll call vote was taken on the foregoing resolution with the following result- AYES. Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Brown, it was #1082-77 RESOLVED, that having considered the report and recommendation of the Department of Law dated November 17, 1977, approved by the City Planner, and approved for submission by the Mayor, the Council does hereby authorize the execution of the attached Stipulation for Consent Judgment and the entry of Consent Judgment in Wayne County Circuit Court Action No. 77-702469-CE entitled Eugene Applebaum vs The City of Livonia, a Michigan municpal corporation. A roll call vote was taken on the foregoing resolution with the following result- AYES. Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. On motion of Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, this 871st Regular Meeting of the Council of the City of Livonia was duly adjourned at 10.45 P. M , November 21, 1977. ADDISON W. %• CI CLERK.