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HomeMy WebLinkAboutCOUNCIL MINUTES 1973-09-26 13983 is, MINUTES OF THE SEVEN HUNDRED SIXTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 26, 1973, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:05 P. M.. Councilman Brown delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Edward H. McNamara, Mayor, Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Robert E. Osborn, Director of Public Works; John Nagy, City Planner; G. E. Siemert, City Engineer; John Bunk, Fire Chief; Michael Vorgitch, Police Department, William Joyner, Administrative Assistant to the Mayor; Richard Jones, Superintendent of Operations Division; Jack Dodge, Budget Director; Ronald Mardiros, City Assessor; Michael Reiser, Water and Sewer Board; and Glen Middlin of the Traffic Commission. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #772-73 RESOLVED, that the minutes of the 768th regular meeting of the Council of the City of Livonia, held on September 12, 1973, are hereby approved. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #773-73 RESOLVED, that the Council having previously acknowledged receipt of the proposed annual Budget of the City of Livonia for the fiscal year commencing December 1, 1973, as prepared by the Mayor and filed by the Mayor with the City Clerk on September 14, 1973, does hereby determine to set a public hearing thereon on Wednesday, October 24, 1973 at 7:00 P. M. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, in accordance L with the provisions of Chapter VII of the City Charter, and the City Clerk shall give notice of such public hearing in accordance and pursuant to provisions of the City Charter. 13984 LThe communication dated September 20, 1973 from the City Clerk, which transmits Financial Reports for the period ending August 31, 1973, for the General, Refuse, Golf Course, Concession, Ice Rink, Swimming Pool, Water and Sewer, Major and Local Street, Parks and Recreation Construction, and Federal Revenue Sharing Funds, was received and filed for the information of the Council. The communication from the Department of Law, dated September 10, 1973, with respect to Michigan Court of Appeals Docket #14480 (GBW vs City of Livonia) was received and filed for the information of the Council. The communication dated September 17, 1973 from the Department of Law with respect to Wayne Circuit Court Civil Action No. 162620 (Kruse Company vs City of Livonia) was received and filed for the information of the Council. The communication from the Mayor, dated September 10, 1973, transmitting L a survey by the City Planner of the proposed State Land Use Act and its effect on the City of Livonia, was received and filed for the information of the Council. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6-171(o), 6-171(p), 6-171(q), 6-171(r), 6-171(s), 6-171(t), 6-171(u), AND 6-171(v) OF TITLE 6, CHAPTER I (TRAFFIC ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 7 (RETIREMENT PLAN ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SUBSECTIONS (2) AND (7) OF SECTION 2-705; SECTIONS 2-720; 2-721; 2-730; 2-731, 2-734; AND 2-738. 13985 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 20 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE N0. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. LThe President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET ALLEY AND PUBLIC GROUND. Petition 73-5-3-4 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET ALLEY AND PUBLIC GROUND. Petition 73-5-3-5 A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 13986 The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 31 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 73-2-1-7 FOR CHANGE OF ZONING FROM RUF TO R-4. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 73-3-1-8 FOR CHANGE OF ZONING FROM RUF TO P.O. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 26 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 CF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 73-2-1-6 FOR CHANGE OF ZONING FROM C.-1 AND M-1 TO C-3. 13987 A roll call vote was taken on the foregoing Ordinance with the following result• impp AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. At the direction of the Chair, the item on the agenda with respect o Petition 73-7-8-32 of Clarence P. Jahn for site plan approval for south side of Five Mile Road in Section 21, was removed and will be considered at the Regular meeting to be conducted on October 24, 1973. By Councilman Milligan, seconded by Councilman Brown, it was #774-73 WHEREAS, by a communication dated June 1, 1973, the Michigan Liquor Control Commission did request the Livonia City Council to act upon an application submitted in behalf of Vargo's, Inc. for a new SDM License to be held in conjunction with 1973 Dance, Sunday Sales and two Bars, located Li. at 30325 West Six Mile Road, Livonia, Michigan; and WHEREAS, by a communication dated June 27, 1973, the Livonia Chief of Police concluded that another SDM License is not needed in this area and did, therefore, deny approval on this request; and WHEREAS, the Council of the City of Livonia did in its resolu- tion No. 558-73 adopted on July 11, 1973, determine to deny approval on this request submitted from Vargo's, Inc. for a new SDM License, and WHEREAS, it is now the understanding of the Livonia City Council that the request from Vargo's, Inc. for a new SDM License has in fact been approved and such license issued by the Michigan Liquor Control Commission; NOW, THEREFORE, BE IT RESOLVED, that the Council does hereby request that State Senator Carl D. Pursell and State Representatives R. Robert Geake and John F. Markes investigate this matter and thereafter submit a report to Council which sets forth the basis, details and ramifications involved wherein the Michigan Liquor Control Commission did approve the request of Vargo's, Inc. for SDM License; and the City Clerk is hereby requested to forward a certified copy of this resolution to the aforesaid State Officials as well as to the Michigan Liquor Control Commission. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 13988 Iftp By Councilman McCann, seconded by Councilman Brown, it was #775-73 RESOLVED, that having considered the report and recommendation of the Chief of Police and the Director of Public Safety-Police dated August 10, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Hun-Ray Tower Company, 512 W. Dixie Highway, Monroe, Michigan, for supplying the City with Antenna Tower and Antennas for the price of $6,995.00, the same having been in fact the lowest bid received for this item and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #776-73 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director dated August 30, 1973 and approved for submission by the Mayor, the Council does hereby accept the bid of Broquet Ford Tractor & Equipment Company, 34600 W. Eight Mile Road, Farmington, Michigan 48024, for supplying the City with one (1) Current Model Industrial Tractor Mower (Diesel) Model 34012B, for the price of $4,498.01, the same having been in fact the lowest bid received for this item and meets all specifications, and further, the Council does hereby appropriate and authorize the expenditure of the foregoing sum from Federal Revenue Sharing Funds for this purpose. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #777-73 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director dated August 30, 1973, and approved for submission by the Mayor, the Council does hereby accept the bid of Wm. F. Sell & Son, Inc. 16555 S. Telegraph Road, Taylor, Michigan 48180, for supplying the City with one (1) 8,000 Lb. Fork Lift powered by 4500 Series Ford Tractor, Model L1602-8TC for the price of $12,426.60, the same having been in fact the lowest bid received for this item and meets all specifications; and further, the Council does hereby appropriate and authorize the expenditure of the foregoing sum from Federal Revenue Sharing Funds for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 13989 By Councilman Raymond, seconded by Councilman Brown, it was RESOLVED, that having considered a communication from the City Engineer dated August 22, 1973, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council resolution No. 554-73, the Council does hereby determine to accept the bid of J. D. Armstrong Landscape Co., P. 0. Box 95, Fraser, Michigan, in the amount of $6,453.00 for the seeding of portions of the City Refuse Disposal Site which have been filled and covered, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work as performed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work; and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as completed; further, the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. By Councilman Raymond, seconded by Councilman Ventura, it was #778-73 RESOLVED, that having considered a communication from the City Engineer dated August 22, 1973, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council resolution No. 554-73, and which communication transmits bids received on August 14, 1973 for minimal seeding of those portions of the City's Refuse Disposal Site which have been filled and covered, the Council does hereby determine to refer this matter to the Mayor for his report and recommendation. A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication dated May 31, 1973 from the City Planning Commission which sets forth its resolution No. 5-103-73 with regard to Petition No. 73-3-1-9 submitted by Zbikowski, Hornbeck and Zbikowski Associates for a change of zoning on property located on the north side of Schoolcraft, west of Merriman Road in the Southeast 1/4 of Section 22, from RUF to P.S., and the Council having con- ducted a public hearing with regard to this matter on August 13, 1973, pursuant to Council resolution No. 513-73, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 73-3-1-9 is hereby denied. 13990 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Brown and Ventura. NAYS: Raymond, Milligan, McCann, Bennett and Nash. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Bennett, it was #779-73 RESOLVED, that having considered a communication dated May 31, 1973 from the City Planning Commission which sets forth its resolution No. 5-103-73 with regard to Petition No. 73-3-1-9 submitted by Zbikowski, Hornbeck and Zbikowski Associates for a change of zoning on property located on the north side of Schoolcraft, west of Merriman Road in the Southeast 1/4 of Section 22, from RUF to P.S., and the Council having conducted a public hearing with regard to this matter on August 13, 1973, pursuant to Council resolution No. 513-73, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 73-3-1-9 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 Lamended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown and Ventura. The President declared the resolution adopted. At the direction of the Chair, the item on the agenda with respect to Petition No. 73-5-2-10 of Kenneth J. Morris for Restaurant on north side of Plymouth Road between Merriman and Melrose, was removed and will be considered at the first Regular meeting to be conducted in November 1973. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #780-73 RESOLVED, that having considered a communication from the Traffic Commission, received by the City Clerk on September 11, 1973, and approved L for submission by the Mayor, wherein a request is made for an increase in the car allowance authorized for members of the Traffic Commission, the Council does hereby determine to refer this matter to the Budget Director for incorporation and consideration at hearings conducted in connection with the 1973-74 Budget. 13991 By Councilman Ventura, seconded by Councilman Bennett, it was #781-73 RESOLVED that, Simon Ash, 17155 Sherfield, Southfield, Michigan 48075, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Simon Ash Industrial Subdivision, located in the N. W. 1/4 of Section 27, City of Livonia, the said proposed preliminary plat being dated June 25, 1973; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on July 17, 1973; and it further appearing that such preliminary plat, together with development plans and specifications for improvements have been examined and approved by the Department of Public Works as is set forth in the report of that department dated August 21, 1973; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions: (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 9, Chapter 1 of the Livonia Code of Ordinances, as amended; the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such depart- ment; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended; (3) That the installation of all such improvements shall be sub- ject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be consid- ered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 9-122 of the said Subdivision Control Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the following cash payment be made to the City: Survey Monuments & Lot Corners (Cash Escrow) $290.00 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Plan- t. ning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; 13992 (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council with- in two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordi- nance and this resolution; (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as shall be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts: General Improvement Bond - Not Required Sidewalk Bond - Not Required (9) That the requirement for underground wiring shall be applicable only to telephone, electric or similar utility service lateral conduits, cables or wires directly connecting new buildings to the over- head or underground supply system of the particular utility, and the proprietor shall be permitted to have primary distribution facilities installed overhead, further, ornamental street lights are to be provided throughout the subdivision, in accordance with City Ordinances; (10) That the preliminary plat herein approved is based upon the deletion and removal from the plat of Lot No. 3, and the appropriate renumbering of the balance of the lots contained in this plat. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #782-73 RESOLVED, that having considered a communication from the Madison Civic Association, dated August 15, 1973, wherein a request is submitted with regard to the City purchasing Lot No. 226, Supervisors Livonia Plat No. 3, in Section 13, from the Housing Urban Development Commission, said lot to be used as a "Tot Lot", the Council does hereby refer the same to the Parks and Recreation Conm1ssion for its report and recommendation. 13993 By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #783-73 RESOLVED, that having considered a citizens' petition, received by the City Clerk on September 6, 1973, wherein a request is submitted for the improvement of an alley located north of Seven Mile Road, east of Farmington Road, the Council does hereby refer the same to the Director of Public Works for his report and recommendation. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #784-73 RESOLVED, that having considered a communication dated September 12, 1973 from the City Planning Commission, which transmits its resolution No. 9-226-73 adopted by the Commission on September 11, 1973 with regard to Petition No. 73-8-2-19, submitted by Alexander and Rose Spiro request- ing permission to construct an addition to an existing convalescent nursing center as a waiver use on property zoned P.S. located on the north side of Morlock, east of Middlebelt in the Northwest 1/4 of Section 1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 73-8-2-19 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the afore- said recommendation of the Planning Commission. By Councilman Ventura, seconded by Councilman McCann, it was #785-73 RESOLVED, that having considered a communication dated September 11, 1973 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mrs. Camilla L. Bartlette, 18905 Maplewood, Livonia, Michigan 48152, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division of Tax Item 12B30a1a would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing of same into two parcels, the legal descriptions of which shall read as follows: Parcel "A" A parcel of land bwii part of the NW 1/4 of Section 12, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as: The West 80 ft. of the NE 1/4 of SE 1/4 of NW 1/4 of NW 1/4 of Section 12, T. 1 S., R. 9 E., except the North 175 ft. and also except the South 30 ft., (N. 1/2 Clarita Ave. 60 ft. wd.), thereof. Containing 0.23 acres of land more or less. 13994 Parcel "B" A parcel of land being part of the NW 1/4 of Section 12, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as: The NE 1/4 of SE 1/4 of NW 1/4 of NW 1/4 of Section 12, T. 1 S., R. 9 E., except the West 80 ft., also except the North 175 ft., also except the south 30 ft. (North 1/2 Clarita Ave., 60 ft. wd.), and also except the East 30 ft. (W. 1/2 of Maple- wood Ave., 60 ft. wd.), thereof. Containing 0.64 acres of land more or less. as shown on the map attached to the aforesaid communication which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, and unanimously 1.0 adopted, it was #786-73 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated September 6, 1973 and submitted pursuant to Council resolution No. 584-73, with regard to a proposed amendment to the Zoning Ordinance to provide for additional uses in P.S. Districts, the Council does hereby determine to refer this matter back to the Legislative Committee for further consideration and thereafter a report and recommendation. (Petition 73-3-6-8) By Councilman Milligan, seconded by Councilman Bennett, it was #787-73 RESOLVED, that having considered a communication dated May 1, 1973 from the City Planning Commission which sets forth its resolution No. 4-86-73 with regard to Petition No. 73-3-6-7 submitted by the City Plan- ning Commission on its own motion to determine whether or not to amend Section 18.38, Off-Street Parking; Schedule of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, by amending paragraph (18), and by adding paragraph (27) so as to provide for revisions in the parking regulations relating to professional office buildings, and the Council having conducted a public hearing with regard to this matter on July 9, 1973, pursuant to Council resolution No. 410-73, and having also considered the report and recommendation of the Legislative Committee dated September 6, 1973 and submitted pursuant to Council resolution No. 583-73, the Council does hereby concur with the recommendation of the Planning Commis- sion and the said Petition No. 73-3-6-7 is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. 13995 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was #788-73 RESOLVED, that having considered a communication dated May 1, 1973 from the City Planning Commission which sets forth its resolution No. 4-88-73 with regard to Petition No. 73-3-6-9 submitted by the City Planning Commission on its own motion to determine whether or not to amend Sections 10.08, 11.09 and 30.08, Front and Side Yard Requirements, of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, so as to revise the front side yard requirements in commercial districts, and Section 11.03 Waiver Uses, so as to revise the requirements relating to utility trailers and commercial buildings of 30,000 square feet or more in size, and the Council having conducted a public hearing with regard to this matter on July 9, 1973, pursuant to Council resolution No. 410-73, and having also considered the report and recommendation of the Legisla- tive Committee dated September 6, 1973 and submitted pursuant to Council resolution No. 585-73, the Council does hereby refer the same to the Department of Law for the preparation of the proposed Ordinance deleting however all proposed language in Sections 10.08, 11.09 and 30.08 commenc- ing with the phrase "and further provided, that where the depth of the front or side yard" and ending with the phrase "next closest commercial building." A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. J By Councilman Milligan, seconded by Councilman Brown, it was #789-73 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated September 6, 1973 and submitted pursuant to Council resolution No. 565-73 in connection with the request for a pro- posed ordinance which would prohibit the sale of BB guns, the Council does hereby determine to take no further action at this time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: Ventura. LThe President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was 13996 #790-73 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated September 6, 1973 and submitted pursuant to Council resolution No. 675-?3 in connection with the proposed amend- ment to the Zoning Ordinance submitted by the Department of Law dated August 6, 1973, with respect to Petition No. 73-3-6-6 (Accessory Uses in Residential Districts), such proposed amendment having been given its First Reading by Councilman Milligan on August 15, 1973, the Council does hereby determine to refer this matter back to the Department of Law for the preparation of a revised ordinance with the following language changes: Section 4.02 paragraph (g), in the sentence beginning "This shall not prohibit" insert the word "unit" after the phrase "recreational equipment" so that it will read "re- creational equipment unit." In the sentence beginning "The temporary parking of one (1)" insert the word "unit" after "recreational equipment." In the phrase beginning "for the purpose of repairing and maintaining" insert the work "unit" after "recreational equipment." Section 5.02 paragraph (b) to read as follows: Growth and propagation of nursery stock for sale and/or distribution and the sale and/or distribution of the product of green houses or truck gardens which green houses or truck gardens are on the site. Section 7.02 paragraph (c) the sentence beginning "This shall not, however," shall be amended to read as follows: This shall not, however, prohibit the storage in the rear yard of one (i) unoccupied recreational equipment unit for each dwelling unit which equipment is the property of or in the trust of the occupant of the dwelling unit. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #791-73 RESOLVED, that having considered the report and recommendation from the Legislative Committee dated September 6, 1973 and submitted pursuant to Council resolution No. 563-73 in connection with a recommenda- tion from the Water and Sewer Board for the adoption of an amendment to 13997 the Livonia Code of Ordinances, Section 5-506, regarding connection rates for buildings, the Council does hereby determine to approve of the same and refer this matter to the Department of Law for the preparation of the proposed ordinance for submission to Council; further, the Council does hereby request the Water and Sewer Board to consider the use of fixture units as the criterion for establishing tap fees, and to thereafter sub- mit its report and recommendation in this regard. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 8-218 OF CHAPTER 2 (MISDEMEANORS) OF TITLE 8 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 above Ordinance was placed on the table for consideration at the next regular meeting of the Council. The Airport Survey, submitted by the Industrial Coordinator, dated September 17, 1973, in response to Council resolution No. 715-73, was received and filed for the information of the Council. Councilman Raymond gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 15 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 51+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 73-3-1-12 FOR CHANGE OF ZONING FROM R-1 TO P. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 73-5-3-3) 13998 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Raymond, seconded by Councilman Brown, it was #792-73 RESOLVED, that having considered a communication from the Livonia Division of Police dated September 12, 1973 with regard to a request from the Michigan Liquor Control Commission dated July 17, 1973, on an application from Mansour Saisi for a new SDM License to be located at 8861 Middlebelt Road, Livonia, Michigan, the Council does hereby concur in the recommendation of the Police Division and does recommend that the Michigan Liquor Control Commission deny this request; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #793-73 RESOLVED, that having considered a communication from the Livonia Division of Police dated September 12, 1973 on a request from the Michigan Liquor Control Commission with regard to an application from Thomas C. Imhoff for a transfer of ownership of a 1973 SDM License from Lawrence A. Michaelson located at 31501 Plymouth Road, Livonia, Michigan, the Council does hereby recommend approval of the transfer of ownership; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. The petition submitted by residents on Country Club Drive between Bennett and Curtis, Curtis between Wayne and Fairway and Hampton Court, requesting street lights, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was 13999 #794+-73 RESOLVED, that the Council having considered a communication dated August 27, 1973 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of ornamental street lighting with underground wiring on the Industrial Road from Merriman Road easterly to the west line of the Kroger Company property in Section 26, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of August 27, 1973 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set MONDAY, NOVEMBER 26, 1973 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #795-73 RESOLVED, that the Council having considered a communication dated August 27, 1973 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposea improvement with regard to Nottingham Woods West Subdivision in Section 8, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies the number of parcels which are vacant, and having prepared and caused to be prepared, plans and specification therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recom- mendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district., and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by 1+000 the City Engineer with the City Clerk under date of August 27, 1973 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, November 26, 1973 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 18, 1973 pursuant to Council resolution No. 333-72, adopted on April 12, 1972, and in accordance with the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed improvement of Mayfield Avenue (Six Mile Road to Curtis) in Section 10, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on September 10, 1973, pursuant to Council resolution No. 597-73, after due notice as required by Title 2, Chapter 5 of said Code, as amended, and a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the Special Assessment proceedings heretofore commenced for the proposed improvement of Mayfield Avenue (Six Mile Road to Curtis). A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura and Raymond. NAYS: Milligan, McCann? Bennett and Nash. The President declared the resolution DENIED. By Councilman Milligan, seconded by Councilman Bennett, it was #796-73 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 18, 1973 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on September 10, 1973, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code, (1) accept and approve said statement in all respects, 140.1 (2) determine to make the improvement consisting of a deep strength asphalt paving with valley swales (Alternate III) on Mayfield Avenue (Six Mile Road to Curtis) in Section 10, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said im- provement as set forth in said statement dated June 18, 1973; (4) Determine that the estimated cost of such improve- ment is $77,629.79; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; (6) that the proportion of the cost and expense of said improvement to be born and paid by the City shall be $11,644.47 and that the blance of said cost and expense of said public improvement amounting to $65,985.32 shall be born and paid by special assess- ments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improve- ment may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows; Lots 1 through 8 inclusive, and 61 through 104 inclusive, of Green Brier Estates Subdivision in the E. 1/2 of the S. W. 1/4 of Section 10, City of Livonia, Wayne County, Michigan (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits 'to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and 14002 (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate re- quired by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett and Nash. NAYS: Brown, Ventura and Raymond. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #797-73 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 18, 1973 pursuant to Council resolution No. 333-72, adopted on April 12, 1972, and in accordance with the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed improvement of Fairfield Avenue (Six Mile Road to Curtis) in Section 10, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on September 10, 1973, pursuant to Council resolution No. 597-73, after due notice as required by Title 2, Chapter 5 of said Code, as amended, and a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the Special Assessment proceedings heretofore commenced for the proposed improvement of Fairfield Avenue (Six Mile Road to Curtis). By Councilman Ventura, seconded by Councilman Milligan, it was #798-73 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 133 more particularly described in Council resolution No. 414-73, adopted on May 16, 1973, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting to be installed on Sears Avenue in the S. 1/2 of Section 26, City of Livonia, Wayne County, Michigan, in said Special Assessment District No. 133; 14003 NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be 400 watt mercury vapor ornamen- tal lights installed on existing poles and that the assessments set forth in said Special Assessment District No. 133 Roll are fair and equitable and based upon the benefits derived in said district, in accordance with the plans of the City Engineer and resolution of the City Council, said Special Assessment Roll No. 133 based on installation of 400 watt mercury vapor ornamental lights installed on existing poles is hereby approved and confirmed in all respects pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #799-73 RESOLVED, that having considered a communication dated June 22, 1973 from the City Planning Commission which sets forth its resolution No. 5-133-73 with regard to Petition No. 73-4-1-16 submitted by Charest, Clancy and Katulski for a change of zoning on property located on the east side of Middlebelt Road, south of Morlock in the Northwest 1/4 of Section 1, from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on September 10, 1973, pursuant to Council resolution No. 615-73, the Council does hereby concur in the recom- mendation of the Planning Commission and the said Petition No. 73-4-1-16 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #800-73 RESOLVED, that having considered a communication dated June 22, 1973 from the City Planning Commission which sets forth its resolution No. 5-134-73 with regard to Petition No. 73-4-1-17 submitted by Anthony R. Zaguroli for a change of zoning on property located on the east side of Middlebelt Road between Clarita and Pickford in the Northwest 1/4 of Section 12, from RUF to C-i, and the Council having conducted a public hearing with regard to this matter on September 10, 1973, pursuant to Council resolution No. 615-73, the Council does hereby concur in the recom- mendation of the Planning Commission and the said Petition No. 73-4-1-17 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. 14004 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #801-73 RESOLVED, that having considered a communication dated June 22, 1973 from the City Planning Commission which sets forth its resolution No. 5-138-73 with regard to Petition No. 73-4-6-10 submitted by the City Planning Commission pursuant to Council resolution No. 230-73 to amend Article XIV of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, by adding Section 14.06, Site Plan Review and Approval, and by amending Section 14.07, Waiver Uses, so as to provide for more permitted uses in the R-E Zoning District, and the Council having conducted a public hearing with regard to this matter on September 10, 1973, pursuant to Council resolution No. 620-73, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Milligan, seconded by Councilman McCann, and unanimously L adopted, it was #802-73 RESOLVED, that having considered a communication received by the City Clerk on June 29, 1973 from the City Planning Commission which sets forth its resolution No. 6-150-73 with regard to Petition No. 73-5-6-11 submitted by the City Planning Commission on its own motion to determine whether or not to amend Sections 2.10, 14.02, 15.02, 16.02, 16.11 and 17.02 pertaining to the controls and regulations of the industrial districts, and the Council having conducted a public hearing with regard to this matter on September 10, 1973, pursuant to Council resolution No. 620-73, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Bennett, it was #803-73 RESOLVED, that having considered a communication dated June 25, 1973 from the City Planning Commission which sets forth its resolution No. 5-140-73 with regard to Petition No. 73-3-1-14 submitted by Marshall R. Lapin, D.D.S. for a change of zoning on property located on the west side of Houghton, south of West Chicago in the Southeast 1/4 of Section 31, from R-1 to P, and the Council having conducted a public hearing with regard to this matter on September 10, 1973, pursuant to Council resolu- tion No. 615-73, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 73-3-1-14 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 14005 By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #804-73 RESOLVED, that having considered a communication received by the City Clerk on June 29, 1973 from the City Planning Commission which sets forth its resolution No. 6-146-73 with regard to Petition No. 73-5-1-19 submitted by Michael J. Talbot, Attorney for Barbara Saperstein for a change of zoning on property located on the north side of Joy Road between Newburgh and Stonehouse in the Southeast 1/4 of Section 31, from R-1 to R-7, and the Council having conducted a public hearing with regard to this matter on September 10, 1973, pursuant to Council resolution No. 615-73, the Council does hereby refer the same to the Committee of the Whole for further consideration pending completion of the City's Master Land Use Plan. By Councilman Brown, seconded by Councilman Bennett, it was #805-73 RESOLVED, that having considered a communication from the Depart- ment of Law, dated September 7, 1973, transmitting for acceptance a Grant of Easement executed on August 10, 1973 by Joseph W. Duda and Barbara M. Duda, his wife, granting to the City an easement which easement is more particularly described as: South 12 feet of Lot 817, Supervisor's Livonia Plat No. 14, as recorded in Liber 70, Page 69, Wayne County Records, said plat being of the North 1/2 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 28e817) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #806-73 RESOLVED, that having considered a communication from the Budget Director dated September 17, 1973, approved for submission by the Mayor, the Council does hereby determine that the General Fund Revenue Budget be increased as follows: Account Number Revenue Account Description Amount Increased 651 Fines & Forfeits $ 95,000 672 Interest Earnings on Investments 20,000 Total $ 115,000 14006 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #807-73 RESOLVED, that having considered a communication from the City Planning Commission dated August 24, 1973, which transmits its resolution No. 8-208-73 adopted on August 14, 1973, wherein the Commission did amend Part 5 of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to delete certain described property located in Section 5, as well as incorporate certain described property in Section 5, the Council does hereby determine to acknowledge and certify the receipt of this resolution. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #808-73 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 Milligan, seconded by Councilman McCann, and unanimously adopted, it was #809-73 RESOLVED, that having considered a communication dated November 5, 1971 from the City Planning Commission which sets forth its resolution No. 11-293-71 with regard to Petition No. 71-8-1-52 submitted by Robert C. Horvath for Livonia Associates for a change of zoning on property located on the south side of Eight Mile Road between Farmington Road and Gill Road in the Northeast 1/4 of Section 4, from RUF to C-4, and the Council having conducted a public hearing with regard to this matter on December 13, 1971, pursuant to Council resolution No. 1028-71, the Council does hereby determine to refer this matter to the City Planning Commission for the purpose of giving the same further consideration, conducting a new Public Hearing in accordance with the provisions set forth in Section 23.O1(a) of the Livonia Zoning Ordinance and to thereafter submit a new report and recommendation. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #810-73 RESOLVED, that having considered a communication dated January 13, 1972 from the City Planning Commission which sets forth its resolution No. 12-337-71 with regard to Petition No. 71-11-1-68 submitted by Robert C. Horvath for a change of zoning on property located on the south side of 14007 Eight Mile Road between Farmington Road and Gill Road in the Northeast 1/4 of Section 4 from RUF to P, and the Council having conducted a public hearing with regard to this matter on March 13, 1972, pursuant to Council resolution No. 108-72, the Council does hereby determine to refer this matter to the City Planning Commission for the purpose of giving the same further consideration, conducting a new public hearing in accordance with the provisons set forth in Section 23.01(a) of the Livonia Zoning Ordi- nance and to thereafter submit a new report and recommendation. By Councilman Ventura, seconded by Councilman Bennett, it was #811-73 RESOLVED, that having considered a communication from the City Engineer dated September 14, 1973, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the bid of McCarthy Contracting Co., P. 0. Box 257, Farmington, Michigan 48024, in the amount of $68,927.00 for the paving of Pamco Drive, west from Merriman Road in the N. E. 1/4 of Section 27, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work; provided, however, that the action taken herein is made subject to and conditioned upon the receipt of the necessary deed and grant of easement for the proposed road construction in accordance with Council resolution No. 797-72; and the Director of Public Works is hereby authorized to approve all minor adjustment in the work as completed; further, the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resol- ution; and further, the Council does hereby authorize as an advance from the 9.8 Million Dollar Street and Road General Obligation Bond Issue the sum of $68,927.00, such amount to be reimbursed to the said bond issue from the proceeds of the special assessment district established for this project; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #811A-73 RESOLVED, that having considered a communication from the Depart- ment of Law, dated September 24, 1973, approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire from Donald E. Twork, a single man, doing business as Don's Dairy Supreme, the following described property: 14008 The West 195 feet of the South 59.75 feet of the North 255.75 feet of the Northwest 1/4 of Section 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the West 60 feet thereof (0.19 acres) - Bureau of Taxation Parcel Jla2a (Premises located at 15240 Farmington, Road, Livonia Michigan) The terms and conditions upon which acquisition is authorized are as follows: 1. Purchase price shall be in the amount of $65,000, 2. That a sum not to exceed $114.74 is hereby authorized to be expended for the proration of city, school and county taxes; 3. That the sum of $355 is authorized to be expended for the purchase of title insurance policy in the amount of the said purchase price; 4. That the foregoing amounts are hereby authorized to be expended from Federal Shared Revenue Funds; and 5. That the City Clerk, City Treasurer and the Department of Law 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:. Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #812-73 RESOLVED, that having considered a communication dated July 26, 1973 from the City Planning Commission which sets forth its resolution No. 7-181-73 with regard to Petition No. 73-6-1-22 submitted by Michigan National West Metro for a change of zoning on property located on the north side of Seven Mile Road between Farmington Road and Gill Road in the Southeast 1/4 of Section 4, from RUF to C-1, and the Council having conducted a public hearing with regard to this matter on September 24, 1973, pursuant to Council resolution No. 679-73, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 73-6-1-22 is hereby approved and granted; and the City Plann,,r 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. 14009 A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #813-73 RESOLVED, that having considered a communication dated July 26, 1973 from the City Planning Commission which sets forth its resolution No. 7-182-73 with regard to Petition No. 73-6-1-23 submitted by Michael E. Katulski, Attorney for Herman Borlack, d/b/a Alan Lori Carpet Company for a change of zoning on property located on the west side of Middlebelt Road between St. Martins and Bretton in the Southeast 1/4 of Section 2, from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on September 24, 1973, pursuant to Council resolution No. 6?9-73, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 73-6-1-23, as amended to C-1, 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 amend- ed, in accordance with this resolution. LA roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #814-73 RESOLVED, that having considered a communication dated July 26, 1973 from the City Planning Commission which sets forth its resolution No. 7-179-73 with regard to Petition No. 73-6-1-24 submitted by Andrew J. Masters for a change of zoning on property located on the west side of Arcola, north of Plymouth Road in the Southeast 1/4 of Section 25, from R-1 to P, and the Council having conducted a public hearing with regard to this matter on September 24, 1973, pursuant to Council resolution No. 679-73, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 73-6-1-24 is hereby approved and granted; and the City Planner is hereby instructed to cause the neces- sary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 14010 By Councilman Ventura, seconded by Councilman McCann, it was #815-73 RESOLVED, that having considered a communication dated July 26, 1973 from the City Planning Commission which sets forth its resolution No. 7-180-73 with regard to Petition No. 73-6-1-25 submitted by Ronald W. Broquet for a change of zoning on property located on the west side of Farmington Road, south of Eight Mile Road in the Northeast 1/4 of Section 4, from RUF to P.S., and the Council having conducted a public hearing with regard to this matter on September 24, 1973, pursuant to Council resolution No. 679-73, the Council does hereby concur with the recommenda- tion of the Planning Commission and the said Petition No. 73-6-1-25 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 13 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 ORDI- NANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 73-3-1-10 FOR CHANGE OF ZONING FROM RUF TO C-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 above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Raymond, it was #816-73 RESOLVED, that having considered a letter from Mr. Charles E. Roy, 14638 Westmore Avenue, Livonia, Michigan 48154, dated September 25, 1973, wherein a request is made for a 24 month extension on the approval made by the City Council on an application for a Michigan Liquor Control Commis- sion Class "C" Liquor License "above all others" for Mr. Roy as set forth in Council resolution No. 162-72, adopted on February 16, 1972, the Council does hereby determine to concur in this request and does grant a 24 month extension to the action set forth in Council resolution No.162-72 in the manner herein requested; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. 14011 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman Brown, seconded by Councilmen Milligan, and unanimously adopted, this 769th regular meeting of the Council of the City of Livonia was duly adjourned at 9:30 P. M., September 26, 1973. ADDISON W. City Clerk.