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HomeMy WebLinkAboutCOUNCIL MINUTES 1976-01-07 15382 MINUTES OF THE EIGHT HUNDRED AND TWENTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THECITY OF LIVONIA On January 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 10 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, Robert Osborn, Director of Public Works, Jack Dodge, Director of Finance, Edward G. Milligan, Director of Public Safety-Police, Robert Turner, Police Chief, John Bunk, Fire Chief, G. E. Siemert, City Engineer, John Nagy, City Planner, John T. Dufour, Superintendent of Parks and Recreation, Darald E. Jennings, Director-Secretary of the Housing Commission; William P. Scruggs, Planning Commission, and Michael Reiser of the Water and Sewer Board. By Councilman Brown, seconded by Councilman Nash, and unanimously adopted, it was 47-76 RESOLVED, that the minutes of the 825th regular meeting of the Council of the City of Livonia, held January 6, 1976, are hereby approved. The communication from the Department of Public Works, dated November 26, 1975, transmitting a final report on the D.P.W Equipment Safety Modification Program Expenditures, was received and filed for the information of the Council. The communication dated December 29, 1975 from the Mayor, which transmits the Annual Report of the City of Livonia for the fiscal year 197+-1975, was received and filed for the information of the Council. The following resolution was unanimously introduced, supported and adopted: 15383 #8-76 WHEREAS, Mary Alice Lincoln is retiring from employment with the City of Livonia on January 9, 1976, and WHEREAS, she has been an employee of the City for twenty-two years during which time she rendered faithful and diligent service in the office of the City Clerk, and WHEREAS, she has also performed honorably in the armed forces as a non-commissioned officer in the United States Navy, and WHEREAS, she is recognized by her colleagues for her intelligence, generosity and humanitarianism, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia does hereby take this means to commend Mary Alice Lincoln for her years of devoted service to this City, to thank her for a job well done and to extend every good wish for her future happiness. By Councilman Raymond, seconded by Councilman Brown, it was #9-76 RESOLVED, that with respect to the proposed Special Assessment District commenced for the street paving improvement for the Argonne Sub- division located in the Northeast 1/4 of Section 1, City of Livonia, the Council does hereby determine to refer the same to the next Regular Meet- ing of the Council to be conducted on January 21, 1976. A roll call vote was taken on the foregoing resolution with the following result• AYES• Nash, Brown, Raymond, Bishop and McCann. NAYS. Ventura and Bennett. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, it was #10-76 RESOLVED, that having considered a communication from the Executive Director of the Livonia Housing Commission dated November 26, 1975, approved for submission by the Mayor and the Director of Finance, the Coun- cil does hereby determine to accept the bid of M. J. Letourneau, 9054 Melvin, Livonia, Michigan 48150, for supplying the City with labor and electrical wiring in connection with the replacing of burners on 79 kitchen ranges in McNamara Towers No. 1 for the price of $4,740.00, the same having been in fact the lowest and only bid received and which meets specifica- tions for this item. 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 15384 #11-76 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated December 1, 1975, approved by the Director of Finance, and approved for submission by the Mayor, in connection with reimbursement to police officers for educational expenses not covered by the Law Enforcement Educational Program (LEEP), the Council does hereby determine to appropriate and authorize the transfer of the sum of $5,550.00 from the Unexpended Fund Balance Account to Account No. 101-304-960-110-000 (Training and Education Account) 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. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #12-76 RESOLVED, that having considered communications from the Director of Finance dated December 9, 1975, and approved for submission by the Mayor, from the Superintendent of Operations dated October 20, 1975, and from Western Waterproofing Company dated October 9, 1975, in connection with the repair of basement leakage at the Noble Branch Library, the Council does hereby reject the proposal of Western Waterproofing Company and does authorize the Superintendent of Operations together with the Finance Director to do all things necessary to prepare specifications and obtain bids for the repair of basement leakage at the Alfred Noble Branch Library in accordance with the provisions set forth in the Finance Ordi- nance, the same to thereafter be submitted to the Council for its considera- tion. By Councilman Bishop, seconded by Councilman Raymond, it was #13-76 RESOLVED, that having considered a communication from the Director of Finance dated December 10, 1975, and approved for submission by the Mayor, with respect to the final costs on S.A.D. No. 101 - Plymouth Park- ing, the Council does hereby determine to appropriate the sum of $48,614.31 from Federal Revenue Sharing Funds to cover the excess of Final Cost over assessment income for said Special Assessment District. 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, and unanimously adopted, it was 15385 #14-76 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 8, 1975, approved by the Director of Public Works, and approved for submission by the Mayor, with regard to the improvement of Brentwood. Avenue north of Seven Mile Road, the Council does hereby rescind all action previously taken in Council Resolution No. 978-75, as adopted on November 25, 1975. By Councilman Nash, seconded by Councilman Bennett, it was #15-76 WHEREAS, pursuant to due and proper notice, published and, mailed to all property owners in Special Assessment District No. 153 for a 32- foot wide deep-strength asphalt pavement with concrete curbs and gutters (Alternate II), or equivalent, Brentwood Avenue Road Improvement in Section 1 in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, November 10, 1975 at 8 00 p. m. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of Brentwood Avenue Road Improvements to be constructed in Special Assessment District No. 153, and the City Council having considered the report and, recommendation of the City Engineer dated December 8, 1975, approved by the Director of Public Works and, approved for submission by the Mayor, with regard to the improvement of Brentwood Avenue north of Seven Mile Road, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1) The City Council does hereby determine that the assess- ments set forth in said Special Assessment Roll dated September 4, 1975, in the amount of $109,862.50 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 with the revision that all costs related to the construction of concrete curbs and gutters be deleted from said Special Assessment Roll and added to the City's portion of the improvement cost, thereby reducing the assessments from $109,862.50 to $86,487.50; (2) Said Assessment Roll Np. 153 is hereby approved and confirmed with the revision that all improvement cost related to the construction of concrete curbs and gutters are deleted from the Special Assessment Roll and added to the City's portion of the improvement cost; (3) The City Assessor is hereby directed to revise said Special Assessment Roll No. 153, so as to delete all costs related to the construction of concrete curbs and gutters, said costs being in the amount of $23,375.00, from the Assessment Roll and add same to the City's portion of the road improvement cost, 15386 (4). The amount of said revised roll shall be divided into ten (10) equal annual installments with interest at the rate of eight (8%) percent per annum on the unpaid balance of the assessment from the date of confirmation. Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds to be issued in anticipation of the collection of the unpaid assessments on the said revised 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 bands. In such cases where the install- ments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1976 and subsequent installments on December 1st of succeeding years, (5) 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 revised assessment roll, and the said revised assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty days (60) from December 1, 1976 pay the whole or any part of the assessment without interest or penalty, (6) 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 after December 1, 1976 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid instalJments, 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, (7) The City Council having determined to pay a portion of the logo cost of the said improvement within the said district in the sum of $86,487.50, and the same is hereby authorized to be expended from the Motor Vehicle Highway Fund (Major Road Account) to cover the City's cost of said installation, 15387 (8) And the Clarenceville School District is hereby requested to agree to assume the Special Assessment for Bureau of Taxation Parcel 01Z43al. 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 #16-76 RESOLVED, that having considered a communication from the Treasur- er of the Livonia Historical Commission dated. December 5, 1975 with respect to donations of $100.00 or more made to the Commission during 1975 which have heretofore been deposited in Trust Account No. 723-000-757.0(A. 000, the Council does hereby determine to accept donations in the aggregate amount of $2,174.28, as itemized in the aforesaid communication, as well as smaller donations totaling $270.00, which were made during 1975. 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 #17-76 RESOLVED, that having considered a communication from the Personnel Director dated November 25, 1975, approved by the Finance Director, and approved for submission by the Mayor, with respect to an increase in mileage reimbursement for City employees who drive personal cars on City business more than 500 miles per month, the Council does hereby determine to refer this matter to the Committee of the Whole fo: its consideration. 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. The communication from the Mayor, dated December 8, 1975, with respect to alleged crime and vandalism in the vicinity of 36771 Sunnydale, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Ventura, it was 15388 #18-76 RESOLVED, that having considered a communication from the City Planning Commission dated December 8, 1975, which transmits its Resolution No. 11-277-75, adopted by the Commission on November 18, 1975, with regard to Petition No. 75-9-8-20 submitted by Fred J. Armour, requesting site plan approval for construction of an addition to an existing buiding and the construction of a separate retail sales building located on the north side of Seven Mile Road, east of Shadyside in Section 3, the Council does hereby determine, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, to concur in the recommendation of the Planning Commission and Petition No. 75-9-8-20 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission, as well as the following additional conditions a) that each of the two (2) planters immediately to the south of and in front of the new retail stores shall be enlarged to a width of 16 feet, and b) that all landscaped areas shall be provided with a permanent underground sprinkling system 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 #19-76 RESOLVED, that having considered a communication from the City Planning Commission dated November 14, 1975, which sets forth its Resolution No. 10-249-75, with regard to a request dated October 21, 1975 from E. P. Nagel (Junior Achievement of Southeastern Michigan, Inc. ), requesting an extension of the approval of Petition No. 73-8-2-21, relative to a waiver use approval previously granted in Council Resolution No. 903-73, to construct a community building for Junior Achievement activities on property located at the northwest corner of Farmington Road and Lyndon Avenue in the Northeast 1/4 of Section 21, and the Council having granted a prior extension relative to same in Council Resolution No. 145-75, the Council does hereby determine to concur in the recommenda- tion of the Planning Commission and to grant an additional extension for a one-year period. 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, it was 15389 #20-76 RESOLVED, that having considered a communication dated December 1, 1975 from the City Planning Commission, which transmits its Resolution No. 11-260-75, adopted on November 18, 1975, with regard to Petition No. 75-2-2-3 (Re-Hearing), submitted by Don Vargo, requesting waiver use approval to operate a restaurant on property zoned C-2, located on the south side of Six Mile Road between Middlebelt and Merriman Roads in the Northeast 1/4 of Section 14, the Council does hereby determine to table this matter until such time as the Council gives consideration to the zoning changes to be considered in Petition No. 75-7-1-27 and. Petition No. 75-7-6-10. A roll call vote was taken on the foregoing resolution with the following result: AYES. Brown, Raymond, Ventura, Bishop and Bennett. NAYS: Nash and McCann. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Nash, it was #21-76 RESOLVED, that having considered a communication from the City Planning Commission dated December 4, 1975, which transmits its Resolution No. 11-268-75, adopted on November 18, 1975, in connection with Petition No. 75-9-7-5, wherein the Commission did amend. Fart I of the Master Plan of the City of Livonia, the Master Thoroughfare Plan, so as to incorporate into the existing legend a separate symbol to indicate roads of 180' in right-of-way width, the Council does hereby determine to acknowledge and certify the receipt 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 Raymond, seconded by Councilman Ventura, it was #22-76 RESOLVED, that having considered a communication from the City Planning Commission dated December 4, 1975, which transmits its Resolution No. 11-269-75, adopted on November 18, 1975, in connection with Petition No. 75-10-7-6, wherein the Commission did amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to delete property located on the west side of Newburgh Road between Joy Road and Ann Arbor Trail in the Southeast 1/4 of Section 31, the Council does hereby determine to acknowledge and certify the receipt 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. 15390 By Councilman Ventura, seconded by Councilman Bishop, it was #23-76 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated July 16, 1975 and the report and recommendation from the Chief of Police dated December 10, 1975 in connection therewith, the Council does hereby determine that it has no objection to approval of the request from Jacob J Velfling for a new SDM License to be located at 19191 Merriman Road, Livonia, Michigan, and the City Clerk is hereby re- quested 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 Nash, seconded by Councilman Raymond, it was #2I+-76 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board dated December 9, 1975 which bears the signature of the Finance Director, and is approved for submission by the Mayor, and the attached invoice of the Michigan Department of State High- ways and Transportation, and the letter from the Public Utility Manager dated October 28, 1975, the Council does hereby authorize Final Payment in the amount of $7,405.37 to the Michigan Department of State Highways and Transportation, which sum includes the full and complete balance due to cover the City's share of the cost of the I-96 Water Transmission Main relocation on Schoolcra.ft Road, which work was authorized in Council Reso- lution No. 739-70, adopted on August 3, 1970; further, the Council does hereby appropriate and authorize the expenditure of the additional sum of $7,1+05.37 from the Water Department Fund for this purpose; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES- ia6i , DlUWL , !CJllUi1L, VCllLlfd, Bishop, D_'aiVtt and McCann.iu. NAYS None. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #25-76 RESOLVED, that having considered a communication from the Depart- ment of Law dated November 26, 1975, approved by the Director of Finance, and approved for submission by the Mayor, and the proposed resolution attached thereto, in connection with the City's Group Optical Program, the Council does hereby determine to refer this matter to the Finance and Insurance Committee for its report and recommendation. 15391 By Councilman Bishop, seconded by Councilman Nash, it was 426-76 RESOLVED, that having considered a communication from the Depart- ment of Parks and Recreation dated December 5, 1975, approved by the Finance Director, and approved for submission by the Mayor, in connection with the recommended change in rates at recreation facilities, the Council does hereby determine to concur in and adopt the following rates for the Whispering Willows and Idyl Wyld Golf Courses, the Ford and Devon-Aire Ice Rinks, and the Ice Show Golf Course Green Fees, effective April, 1976 Rates Resident 9 Holes 18 Holes Mondays thru Fridays $3.25 $5.00 Sat., Sun., holidays 4.00 6.00 Non-Residents Mondays thru Fridays 3.50 5.50 Sat., Sun., holidays 4.50 6.50 Twilight Rates Residents 2.25 Non-Residents 2.50 Special Rates Senior Citizens 1.25 2.50 Juniors 1.25 2.50 far Reservation Rates All Golfers for (Sat., Sun., holidays) .50 per golfer Ford and Devon-Aire Ice Rental Charges, effective August, 1976 Resident Hockey Teams $35.00 per hour Non-Resident Hockey Teams 45.00 per hour Ice Show Ticket Prices, effective April, 1976 Children (under 18) $ .50 Adult 1.50 A roll call vote was taken on the foregoing resolution with the following result• AYES Nash, *Raymond, McCann, Bishop, Bennett and Ventura. NAYS Brown. *At this point of the roll call vote, Councilman Raymond, supported by Councilman Brown, offered the following motion• 15392 RESOLVED, that having considered a communication from the Depart- ment of Parks and Recreation dated December 5, 1975, approved by the Finance Director, and approved for sub mission by the Mayor, in connection with the recommended change in rates at recreation facilities, the Council does hereby determine to table the same to the next Regular Meet- ing to be conducted on January 21, 1976. **The President relinquished the Chair to the Vice-President at 9.00 P. M. to speak on the foregoing motion. A roll call vote was taken on the motion to table with the following result AYES Brown and Raymond. NAYS: Nash, McCann, Bishop, Bennett and Ventura. The Vice President declared the motion denied, and the roll call vote was resumed on the original resolution, which was declared adopted. **The President resumed the Chair at 9 10 p. m. By Councilman Ventura, seconded by Councilman Bishop, it was RESOLVED, that the Department of Law is hereby requested to prepare an ordinance, amending the Livonia Code of Ordinances, as amended, to provide for the licensing of any person who shall operate a pump or device used to measure gasoline, oil or other flammable liquids for sale at retail. By Councilman Nash, seconded by Councilman Raymond, it was 427-76 RESOLVED, that the Council does hereby determine to refer the subject of licensing of persons who operate a pump or device used to measure gasoline, oil or other flammable liquids for sale at retail to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES Nash, Brown, Raymond and Bishop. NAYS• Ventura, Bennett and McCann. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was 428-76 RESOLVED, that the Council does hereby determine on its own motion pursuant to Section 23.01(a) of Ordinance No. 543, as amended, to request 15393 that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation on the question of whether or not to amend and revise Section 18.58 of said ordinance relative to site plan approval so as to have said requirement provide that all site plans in P.S., C-1 or C-2 districts shall be subject to review by the City Planning Commission and approval by the City Council. By Councilman Nash, seconded by Councilman Raymond, it was #29-76 WHEREAS, by resolution adopted March 11, 1967, No. 284-67, as amended, the City Council did authorize issuance and sale of City of Livonia, Michigan, Industrial Development Revenue Bonds (Allied Super- markets, Inc. ) Series A, in the amount of Thirty-Three Million $33,000,000.00) Dollars, and WHEREAS, by resolution adopted by the City Council on June 28, 1967, No. 696-67, the City Council did approve and authorize the execution of a certain mortgage and indenture of trust to secure said bonds, and WHEREAS, said bonds have been issued, sold and delivered to the purchaser thereof, and WHEREAS, Section 209 of said mortgage and indenture of trust provides as follows. " Section 209. Mutilated, Lost, Stolen or Destroyed Bonds or Coupons. In the event any Bond is mutilated, lost, stolen or destroyed, the City may execute and the Trustee may authenticate a new bond of like date, number, maturity and denomination as that mutilated, lost, stolen or destroyed, which new bond shall have attached thereto coupons corresponding in all respects to those (if any) on the Bond mutilated, lost, stolen or destroyed, pro- vided that, in the case of any mutilated Bond, such mutilated Bond together with all coupons (if any) appertaining thereto shall first be surrendered to the City, and in the case of any lost stolen or destroyed Bond, there shall be first furnished to the City and the Trustee evidence of such loss, theft, or destruction satisfactory to the City and the Trustee, together with indemnity satisfactory to them. In the event any such Bond or Coupon shall have matured, instead of issuing a duplicate Bond or coupon the City may pay the same without surrender thereof. The City and the Trustee may charge the holder or owner of such Bond with their reasonable fees and expenses in this connection. The foregoing provisions shall be exclusive, notwithstanding any law or statute existing or hereinafter enacted to the contrary. " , and WHEREAS, the City Clerk has been advised that Bradford Shareholder Services, Inc., New York, N. Y. reports that the interest coupons on the above issue due April 1, 1974 for Bond No. 3320, each of said coupons being in the amount of One Hundred Fifty ($150.00) Dollars, that they believe, after thorough search, said coupons to have been lost or destroyed in error, and which coupons have never arrived at the Bradford Trust Company, the Paying Agent, for payment, and 15394 WHEREAS, the City is authorized to make payment for said lost interest coupons under Section 209 of the mortgage and indenture of trust, and WHEREAS, subject to the provisions of this resolution the City Council deems it advisable and necessary to make provisions for the pay- ment of said coupons as authorized by the aforesaid mortgage and indenture of trust, NOW, THEREFORE, BE IT RESOLVED THAT. 1. The City Clerk is hereby authorized and directed for and on behalf of the City of Livonia to make the necessary arrangements with Bradford Trust Company, New York, New York, for the payment of and to pay said interest coupons without the surrender thereof and without issuing duplicate interest coupons to the Chemical Bank, New York, N.Y., said payment to be made only, however, from funds in the Bond. Fund established pursuant to the aforesaid mortgage and indenture of trust and subject to Paragraph 2 of this resolution. 2. The said interest coupons shall not be paid as required by Paragraph 1 of this resolution unless and until (a) the Bradford. Share- holder Services, Inc. , New York, N. Y. provides evidence of loss of said coupons satisfactory to the City Clerk, the City Attorney, Miller, Canficle, Paddock and. Stone, counsel for Allied Supermarkets, Inc., and the Trustee, Bradford Trust Company provides a lost security bond or other indemnity satisfactory in form, amount and substance to the City Clerk, the City Attorney, Miller, Canfield, Paddock and Stone, counsel for Allied Super- markets, Inc. , and the trustee, Bradford. Trust Company, to fully protect the City, the Trustee and Allied. Supermarkets, Inc. , against any loss that may be occasioned to any or all of them from the payment of said interest coupons. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result AYES. Nash, Brown, Raymond, Ventura, Bishop, Bennett and. McCann. NAYS None. By Councilman Brown, seconded by Councilman Bishop, it was #30-76 WHEREAS, property described as. The N. E. 1/4 of Section 6, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, except the W. 737 ft. thereof, also except the N. 60 feet thereof, also except the E. 60 ft. thereof. (Wayne County Bureau of Taxation Parcels C6Ala and C6B1) is included in the Master Plan for Parks for the City of Livonia, and 15395 WHEREAS, it is determined upon consideration of a competent, individual real estate appraisal that the fair market value of this real property is $575,000.00, NOW, THEREFORE, BE IT RESOLVED 1. That the City Council of the City of Livonia hereby author- izes the Department of Law to acquire the aforesaid property for a total consideration in the amount of $575,000.00, which acquisition shall be made on the basis of a purchase money mortgage, with a down payment of $60,000.00 at the time of closing, and interest at the rate of 6%, with quarterly pay- ments of interest and principal to be based upon an amortiza- tion period of 15 years, with full payment to be made not later than 10 years from date of mortgage. 2. The City Council does hereby authorize the expenditure of a sum not to exceed $16,959.00 for the payment of the 1975 City, county, county drain and school taxes, as prorated at the time of closing. 3. The City Council does hereby appropriate and authorize the expenditure of the aforesaid sums from the Federal Revenue Sharing Funds for this purpose. 4. The Mayor and City Clerk are hereby authorized to execute in behalf of the City of Livonia the said purchase money mortgage agreement, and 5. The Mayor, City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES. Nash, Brown, Raymond, Ventura, Bishop and McCann. NAYS- Bennett. The President declared the resolution adopted. The members of the Council acknowledged the presence of a delegation of students from the Randolph School who were in attendance to support the purchase of the "Hill Property. " By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was 15396 #31-76 RESOLVED, that having considered Petition No. 75-12-3-8, submitted by Helen Zayti Willard, Susan Zayti, Benny Zayti, and Marian Zayti under date of November 26, 1975, received in the City Clerk's office on December 15, 1975, wherein a request is made for the vacating of a certain alley located south and adjacent to Lots 40 through 51 inclusive, part of Seven Mile Superhighway Subdivision, Northeast 1/4 of Section 9, T. 1 S. , R. 9 E., 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 Bishop, seconded by Councilman Bennett, it was #32-76 RESOLVED, that having considered a communication dated August 1, 1975 from the City Planning Commission, which transmits its Resolution No. 7-145-75, with regard to Petition No. 75-5-3-5, submitted by Joseph Sergi, requesting the vacating of property located north of Joy Road, east of Fremont Avenue in the Southeast 1/4 of Section 35, the Council does hereby determine to concur with the City Planning Commission and deny Petition No. 75-5-3-5 for the same reasons as those set forth in the aforesaid action of the City 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. By Councilman Ventura, seconded by Councilman Nash, it was unanimously adopted #33-76 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the PUblic Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, February 16, 1976 at 8.00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: Petition No. 75-7-1-20 submitted by the City Planning Commission on its own motion for a change of zoning of property located north of Six Mile Road, east of Haggerty Road in the Southwest 1/4 of Section 7 from R-5-C to P. L., the City Planning Commission having in its Resolution No. 11-259-75 recommended to the City Council that Petition No. 75-7-1-20 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 15397 (a) nature of the proposed amendment to the Zoning Ordinance, and (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. Councilman Nash gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 7 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 THERETO. RE• PETI- TION NO. 75-6-1-18 FOR CHANGE OF ZONING FROM F.L. TO C-2 AND C-2 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. By Councilman Brown, seconded by Councilman Bishop, it was #34-76 RESOLVED, that having considered a communication dated September 23, 1975 from the City Planning Commission, which transmits its Resolu- tion No. 8-193-75, with regard to Petition No. 75-7-2-19 submitted by Shell Oil Company, requesting waiver use approval to construct and operate a self-service gasoline facility on property zoned C-2 located on the north side of Six Mile Road between Newburgh and Fitzgerald in the Southwest 1/4 of Section 8, and the Council having conducted a public hearing with regard to this matter on December 15, 1975, pursuant to Council Resolution No. 844-75, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition No. 75-7-2-19 is hereby denied for the same reasons as those set forth in the aforesaid action of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result AYES• Naph, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. 15398 By request of the petitioner, the item on the agenda with respect to Petition No. 72-7-1-37 of Edward Elsner and J.J. Antonishek for Ann Arbor Trail between Levan and Wayne Roads in Section 32, from RUF to R-7, was removed, and will be considered at the next Regular Meeting of the Council to be conducted on January 21, 1976. By Councilman Brown, seconded by Councilman Bennett, it was #35-76 RESOLVED, that having considered a communication dated October 9, 1975 from the City Planning Commission, which sets forth its Resolution No. 9-200-?5, with regard to Petition No. 75-8-1-25, submitted by Sam Hryckowian for a change of zoning on property located on the north side of Six Mile Road, west of Middlebelt Road in the Southeast 1/4 of Section 11, from R-1 to C-2, and the Council having conducted a public hearing with regard to this matter on December 15, 1975, pursuant to Council Resolution No. 878-75, the Council does hereby concur in the recommendation of the City Planning Commission and the said Petition No. 75-8-1-25 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 Bennett, seconded by Councilman Bishop, it was #36-76 RESOLVED, that having considered a communication dated October 9, 1975 from the City Planning Commission which sets forth its Resolution No. 9-199-75 with regard to Petition No 75-8-1-24, submitted by David S. Gazale for a change of zoning on property located on the south side of Eight Mile Road between Osmus and Parker Avenues in the Northeast 1/4 of Section 3, from M-L to C-3, and the Council having conducted a public hearing with regard to this matter on December 15, 1975, pursuant to Council Resolution No. 878-75, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 75-8-1-24 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission. A roil call vote was taken on the foregoing resolution with the following result AYES• Brown, Raymond, Bishop and Bennett. NAYS Nash, Ventura and McCann. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Bennett, it was 15399 #37-76 RESOLVED, that having considered a communication dated October 9, 1975 from the City Planning Commission which sets forth its Resolution No. 9-196-75, with regard to Petition No. 71-6-1-47, submitted by Steve and Anna Oliwek, for a change of zoning on property located on the west side of Newburgh Road, south of Six Mile Road in the Northeast 1/4 of Section 18, from R-3-B to P.S., and the Council having conducted apublic hearing with regard to this matter on December 15, 1975, pursuant to Council Resolution No. 878-75, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 71-6-1-47 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. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #38-76 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated December 11, 1975, and submitted k pursuant to Council Resolution No. 678-75, in connection with a communica- tion from Gordon Meyers, 9924 Farmington Road, Livonia, Michigan and it Wayne Krug, 9928 Farmington Road, Livonia, Michigan, with regard to photostatic copies of gun permits, the Council does hereby determine that this matter be referred to the Police Division for its report and recom- mendation on the entire subject of Gun Permit Fees and photostic copy charges in connection therewith. Councilman Bennett gave first reading to the following Ordinance, as revised by the Legislative Committee AN ORDINANCE AMENDING CHAPTER 6 (HOUSING) OF TITLE 7 OF THE LIVONIA CODE OF ORDI- NANCES, 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 regular meeting of the Council. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was 15400 #39-76 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated December 11, 1975, submitted pursuant to Council Resolution No. 872-75, in connection with a proposed amendment to Chapter 10 (Fence Ordinance) of Title 5 of the Livonia Code of Ordi- nances, as amended, submitted by the Department of Law, the Council does hereby determine to request that the City Planning Commission conduct a Public Hearing on a proposed amendment to Sections 18.29 and 18.49 of the Zoning Ordinance for the purpose of deleting all fencing requirements prescribed therein and in lieu thereof incorporate by reference the pro- visions set forth in Section 5-1009 of the Livonia Code of Ordinances as amended (Fence Ordinance), such action to be taken by the City Planning Commission in substitution for the purpose set forth in Council Resolution No. 758-75, further, the Department of Law is hereby requested to prepare an amendment to Section 5-1009 of the Livonia Code of Ordinances as amended (Fence Ordinance) which incorporates the concepts set forth in a communication dated December 11, 1975 from the City Planning Commission which amendment would incorporate Alternate I with respect to technical matters, no revision in the presently prescribed six-foot high limitation, and no action with reference to alternatives concerning aesthetic consid- erations. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #40-76 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated December 11, 1975, submitted pursuant to Council Resolution No. 684-75, in connection with the proposed amend- ment to Section 18.45 of Ordinance No. 543, as amended, with respect to new controls for the regulation of protective walls, the Council does hereby determine to refer this matter to the City Planning Commission for further review and study. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #41-76 RESOLVED, that the Council does hereby suspend their rules for procedure as outlinedin Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #42-76 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 February, 1976: Wednesday, February 4, 1976 and Wednesday, February 18, 1976. 15401 By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was 443-76 RESOLVED, that before determining to improve St. Martins, Vassar, and. Bridge between Inkster and Deering in the Botsford. Park Subdivision in Section 1, in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improve- ment, 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 installmentsi in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended. By Councilman Nash, seconded by Councilman Bishop, it was 444-76 RESOLVED, that having considered the report and recommendation of the City Engineer dated December 30, 1975, approved by the Director of Public Works, and approved for submission by the acting Mayor Protempore, the Council does hereby accept the Unit Price offer of DiPonio -Greenfield-Kensington, a joint venture, for making payment to the City of the sum of $0.10 per cubic yard for approximately 100,000 cubic yards of fill material for construction of a Sledding Hill at the City's Bicentennial Park, which fill material is to be deposited in strict accord- ance with and pursuant to the guidelines attached to the Engineering Division's letter dated December 15, 1975. 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 Nash, seconded by Councilman Brown, and unanimously adopted, this 826th Regular Meeting of the Council of the City of Livonia was duly adjourned at 10 15 P. M., January 7, 1976. ADDISON W. BACON, City Clerk.