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HomeMy WebLinkAboutCOUNCIL MINUTES 1976-07-07 15717 L MINUTES OF THE EIGHT HUNDRED AND THIRTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 7, 1976, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called, to order by the President of the Council at approximately 8:05 P. M. . Councilman 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; Jack Dodge, Finance Director, Robert Osborn, Direc- tor of Public Works, G. E. Siemert, City Engineer, John Nagy, City Planner, Edward Milligan, Director of Public Safety-Fblice; Robert Turner, POlice Chief; John T. LDufour, Superintendent of Parks and Recreation; Dan Gilmartin, Industrial Coordinator, James Miller, Personnel Director, Russell A. Gronevelt, Superintendent of Operations; Michael McGee, Administrative Assistant to the Mayor; and William P. Scruggs of the City Planning Commission. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #560-76 RESOLVED, that the minutes of the 837th regular meeting of the Council of the City of Livonia, held. June 23, 1976, are hereby approved. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #561-76 WHEREAS, the City Council of the City of Livonia is justifiably concerned with any trade, occupation or business which may have an effect upon the health, safety, or welfare of the residents of this community; and WHEREAS, there is no logical reason why local legislative bodies, L acting together with the Michigan Liquor Control Commission, should not have a voice in the approval, disapproval, renewal and revocation of licenses for the sale of beer and wine or spirits for consumption on the premises; and 15718 WHEREAS, under the existing provisions of the Michigan Liquor Control Act, communities located in counties with a population of 1,000,000or over are effectively precluded from exercising authority in the matter of licensing establishments whi^11 sell beer and wine or spirits for consumption on,.the premises; am. WHEREAS, under the provisions of House Bill 6425 which is present- ly being considered by the State House of Representatives, with the excep- tion of cities having a population of 1,000,000 or more, the issuance and. renewal of such licenses would be subject to the approval of the local legislative body and such licenses could be revoked (after due notice and proper hearing) upon its request, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia does hereby take this means to voice its approval and support of House Bill 6425 and does further request that the City Clerk send copies of this resolution to All affected communities in Wayne County as well as to Senator Carl Pursell and. State Representatives Robert Geake, John Markes and William Keith. By Councilman Bishop, seconded by Councilman Raymond, it was 4562-76 RESOLVED, that having considered the report and recommendation of the Supt. of Operations dated June 14, 1976 which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the Unit Price Bid of Night & Day Cleaner and Uniform Rental, 15846 W. Warren, Detroit, Michigan 48228, for supplying the City (Department of Public Works) with rental uniforms and cleaning service for the estimated total amount of $304.50 per week, said unit prices bid being for the period through July 31, 1978, the same having been in fact the lowest bid received for this item which meets specifications. 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 #563-76 RESOLVED, that having considered the report and recommendation of the City Engineer dated June 24, 1976 which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the Unit Price Bid of Padula & D'Orazio Paving, Incorporated, 13484 Surrey, Livonia, Michigan 48150 for the proposed Industrial Road Development in the Northwest 1/4 of Section 29 consisting of: Street Paving, Constructing the Pdblic Water System, installation of Storm Sewers and a Sanitary Sewer System, (Contract No. 76-V), in accordance with plans and specifications as prepared by the Engineering Division attached to the aforesaid communi- cation, for the estimated total cost of $167,929.90 based on the Engineer- ing Division's estimate of units of work involved and subject to the final 15719 based on the actual units of work constructed in accordance with the unit prices accepted herein, said estimate cost and unit prices having been in gact the lowest bid received for this item, further, the Council does hereby authorize an advance in the amount of $124,319.65 from the 9.8 Million Dollar General Road Improvement Bond Issue which amount shall be reimbursed from the Special Assessment District established for this pro- ject; and further, the action taken herein with respect to the water main construction shall be made conditioned upon receipt by the City of an advance payment from Mr. Charles Lazette in the sum of $26,250.00 to cover said water main construction cost with this figure to be finally adjusted based upon the cost of actual work completed, and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as constructed, and the Mayor and the City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the afore- said 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, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS None. By Councilman Raymond, seconded by Councilman Nash, it was #564-76 RESOLVED, that having considered a communication from the Director of Finance dated June 8, 1976, approved for submission by the Mayor, to which is attached the City's Annual Membership fee notice from the Michigan Municipal League for the period July 1, 1976 through June 30, 1977 in the amount of $5,534.00, the Council does hereby determine to authorize the payment of same and for this purpose requests that the City Treasurer and the City Clerk 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 Brown, it was #565-76 RESOLVED, that having considered a communication from the Director of Finance dated June 15, 1976, approved for submission by the Mayor, to which is attached a schedule of 1975-76 Salaries and Fringe Benefit Adjust- ments for various City departments in the amounts of• $140,064.00 for Salaries and Wages, $15,090.00 for Pension, and $8,167.00 for F I.C.A., for a total amount of $163,321.00, the Council does hereby determine to approve the same and for this purpose appropriates $163,321.00 to the Accounts indicated from the Unexpended Fund Balance Account, further, the Council authorizes an increase in budgeted amounts for state shared revenues as well as the Unexpended Fund Balance Account in the sum of $163,321.00! 15720 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 4566-76 RESOLVED, that having considered a communication from the Person- nel Director dated June 2, 1976, approved by the Director of Finance and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on February 5, 1976 together with certain communications from the Michigan Department of Commerce, Blue Cross-Blue Shield, and the Michigan Hospital Service, the Council does hereby deter- mine to appropriate and authorize the expenditure of the sum of $72,206.48 in order to cover the cost involved in providing employee coverage with Blue Cross/Blue Shield for the balance of the Fiscal Year 1975-76, $50,000.00 of which sum is hereby appropriated from life insurance refunds and $22,206.48 from an increase as shown in property tax revenues; further, the Council does hereby authorize an increase in Hospitalization Account 719 in rates for the various City Departments as shown in the schedule attached to 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 Brown, seconded by Councilman Nash, it was 4567-76 RESOLVED, that having considered a communication from the Supt. of Parks, Recreation and. Forestry dated April 25, 1976, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby determine to appropriate the sum of $1095.00 from the Unexpend- ed. Fund. Balance Account to be transferred to the Forestry Division Account 101-781-982-000-000 for the purpose of replacing certain power saws which were recently stolen, 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 Bishop, seconded by Councilman Bennett, it was 4568-76 RESOLVED, that having considered a communication from the Livonia. Arts Commission dated June 7, 1976, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $2,000 from the Postage Fund to the Promotion Fund to be used for Nusic Under the Stars. " 15721 A roll call vote was taken on the foregoing resolution with the following result: L AYES• Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. The communication dated June 14, 1976 from the Superintendent of Parks and Recreation, regarding an application for Federal Funds to construct tennis courts at Rotary Park, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Ventura, it was #569-76 RESOLVED, that having considered a communication from the Super- intendent of the Department of Parks and Recreation dated June 16, 1976, approved by the Director of Finance and approved for submission by the Mayor, wherein it is recommended that an underground gasoline storage tank be installed at Whispering Willows Golf Course, the estimated cost of which is $3,600 00, and that a new gasoline pump be installed at the Idyl Wyld Golf Course, the estimated cost of which is $1,200.00, the Council does hereby determine to appropriate the total sum of $4,800.00 for these purposes, $3200.00 of which shall be from the 4,4 Million Dollar General Obligation Park and Recreational Facilities Bond Issue, and $1600.00 of which shall be from the Unexpended Fund Balance Account, and the Super- L intendent of Operations is hereby requested to prepare specifications and thereafter take bids for the aforesaid items in accordance with provisions of law and City Ordinance. A roll car 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 Raymond, it was #570-76 RESOLVED, that having considered a communication from the Super- intendent of Operations dated June 10, 1976 which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to authorize the transfer of the following amounts to the following accounts• (1) $3,000 to Building Maintenance Heating and Air Conditioning Account No. 101-447-811.000.000 from Building Maintenance Employee Benefit Accounts in the following manner: Account No. 101-447-715.000.000 - $1,000 Account No. 101-447-719 000 000 - 800 L Account No. 101-447-720.000.000 - 200 Account No. 101-447-722 000.000 - 1,000 15722 (2) $6,000.00 to Building Maintenance Supplies Account L No. 101-447-776.000 000 from Building Maintenance Salaries and Wages Account No. 101-447-702.000.000. the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result AYES Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Bennett, it was #571-76 RESOLVED, that having considered a communication from the Administrative Aide to the Mayor dated June 21, 1976, approved by the Director of Finance and approved for submission by the Mayor, with regard to the action taken in Council resolution #502-76 adopted on June 9, 1976 wherein the Council did approve an emergency grant in the amount of $250 for the repair of a roof at the home of Mr. and Mrs Clarence Gray, 27595 Goff, Livonia, Michigan, the Council does hereby determine to authorize as an advance from the Unexpended Fund Balance Account the sum of $250 for this purpose, said sum to be reimbursed to the aforesaid account upon receipt by the City of appropriate federal monies. 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 June 9, 1976 from Mr. and Mrs. Wm. Kovachevich of 11025 Fairfield, regarding the removal of a chinese elm tree by City personnel, was received and filed for the information of the Council? By Councilman Bishop, seconded by Councilman Brown, it was unanimously adopted #5572-76 RESOLVED, that having considered a communication from Vera Tucker, 20044 Floral, Livonia, Michigan 48152, dated June 15, 1976, wherein she requests city assistance in the clean-up of a river which runs through her area, the Council does hereby determine to refer the same to the Director of Community Resources for her report and recommendation. The communications from the Michigan Liquor Control Commission and the Livonia Police Department, with respect to the request of Showerman's Party Store Lto add space to their establishment, was received and filed for the information of the Council. The following resolution was unanimously introduced, supported and adopted 15723 #573-76 RESOLVED, that having considered a letter from the Coventry Gardens Improvement Association dated June 11, 1976 requesting permission to block off Rayburn at Farmington Road, Myrna at Farmington Road, Rayburn at Stamford, and Edington at Rayburn, on Saturday, July 24, 1976 from 10 00 a m to 10 00 p. m , for the purpose of conducting an annual subdivision picnic, the Council does hereby deter- mine to grant permission as requested including therein permission to conduct the said affair on Sunday, July 25, 1976 in the event of inclement. weather, the action taken herein being made subject to the approval of the Police Department By Councilman Brown, seconded by Councilman Raymond, it was #574-76 RESOLVED, that having considered the report and recommendation of the City Engineer dated June 11, 1976, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of the Michael Kerby Industrial Subdivision, located in the Northwest 1/4 of Section 28, of the Financial Assurances with respect to the General Improvement Bond (there being no Sidewalk Bond requirements established), previously deposited pursuant to Council resolution #955-75, adopted on November 25, 1975, as thereafter subsequently amended in Council resolution #181-76 which previously reduced such financial assurances to $40,000.00, to guarantee the satisfactory installation of improvements in the said Michael Kerby Industrial Subdivi- sion; further, the Grading and Soil Erosion Control Bond in the amount of $870.00, and the Monuments and Markers cash payment in the amount of $605.00 shall remain unchanged the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia, and the City Clerk and the City Treasurer are hereby authorized to do all things neces- sary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS- None By Councilman Nash, seconded by Councilman Bennett, it was #575-76 RESOLVED, that having considered a communication from the City Planning Commission dated June 16, 1976 which transmits its resolution #6-95-76, adopted on June 8, 1976, with regard to Petition #76-6-8-11, submitted by Jerome Bookstein, requesting site plan approval in connection with the proposal to remodel fronts of existing commercial stores located on the south side of Plymouth Road, between Middlebelt and Harrison Roads, in Section 36, the Council does hereby determine pursuant to the provisions 15724 set forth in Section 18.47 of Ordinance No. 543, as amended, to concur in. the recommendation of the Planning Commission and Petition #76-6-8-11 is hereby approved, such approval to be based upon the same conditions as L those svhich are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES. Nash, Brown, Ventura, Bishop, Bennett, Raymond and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Raymond, it was #576-76 RESOLVED, that having considered a communication from the City PlanningCommission dated June 16, 1976 which transmits its resolution #6-96-7 , adopted on June 8, 1976, with regard to Petition #76-6-8-10, submitted by Marvin Bookstein for Ace Furniture Company, requesting site plan approval for a proposal to make exterior modifications to an existing commercial building located on the south side of Plymouth Road, between Middlebelt Road and Milburn, in Section 35, the Council does hereby pursuant to provisions set forth in Section 18.47 of Ordinance 543, as amended, to concur in the recommendation of the Planning Commission and Petition #7.6-6-8-10 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommenda- tion of the Planning Commission. L A roll call vote was taken on the foregoing resolution with the following result AYES Nash, Brown, Ventura, Bishop, Bennett, Raymond and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #577-76 RESOLVED, that having considered communications dated May 12 and May 17, 1976 from the Chief of Police and the Director of Public Safety - Police which bear the signature of the Director of Finance and are approved for submission by the Mayor, and having also considered Opinion No. 76-3 dated May 26, 1976 from the Department of Law regarding the processing of various gun permits and registrations, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration at a meeting to be conducted on July 19, 1976 at 7 00 P. M. By Councilman Brown, seconded by Councilman Raymond, it was #578-76 RESOLVED, that having considered a communication from Mr. and Mrs. Robert German, 31660 Bobrich Street, Livonia, Michigan 48152, dated May 18, 1976, regarding the permission granted to Mr. and Mrs. J. Ninomiya in Council resolution #570-74 to connect a property line fence to city-owned fence' in Rotary Park, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration at a meeting to be conducted on July 19, 1976 at 8 00 P. M. 15725 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. *Councilman Bennett was excused at 8 42 p. m. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #579-76 RESOLVED, that having considered a communication from the Mayor dated June 18, 1976, submitted pursuant to Council resolution 4460-76, wherein it is recommended that the proposed position of Senior Citizen Coordinator be established in the Department of Parks and Recreation, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration, at meeting to be held Sept.27,1976,7:30 P.P., By Councilman Ventura, seconded by Councilman Brown, it was 450-76 RESOLVED, that having considered a communication from the CETA Program Administrator, dated June 8, 1976, approved by the Director of Finance and approved for submission by the Mayor,the Council does hereby authorize and approve Grant Modification Number 6 to CETA Title VI in the manner and form indicated in the aforesaid communication and attachments. A roll call vote was taken on the foregoing resolution with the following result- AYES: Nash, Brown, Raymond, Ventura, Bishop and McCann. NAYS' None. By Councilman Raymond, seconded by Councilman Ventura, it was #581-76 RESOLVED, that having considered a communication from the CETA Program Administrator, dated June 10, 1976, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize and approve Grant Modification Number 4 to CETA Title III, 1976 SPEDY Program, in the manner and form indicated in the aforesaid communication and attachments. A roll call vote was taken on the foregoing resolution with the following result. AYES- Nash, Brown, Raymond, Ventura, Bishop and McCann. NAYS: None. *Councilman Bennett returned at 8 45 p. m. By Councilman Bishop, seconded by Councilman Nash, it was 15726 #582-76 RESOLVED, that having considered a communication from the Personnel Director, approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on June 10, 1976 wherein it is recommended that the classification of Community Development Coordinator be established with the following salary range- Step 1 Step 2 Step 3 Stepp Step 5 Annually 14,040.00 14,580.80 15,225.60 15,828.80 16,452.80 Bi-weekly 540.00 560.80 585.60 608.80 632.80 Hourly 6.75 7.01 7.32 7.61 7.91 the Council does hereby determine to approve and concur of such action. 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, and unanimously adopted, it was #583-76 RESOLVED, that having considered a communication from the Person- nel Director, submitted pursuant to Council resolution #381-76, approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on June 10, 1976 wherein the Commission recommends the establishment of certain guidelines with respect to the reimbursement for broken eyeglasses, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #584-76 RESOLVED, that having considered a communication from the Mayor dated June 16, 1976 with regard to a proposed City of Livonia garage sale tentatively scheduled to be held in June 1977 for the disposal of obsolete and unused materials and equipment, the Council does hereby determine to take this means to indicate that it agrees in principle with this concept and requests that the Director of Finance, prior to such garage sale being conducted, submit a report to Council which contains a specific itemization of the materials and equipment which will be the subject of the said sale. By Councilman Bishop, seconded by Councilman Ventura, it was #585-76 RESOLVED, that having considered a communication from the Depart- ment of Law dated June 14, 1976, approved by the President of the Histori- cal Commission, and the Supt. of Parks and Recreation, and approved for submission by the Mayor, to which is attached a communication from the trust officer of the Estate of Jean Boyd Hill, with attachments, offering 1572$ as a gift to the City of Livonia certain household goods and personal effects of the said estate, the Council does hereby determine in accorda=nce with Chapter IV, Section 15, of the City Charter, to accept the said gift in the manner and form presented, fulther, the Parks and Recreation Department is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS. None. The communication dated June 21, 1976 from the Chief of Police, with respect to Crime Statistics within the City, was received and filed for the informa- tion of the Council. By Councilman Nash, seconded by Councilman Brown, it was #586-76 RESOLVED, that having considered a communication from Mr. Thomas Sevonty, 8037 Grayfield Avenue, Dearborn Heights, 48127, dated June 23, 1976, which requests permission to paint addresses on street curbs in the City of Livonia on a fee basis, ($2.00 per house), the Council does hereby determine to deny the same. A roll call vote was taken on the foregoing resolution with the following result AYES. Nash, Brown, Raymond and McCann. NAYS. Ventura, Bishop and Bennett. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the Personnel Director dated June 21, 1976, approved by the Director of Finance and approved for submission by the Mayor, which transmits a resolu- tion adopted by the Civil Service Commission on June 10, 1976 which requests that the Civil Service Commission meeting room at the Pierson School Center be provided with an air conditioner, the Council does hereby request that the Superintendent of Operations Division expedite the installation of a temporary window-type air conditioner unit to be installed. in the said meeting room, and for this purpose the Council does hereby appropriate a sum not to exceed $1,000 from the Unexpended Fund Balance Account. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was 15728 4587-76 RESOLVED, that having considered a communication from the Person- nel Director dated. June 21, 1976, approved by the Director of Finance and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on June 10, 1976 which requests that the Civil Service Commission meeting room at the Pierson School Center be provided with an air conditioner, the Council does hereby dete.2- mine to refer the same to the next Study Meeting to be conducted on July 12, 1976. By Councilman Bishop, seconded by Councilman Nash, it was RESOLVED, that having considered a communication from the Mayor, dated May 24, 1976 to which is attached a communication from Manufacturers National Bank of Detroit dated May 28, 1976, and communications from the Michigan National Bank West Metro dated January 26, 1976 and June 2, 1976, the Council does hereby determine to approve and confirm of the selection of Manufacturers National Bank of Detroit and the Michigan National Bank West Metro as Lending Institutions to service the City of Livonia Housing Rehabilitation Loan Program, in the manner and form indicated in the afore- said communication, with attachments. By Councilman Raymond, seconded by Councilman Brown, it was RESOLVED, that the foregoing resolution be amended so as to delete therefrom the designation of Manufacturers National Bank of Detroit Las a Lending Institution. LA roll call vote was takenon the amendment with the following result: AYES: Brown, Raymond, Ventura and Bennett. NAYS. Nash, Bishop and McCann. The President declared, the amendment adopted. A roll call vote was taken on the resolution, as amended, as follows: #588-76 RESOLVED, that having considered a communication from the Mayor, dated May 24, 1976 to which is attached a communication from Manufacturers National Bank of Detroit dated May 28, 1976, and, communications from the Michigan National Bank West Metro dated January 26, 1976 and June 2, 1976, the Council does hereby determine to approve and confirm of the selection of Michigan National Bank West Metro as Lending Institution to service the City of Livonia Housing Rehabilitation Loan Program, in the manner and form indicated in the aforesaid communication, with attachments. with the following result AYES Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Bennett, it was 15729 #589-76 RESOLVED, that having considered a communication from the Mayor dated June 30, 1976, the Council does hereby approve of and concur in Ihw the appointment of Mr. William Du Bose, 8949 Brentwood, Livonia, Michigan, 48150 to the City Planning Commission for a term which will expire on June 9, 1979, provided that Mr. DuBose takes the oath of office as required in Section 3, Chapter X of the City Charter, to be administered by the City Clerk. 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, and unanimously adopted, it was #590-76 RESOLVED, that having considered Petition #76-6-3-5 submitted by Mr. Don E. Vargo, 30325 West Six Mile Road, Livonia, Michigan, dated June 18, 1976, wherein a request is made for the vacating of a portion of Henry Ruff Road in the N.W. 1/4 of Section 14, City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of Law and City Ordinance. By Councilman Ventura, seconded by Councilman Bennett, it was #591-76 RESOLVED, that having considered a communication dated March 12, 1976 from the City Planning Commission which sets forth its resolution #3-26-76 with regard to Petition #73-8-1-31 (rehearing) submitted by Ralph Horowitz and Samuel J. Horowitz, for a change of zoning on property located at the southeast corner of Wayne Road and Plymouth Road, in the Northwest 1/4 of Section 33, from C-1 to C-2, and the Council haying con- ducted a public hearing with regard to this matter on June 21, 1976 pursuant to Council resolution #295-76, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 73-8-1-31 (rehearing) 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, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Bennett, it was 15730 #592-76 RESOLVED, that having considered a communication dated March 12, 1976 from the City Planning Commission which sets forth its resolution #3-27-76 with regard to Petition #75-10-1-28 submitted by the Detroit Federal Savings & Loan Association for a change of zoning on property located at the southeast corner of Orangelawn and Middlebelt Road, in the Northwest 1/4 of Section 36, from P.L. to P.S., C-1 and. P, and the Counc. 1 having conducted a public hearing with regard to this matter on June 21, 1976 pursuant to Council resolution #295-76, and having also considered a communication from the president of the Detroit Federal Savings and Loan Association, dated June 28, 1976 in connection with this matter, the Council does hereby concur in the recommendation of the Planning Commission and the said. Petition #75-10-1-28 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. By Councilman Raymond, seconded by Councilman Ventura, it was #593-76 RESOLVED, that having considered a communication from the Presi- dent of the Detroit Federal Savings & Loan Association, dated June 28, 1976, in connection with a proposal to rezone certain property located on the southeast corner of Orangelawn and Middlebelt Road in the Northwest 1/4 of Section 36 from P. L. to a R-9 zoning classification, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration at a meeting to be conducted on September 27, 1976 at 8.00 P. M. A r.al call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Bishop, Bennett and McCann. NAYS. Nash, Brown and Raymond. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Raymond, it was 0594-76 RESOLVED, that having considered a communication dated March 12,1.7' from the City Planning Commission which sets forth its resolution #3-28-76 with regard to Petition #76-1-1-1 submitted by Mr. Ruben Mardiros for a change of zoning on property located north of Schoolcraft Road, west of Berwick Avenue, in the Souuteast 1/4 of Section 22, from RUF to R-1-B, and the Council having conducted a public hearing with respect to this matter on June 21, 1976 pursuant to Council resolution #295-76, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 76-1-1-1 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for pub- lication 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. 15731 ibr 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 RESOLVED, that having considered a communication dated March 12, 1976 from the City Planning Commission which sets forth its resolution #3-29-76 with regard to Petition #76-1-1-2 submitted by Paul J. Mehl and. Gloria A. Shea, for a change of zoning on property located on the north side of Schoolcraft Road, west of Stark Road, in the Southeast 1/4 of Section 21, from R-2 to P.S., and the Council having conducted a public hearing with respect to this matter on June 21, 1976, pursuant to Council resolution #295-76, the Council does hereby determine to reject the recom- mendation of the Planning Commission and the said Petition #76-1-1-2 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 :cull call vote was taken on the foregoing resolution with the following result. LAYES: Ventura. NAYS: Nash, Brown, Raymond, Bishop, Bennett and McCann. The President declared the resolution DENIED. By Councilman Bishop, seconded by Councilman Bennett, it was #595-76 RESOLVED, that having considered a communication dated March 12, 1976 from the City Planning Commission which sets forth its resolution #3-29-76 with regard to Petition #76-1-1-2 submitted by Paul J. Mehl and Gloria A. Shea, for a change of zoning on property located on the north side ofSchoolcraft Road, west of Stark Road, in the Southeast 1/4 of Section 21, from R-2 to P.S., and the Council having conducted a public hearing with respect to this matter on June 21, 1976, pursuant to Council resolution #295-76, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition A76-1-1-2 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, Bishop, Bennett and. McCann. NAYS Ventura. The President declared the resolution adopted. 15732 By Councilman Ventura, seconded by Councilman Raymond, it was #596-76 RESOLVED, that having considered a communication dated April 23, 1976 from the City Planning Commission which sets forth its resolution 44-41-76 with regard to Petition #76-2-1-5 submitted by Koppy-Densmore, Inc. , for a change of zoning on property located south of Lyndon Avenue, between Levan Road and. Yale, in the Southeast 1/4 of Section 20, from P.L. to R-2, and the Council having conducted a public hearing with respect to this matter on June 21, 1976 pursuant to Council resolution 4438-76, the Council does hereby determine to refer this matter to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES* Nash, Raymond, Ventura, Bennett and McCann. NAYS: Brown and. Bishop. The President declared the resolution adopted. Councilman Bennett gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 18.37 OF ARTICLE XVIII OF ORDINANCE NO. 543) AS AMENDED, KNOWN AND CITED AS THE "ZONING ORDINANCE OF THE CITY OF LIVONIA, " BY ADDING SUBPARAGRAPH (o) THERETO. RE: PETITION 75-10-6-12 (Off-Street Parking Requirements) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word, repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6-168(i) OF TITLE 6, CHAPTER 1 (TRAFFIC ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next .:.egular meeting of the Council. 15733 By Councilman Ventura, seconded by Councilman Bennett, it was Lip #597-76 RESOLVED, that having considered a communication from the City Clerk dated July 2, 1976 which indicates that the Vacri Land Development Company, 26431 Meadowview, Farmington Hills, Michigan 48024, proprietor of the Francavilla Subdivision No. 1 situated in the Southeast 1/4 of Section 9, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval, and the Council ha--- ing received a communication from the City Planning Commission dated June 30, 1976, wherein said Commission approves the final plat for the said subdivision in its resolution #6-108-76, adopted on June 29, 1976, and the Council having considered a report from the City Engineer dated June 25, 1976, approved by the Director of Public Works and approved for submission by the Mayor, iadicating that substantial compliance has been made with the conditions upon which the preliminary plat was approved by the Council in its resolution #425-76, adopted on May 12, 1976, said preliminary plat having been recommended for approval by the City Planning Commission on December 16, 1975 in its resolution #12-285-75, now, there- fore, the Council does hereby determine to grant its approval to the Final Plat of Francavilla Subdivision No. 1 located in the Southeast 1/4 of Section 9, 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 Ordinances of the City of Livonia, and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. The communication from the Director of Finance, dated June 18, 1976, which transmits financial statements of the City of Livonia for the month ending May 31, 1976, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Ventura, and unanimously a opted, it was #598-76 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Rthlic Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIT of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, September 13, 1976 at 8.00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan with respect to the following items 1. Petition No. 75-161-29, as amended, submitted by the Michigan Home for the Armenian Aged, Inc., for a change of zoning of property located on the west side of Middlebelt Road, south of Wentworth in the Southeast, 1/4 of Sect ori 14, from RUF and P.S. to R-9--I, the City P'.anni ng Corgi'ai s s.i.on 15734 having in its resolution #6-85-76 recommended, to the City Council that Petition No. 75-11-1-29, as amended, be approved, 2. Petition No. 76-4-1-13 submitted by Philip and Sharron Truan for a change of zoning of property located on the northwest corner of Green Lane and Five Mile Road, in the Southeast 1/4 of Section 13, from R-1 to P.S. the City Planning Commission having in its resolution ;16-91-76 recommended to the City Council that Petition #76-4-1-13 be approved; 3. Petition No. 76-4-1-17 submitted by the City Planning Commission pursuant to Council resolution #167-76 for a change of zoning of property located on the south side of Six Mile Road between Merriman and Middlebelt Roads, in the Northwest 1/4 of Section 14, from C-1 to P, the City Planning Commission having in its resolution #6-86-76 recommended, to the City Council that Petition No. 76-4-1-17 be approved, 4. Petition No. 76-4-1-18 submitted by the City Planning Commission pursuant to Council resolution #316-76 for a change of zoning of property located on the south side of St. Martins Avenue immediately east of McNamara Towers I and 11, in the Southeast 1/4 of Section 2, from P.L. to R-9-III, the City Planning Commission having in its resolution #6-89-76 recommended to the City Council that Petition No. 76-4-1-18 be approved, and 5. Petition No. 76-5-1-19 submitted by Dembs Roth Manage- ment Company for a change of zoning of property located on the east side of Middlebelt Road, south of Morlock in the Northwest 1/4 of Section 1, from RUF to C-1, the City Planning Commission having in its resolution #6-87-76 recommended to the City Council that Petition No. 76-5-1-19 be approved, further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said, public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well 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 utili- ty or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. 15735 By Councilman Nash, seconded by Councilman Brown, and unanimously Lor adopted, it was #599-76 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetings of the City Council for the month of August 1976 Wednesday, August 11, 1976, and Wednesday, August 25, 1976. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #600-76 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #601-76 RESOLVED, that having considered a communication dated June 23, 1976 from Showerman's Party Store, 31450 Five Mile Road, Livonia, Michigan, which, in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on June 22, 1976 by the City Planning Commission in its resolution #6-106-76 with regard to Petition #76-6-8-12P submitted by Showerman's Party Stores, Inc. requesting approval of all plans required by Section 18.58 of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, as amended, in connection with a proposal to construct an addition to an existing commercial building located on the north side of Five Mile Road, between Merriman and Arden, in Section 15, the Council does hereby desig- nate Wednesday, August 11, 1976 at 7 00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. By Councilman Bishop, seconded by Councilman Brown, it was #602-76 WHEREAS, all owners of record of property subject to Special Assessment District No. 155 having submitted in writing a "Waiver of Notice and Proceedings, " in accordance with Section 2-531 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, 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 a 34-foot wide, 9" reinforced concrete paving 15736 improvement on the Industrial Road, east of Newburgh Road, in the N. W. Iftw i/ of Section 29, in the City of Livonia, Michigan, and a related storm sewer system of varying sizes from 12" to 36" in diameter to be constructed in Special Assessment District No. 155, NOW, THEREFORE, BE IT RESOLVED, THAT. (1) The City Council does hereby determine that the assess- ments set forth in said Special Assessment Roll dated June 16, 1976, in the amount of $135,545.00, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said Special Assessment Roll No. 155 is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight (8%) per cent per annum on the unpaid balance of the assessment from the date of confirmation. Said interest shall be payable on each installment due date, provided, however, that after 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 installments will be less than Ten Dollars ($10.00) the number of install- ments 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, 1976 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 CityTreasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment state- ments 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 days (60) from December 1, 1976 pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1976 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 1573(1 after December 1, 1976 and thereafter one (i) 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 0% of the cost of the said improvement within the said district in the sum of $0.00. 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 Bishop, and unanimously adopted, it was #603-76 RESOLVED, that with respect to Special Assessment District No. 154 for a street improvement consisting of a 31-foot wide deep strength asphalt pavement with concrete curbs and gutters in the Argonne Subdivision in the Northeast 1/4 of Section 1, City of Livonia, Wayne County, Michigan, which S.A.D. No. 154 was confirmed on June 23, 1976 in Council resolution #542-76, the Council does hereby determine to amend and revise Paragraph 7 of said resolution so as to provide that the same shall read as follows: (7) Notwithstanding the foregoing, the Council request that the City Treasurer and the City Engineer defer taking any action with respect to this resolution until such time as the City has been advised as to the availability of Federal Community Development Funds for use in connec- tion with this project; further, the Council does hereby determine that the provisions of Section 2-517 regarding the attachment of a lien shall not take effect until such time as the Council shall by subsequent action and resolu- tion so direct. and except to the extent that Council resolution #542-76 is amended and revised by the action taken herein, the balance of said resolution shall be in full force and effect. By Councilman Ventura, seconded by Councilman Bishop, it was 15738 4604-76 RESOLVED, that having considered the recommendation dated June 30, ii0 1976 from the CityEngineer 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 having also considered a communication from the Engineer of Traffic and Safety, Board of Wayne County Road Commission- ers, dated June 29, 1976 in connection therewith, and having considered the necessity for the installation of a traffic control signal device to be located at the intersection of Five Mile Road and Hix Road, the Council does hereby authorize the installation of same, further, the Council having been advised that the estimated cost of the proposed traffic signal installation is $10,200 does hereby approve of the City assuming 50% of the total cost of such installation and for this purpose does hereby appropriate and auth- orize the expenditure of a sum not to exceed $5,100 from the Motor Vehicle Highway Funds Receipts (Major Road Account), and further, the Council does hereby agree to the City assuming 50% of the energy and main- tenance costs after the traffic control signal device has been installed, it being understood that the County will assume the balance of such energy and maintenance costs, and the Board of Wayne County Road Commissioners is hereby requested to cause such traffic control signal device to be installed at the aforesaid location in an expeditious manner, and the Mayor and the City Clerk are hereby authorized to execute on behalf of the City of Livonia the attached proposed cost agreement for the said traffic control signal device, and the City Clerk and the City Treasurer are herein authorized to do all things necessary or incidental to the fulliperformance of this resolution and the City Clerk is also requested to send a certified copy of this resolution to the Board of Wayne County Road Commissioners to the attention of the Engineer of Traffic and Safety. A roll call vote was taken on the foregoing resolution with the following result. AYES• Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS• None. By Councilman Nash, seconded by Councilman Brown, it was 4605-76 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation, dated July 6, 1976, approved by the Finance Director and approved for submission by the Mayor, with respect to the employment of a professional Greenskeeper at the Municipal Golf Course for the balance of the current fiscal year, the Council does hereby appropriate the sum of $7500 from the Unexpended Fund Balance Account to be transferred to the Salaries and Wages Account of the Golf Course for this purpose. 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 838th Regular Meeting of the Council of the City of Livonia was duly adjourned at 10 00 P. M., July 7, 1976. '---f°. ir).:$5.2 ADDISON W. BACON,CTY I )CLERK.