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HomeMy WebLinkAboutCOUNCIL MINUTES 1973-02-21 13535 MINUTES OF THE SEVEN HUNDRED FIFTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 21, 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 8:15 P. M.. Councilman Raymond 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: Addison W. Bacon, City Clerk, Harry A. Tatigian, City Attorney,Robert Turner, Police Chief, Daniel Gilmartin, Industrial Coordinator; G. E. Siemert, City Engineer, John Nagy, City Planner; John L Bunk, Acting Fire Chief; Jack Dodge, Budget Director; John Dufour, Superintendent of Parks and Recreation; Suzanne Taylor, Planning Commission; and Michael Reiser, of the Water and Sewer Board. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #131-73 RESOLVED, that the minutes of the 753rd regular meeting of the Council of the City of Livonia, held February 7, 1973, are hereby approved. The communication dated February 19, 1973, from the Planning Director, with respect to the City's application for participation in the Federal Flood Insur- ance Program, was received and filed for the information of the Council. The communication from the Department of Law, Dated February 16, 1973, as well as a communication from Mrs. Arlene Maston, dated February 14, 1973, with respect to the rental of Quaker Acres (CR-52-73), were received and filed for the Linformation of the Council. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was 1356 L #132-73 RESOLVED, that having considered the Water Budget and the Sewer Budget for the Fiscal Year beginning March 1, 1973 through February 28, 1974, as submitted by the Water and Sewer Board under date of February 9, 1973, the Council does hereby determine to refer the same to the Water and Sewer Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman McCann, it was #133-73 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated February 14, 1973, the Council does hereby approve of the request from Raymond J. Ebach for transfer of ownership of 1972 SDM License from Gene E. and Delores B. Hunter located at 34225 Plymouth Road, Livonia, Michigan; 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: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. The communication from the Department of Law dated February 15, 1973, Lwith respect to Wayne County Circuit Court Civil Action No. 213316-R (Instructomatic, Inc., vs City of Livonia), was received and filed for the information of the Council. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2-606 OF TITLE 2, CHAPTER 6 (WEIGHTS & MEASURES) OF THE LIVONIA CODE OF ORDI- NANCES AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Ventura, seconded by Councilman Milligan, it was #134-73 RESOLVED, that having considered a communication from the L Superintendent of Operations, Director of Public Works and the Budget Director dated January 25, 1973, approved for submission by the Mayor, the Council does hereby accept the bid of Armstrong Buick-Opel, Inc., 17500 Grand River, Detroit, Michigan 48227, for supplying the City with one 1973 Buick Model B169, Four-door sedan at a unit price of $3,849.98, less trade- in of $1,555.00 on a 1971 Pontiac Four-door sedan, Serial Number 262691P350169, for a net price of $2,294.981 the same having been in fact the lowest and only bid meeting specifications received for this item. 13537 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #135-73 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, Director of Public Works and the Budget Director dated January 22, 1973, approved for submission by the Mayor, the Council does hereby accept the bid of B. J. Ratigan Chrysler-Plymouth, Inc., 30777 Plymouth Road, Livonia, Michigan 48150, for supplying the City with two 1973 Plymouth Fury 1 Four-door Sedans for the price of $5,236.00, less trade-in of $100.00 on a 1966 Ford Custom Sedan, Serial No. 6W54C144210 (DPW Veh. No. 2) for a total net price of $5,136.00, the same having been in fact the lowest bid meeting specifications for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was #136-73 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, Director of Public Works and the Budget Director dated January 26, 1973, approved for submission by the Mayor, the Council does hereby accept the bid of Astro Truck Equipment, 8611 Blythe Street, Detroit, Michigan 48024, for supplying the Road Maintenance Section of the Operations Division with three new Meyer, Model ST-102, 8f-6" truck mounted Snow Plows at a unit price of $921.00 and a total net price of $2,763.00, the same having been in fact the lowest bid meeting specifi- cations for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #137-73 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 (M.S.A. Section 5.2934) 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, April 2, 1973 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: 13538 Petition No. 72-12-6-12 submitted by the City Planning Commission on its own motion to determine whether or not to amend Ordinance No. 543, the Zoning Ordinance, by adding a new paragraph to provide additional control relating to enclosed theatres, the City Planning Commis- sion having in its resolution No. 1-10-73 recommended to the City Council that Petition No. 72-12-6-12 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 to cause to have a statement indicating the nature of the proposed amendment to the Zoning Ordinance as set forth above first to be published in the official news- paper 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. By Councilman Bennett, seconded by Councilman Brown, it was RESOLVED, that having considered a communication dated October 3, 1972 from the City Planning Commission which sets forth its resolution No. 9-243-72 with regard to Petition No. 72-7-1-36, submitted by Patrick Duggarl, Attorney for Robert Saks Mechigian for a change of zoning on property located south of Seven Mile Road, east of Melvin in the Northeast 1/4 of Section 11, from R-5, R-1-A and P.S., to C-2, and the Council having conducted a public hearing with regard to this matter on December 11, 1972, pursuant to Council resolution No. 969-72, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 72-7-1-36 is hereby denied for the following reasons : 1. The proposed zoning change provides for high intensity commercial uses that will be detrimental to the surrounding and established residential neighborhood uses of the area. 2. The proposed zoning change will provide for an increase in intensity of land use that will cause an increase in commercial traffic to use an unimproved street. 3. The proposed zoned change will bring heavy commercial uses immediately opposite the front yard of residentially developed property and it will diminish their continued residential use and enjoyment. 4. The proposed zoning change is inconsistent with the Livonia Mall Master Land Use Plan in that the proposed area of the zoning change was to be a transitional and buffer area to be developed principally in office uses so that to provide the separation between the commercial uses located to the east from the residential uses located along the west side of Melvin Avenue. 13539 5. The proposed zoning change will encourage the continued westward expansion of commercial uses along Seven Mile Road and will tend to convert other residentially zoned and developed land to commercial uses. 6. The proposed zoning change will discourage the orderly growth and development of the surrounding area and will tend to diminish the Master Land Use Plan recommendations for the balance of the lands fronting along Melvin Avenue and immediately to the south of the area under petition. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication dated October 3, 1972 from the City Planning Commission which sets forth its resolution No. 9-2+3-72 with regard to Petition No. 72-7-1-36, submitted by Patrick Duggan, Attorney for Robert Saks Mechigian for a change of zoning on property located south of Seven Mile Road, east of Melvin in the Northeast 1/4 of Section 11, from R-5, R-1-A and P.S. to C-2, and the Council having conIuct- ed a public hearing with regard to this matter on December 11, 1972, pursuant to Council resolution No. 969-72, the Council does hereby deter- mine to table this matter until such as the representative for the owner can come in and present a different use proposal. A roll call vote was taken on the motion to table, with the following result: AYES: Raymond, McCann and Ventura. NAYS: Milligan, Bennett, Brown and Nash. The President declared the motion to table DENIED. By Councilman Milligan, seconded by Councilman Ventura, it was #138-73 RESOLVED, that having considered a communication dated October 3, 1972 from the City Planning Commission which sets forth its resolution No. 9-2+3-72 with regard to Petition No. 72-7-1-36, submitted by Patrick Duggan, Attorney for Robert Saks Mechigian for a change of zoning on property located south of Seven Mile Road, east of Melvin in the Northeast 1/4 of Section 11,from R-5, R-1-A and P.S. to C-2, and the Council having conduct- ed a public hearing with regard to this matter on December 11, 1972, pursuant to Council resolution No. 969-72, the Council does hereby deter- mine to refer this entire matter back to the City Planning Commission for further study and thereafter a new report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Ventura. NAYS: Nash. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Raymond, it was 13540 #139-73 RESOLVED, that having considered a communication dated January 31, 1973 from the City Planning Commission, which transmits its resolution No. 1-6-73 adopted by the Commission on January 16, 1973 with regard to Petition No. 72-12-2-46, submitted by Durbin-Slavik Joint Venture request- ing permission to locate Insurance Offices and Consulting Services as a waiver use on property zoned P.S. located on the east side of Farmington Road between Six Mile and Curtis Avenue in the Southwest 1/4 of Section 10, the Council does hereby concur in the recommendation made by the City Plan- ning Commission and Petition No. 72-12-2-46 is hereby approved and granted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, Bennett, Brown, Ventura and Nash. NAYS: McCann. Tne President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Ventura, it was #140-73 RESOLVED, that having considered a communication dated January 31, 1973 from the City Planning Commission, which transmits its resolution No. 1-5-73 adopted by the Commission on January 16, 1973 with regard to Petition No. 72-12-2-45 submitted by Durbin-Slavik Joint Venture requesting permis- sion to locate advertising agencies, business and consumer service businesses as a waiver use on property zoned P.S. located on the east side of Farmington Road between Six Mile Road and Curtis Avenue in the Southwest 1/4 of Section 10, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-12-2-45 is hereby approved and granted. A roll call vote was taken on the foregoing resolution with the following result- AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #141-73 RESOLVED, that having considered a communication dated January 30, 1973 from the City Planning Commission, which transmits its resolution No. 1-7-73 adopted by the Commission on January 16, 1973 with regard to Peti- tion No. 72-11-2-41 submitted by Raul Garza requesting permission to construct a sit-down restaurant as a waiver use on property zoned C-2 located on the south side of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-11-2-41 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. 13541 A roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, Bennett, Brown and Ventura. NAYS: Raymond, McCann and Nash. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Ventura, it was #142-73 RESOLVED, that having considered a communication dated January 30, 1973 from the City Planning Commission, which transmits its resolution No. 1-2-73 adopted by the Commission on January 16, 1973 with regard to Petition No. 72-12-2-42 submitted by Sebastiano Casadei requesting permis- sion to fill flood plain area fronting on Upper Rouge River as a waiver use on property zoned C-1 located on the north side of Seven Mile Road between Inkster and Angling in the Southeast 1/4 of Section 1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-12-2-42 is hereby approved and granted. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #143-73 RESOLVED, that having considered a communication dated January 30, 1973 from the City Planning Commission, which transmits its resolution No. 1-11-73 adopted by the Commission on January 16, 1973 with regard to Petition No. 72-11-2-38, submitted by Christ Papatheodore requesting permis- sion to operate a Coney Island Restaurant as a waiver use on property zoned C-2 located at the northeast corner of Five Mile Road and Merriman Road in the Southwest 1/4 of Section 14, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-11-2-38 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Milligan, Bennett, Brown, Ventura and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman McCann, it was 13542 #144-73 RESOLVED, that having considered a communication dated January 26, 1973 from the Michigan Liquor Control Commission with regard to an applica- tion from Albert R. Lemieux, Daly Restaurant, for a new full year Class "C" License to be located at 15231 Farmington Road, Livonia, Michigan, the Council does hereby determine to refer the same to its Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement: My 'no' vote is cast because I feel that the petitioner should have the opportunity to come in and present his plans. By Councilman Ventura, seconded by Councilman Milligan, it was #145-73 RESOLVED, that having considered a, letter from the Michigan Liquor Control Commission dated November 27, 1972, and the report and recommenda- tion dated February 14, 1973 from the Chief of Police, in connection there- with, the Council does hereby approve of the request from John T. McGuire for a new S.D.M. License to be located at 10940 Farmington Road, Livonia, Michigan; 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: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #146-73 RESOLVED, that having considered a communication from. the Budget Director dated January 19, 1973, approved for submission by the Mayor, wherein a request is made for the transfer and appropriation of funds sufficient to implement the action taken by the Local Officers Compensation, the Council does hereby determine to authorize the following transfer of funds : Departments Account Nos. From To Amount Council 101-861 101-703 $13,000.00 City Clerk 111-861 and 193-707 111-703 7,000.00 13543 Departments Account Nos. From To Amount Mayor 173-861 173-703 $3,000.00 Treasurer 253-861 253-703 2,400.00 further, the Council does hereby appropriate the following amounts from the Unexpended Fund Balance Account to the following Accounts. Departments Account Nos. Amount Council 101-703 $6,983.00 City Clerk 111-703 1,160.00 Mayor 173-703 2,490.00 Treasurer 253-703 3,500.00 $14,133.00 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was #147-73 RESOLVED, that having considered communications from Mr. William N. Ponder, Attorney, dated January 29, 1973 and February 21, 1973, in behalf of his client Curtis Building Company, with regard to Nottingham Woods West Subdivision No. 2, the Council does hereby determine that with respect to the Sidewalk Bond in the amount of S28,500.00, and cash deposits in the amount of $18,795.00 for Monuments, Improvement Bond and Parksite escrow, as authorized in Council Resolution No. 330-72, adopted on April 12, 1972, and subsequently amended by Council Resolution No. 882-72, that the Council will approve and authorize the acceptance of an Irrevocable Letter of Credit, written by an accredited banking institution and approved as to form by the Department of Law, which has a minimum duration of one year, in order to comply with these requirements; and on deposit of same with the City Clerk, 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: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was 13544 4148-73 RESOLVED that, Taubman Company, Inc., 26250 Northwestern Hwy., Southfield, Michigan, as proprietors, having requested the City Council to approve the proposed preliminary plat, as revised, of the following sub- division: Taubman Industrial Subdivision, located in the S. W. 1/4 of Section 26, City of Livonia, the said proposed preliminary plat, as revised, being dated November 30, 1972; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commis- sion, after due notice and a public hearing on December 19, 1972; and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated January 23, 1973, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (i) 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 Ordi- nances, 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 department; all such improvements to be constructed, installed, accomplish- ed 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 whatsover, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 9-122 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City o 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) Cash payments to be made to the City: Installation of Survey Monuments and Lot Corners $380.00 Plan review, field inspection and administration PREPAID $1,140.00 13545 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as shall be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts: General Improvement Bond - Not required Sidewalk Bond - Not required (9) That the distribution lines for telephones and electric service are to be placed in accordance with Ordinance No. 806, and ornamental street lights are to be provided throughout the subdivision, in accordance with City ordinances. and further, Council resolution No. 791-70, adopted on August 17, 1970, is hereby revised and amended to the extent necessary to reflect the action taken herein. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS. None. The President declared the resolution adopted. *Councilman Raymond was excused at 8.50 p. m. 3..3546 By Councilman Ventura, seconded by Councilman Milligan, it was #i49-73 RESOLVED, that having considered the report and recommendation dated January 19, 1973 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated December 20, 1972, the Council does hereby authorize Final Payment in the amount of $23,208.02 to McCarthy Contracting Company, Box 257, Farmington, Michigan 48024, which sum includes the full and complete balance due on a contract dated October 3, 1972 in the amount of $116,167.25 in connection with the Autry, Curtis, Lyndon and Vassar Avenue Paving Projects, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed, and the Council does authorize and appropriate the additional advance of $1,202.10 from the 9.8 Million Dollar General Obligation Road Improvement Bond Issue for this purpose with the provision that said bond issue be reimbursed at such time as funds become available from the proceeds of a Special Assessment District and/or Bond Issue approved with respect to same; 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: Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was #150-73 RESOLVED, that having considered the report and recommendation of the City Engineer dated January 19, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the Autry, Lyndon and Vassar Avenue Paving Project, the Council does hereby determine that based upon actual costs that the assessment rates previously established shall be revised in accordance with Sections 2-526 and 2-527 of the Livonia Code of Ordinances, as amended, in the following manner: a. Special Assessment District No. 112, Autry Avenue, to be decreased by 3.63%, b. Special Assessment District No. 92, Lyndon Avenue, to be increased by 9.61%; and c. Special Assessment District No. 107, Vassar Avenue, to be increased by 1.82%, that the said Special Assessment Districts shall be revised and amended in accordance with the attached revised Assessment Rolls, which rates will reflect actual costs incurred for these projects* and the City Assessor, City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution. 13547 triA roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. Councilman Raymond returned at 8:52 p. m. By Councilman Brown, seconded by Councilman McCann, it was #151-73 RESOLVED, that having considered the report and recommendation dated January 18, 1973 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, concerning sidewalk installation at the following locations: Five Mile Road - Merriman Road to Middlebelt Section 23 (1) Bureau of Taxation Parcel 23D2a Sidewalk needed: Approximately 75 feet. Five Mile Road - Merriman Road to Farmington Section 15 (1) Bureau of Taxation Parcel 15a623b,a624a Sidewalk needed: Approximately 171 feet (2) Bureau of Taxation Parcel 15a625 Sidewalk needed: Approximately 100 feet (3) Bureau of Taxation Parcel 15a626 Sidewalk needed• Approximately 100 feet (4) Bureau of Taxation Parcel 15a627 Sidewalk needed: Approximately 100 feet (5) Bureau of Taxation Parcel 15a628 Sidewalk needed: Approximately 100 feet (6) Bureau of Taxation Parcel 15a629 Sidewalk needed. Approximately 100 feet (7) Bureau of Taxation Parcel 15a664a Sidewalk needed: Approximately 106 feet (8) Bureau of Taxation Parcel 15a665a Sidewalk needed: Approximately 100 feet. (9) Bureau of Taxation Parcel 15a666 Sidewalk needed: Approximately 100 feet (10) Bureau of Taxation Parcel 15a667 13548 Sidewalk needed: Approximately 100 feet (11) Bureau of Taxation Parcel 15a668 Sidewalk needed: Approximately 100 feet (12) Bureau of Taxation Parcel 15a669 Sidewalk needed- Approximately 100 feet (13) Bureau of Taxation Parcel 15a670 Sidewalk needed: Approximately 100 feet (14) Bureau of Taxation Parcel 15a671 Sidewalk needed. Approximately 105 feet (15) Bureau of Taxation Parcel 15a700 Sidewalk needed: Approximately 100 feet (16) Bureau of Taxation Parcel 15a701 Sidewalk needed: Approximately 100 feet (17) Bureau of Taxation Parcel 15a702 Sidewalk needed: Approximately 100 feet (18) Bureau of Taxation Parcel 15a703 Sidewalk needed: Approximately 100 feet (19) Bureau of Taxation Parcel 15a704 Sidewalk needed- Approximately 100 feet (20) Bureau of Taxation Parcel 15a705, 7C6 Sidewalk needed: Approximately 200 feet Section 22 (21) Bureau of Taxation Parcel 22a112 to a123 Sidewalk needed: Approximately 120 feet Five Mile Road - Farmington to Yale (1) Bureau of Taxation Parcel 16a145 to al48 Sidewalk needed. Approximately 45 feet (2) Bureau of Taxation Parcel 16a144 Sidewalk needed: Approximately 17 feet (3) Bureau of Taxation Parcel 16al, a2, a3 Sidewalk needed: Approximately 11,0 feet (on Coventry Drive) (4) Bureau of Taxation Parcel 16a12 thru 18a Sidewalk needed: Approximately 165 feet. (5) Bureau of Taxation Parcel 1612a Sidewalk needed: Approximately 420 feet 13549 (6) Bureau of Taxation Parcel 16Hla Sidewalk needed: Approximately 531 feet (7) Bureau of Taxation Parcel 16g68 Sidewalk needed: Approximately 130 feet (8) Bureau of Taxation Parcel 16g1 Sidewalk needed: Approximately 135 feet. Section 21 (1) Bureau of Taxation Parcel 21B5b2a,6a2a,7a2a,b2,8a1-9bla Sidewalk needed. Approximately 410 feet (2) Bureau of Taxation Parcel 21Bllbl Sidewalk needed: Approximately 63 feet (3) Bureau of Taxation Parcel 21B12a1 Sidewalk needed. Approximately 57 feet (4) Bureau of Taxation Parcel 21B12b1 Sidewalk needed. Approximately 36 feet (5) Bureau of Taxation Parcel 21B13a Sidewalk needed: Approximately 18 feet (6) Bureau of Taxation Parcel 21B14a Sidewalk needed: Approximately 165 feet (7) Bureau of Taxation Parcel 21J1 Sidewalk needed: Approximately 1,638 feet (8) Bureau of Taxation Parcel 21cla Sidewalk needed: Approximately 102 feet (9) Bureau of Taxation Parcel 21c2 Sidewalk needed: Approximately 130 feet (10) Bureau of Taxation Parcel 21c3 to c6 Sidewalk needed: Approximately 323 feet (11) Bureau of Taxation Parcel 21Llalala Sidewalk needed Approximately 100 feet (12) Bureau of Taxation Parcel 21Lla2alb Sidewalk needed: Approximately 148 feet (13) Bureau of Taxation Parcel 21Lla2bl, Llclbl Sidewalk needed- Approximately 81 feet (14) Bureau of Taxation Parcel 21L2a Sidewalk needed- Approximately 329 feet (15) Bureau of Taxation Parcel 21f32,31 13550 Sidewalk needed: Approximately 598 feet (16) Bureau of Taxation Parcel 21M1al Sidewalk needed: Approximately 165 feet (17) Bureau of Taxation Parcel 21M1b1,M2a1 Sidewalk needed: Approximately 245 feet Five Mile Road - Yale to Newburgh Section 17 (1) Bureau of Taxation Parcel 17R1 Sidewalk needed. Approximately 1,320 feet (2) Bureau of Taxation Parcel 17QPdlald2a Sidewalk needed: Approximately 83 feet Section 20 (3) Bureau of Taxation Parcel 20A2a Sidewalk needed: Approximately 94 feet (4) Bureau of Taxation Parcel 20A3a Sidewalk needed. Approximately 236 feet (5) Bureau of Taxation Parcel 20A4a Sidewalk needed: Approximately 80 feet (6) Bureau of Taxation Parcel 20A4b1 Sidewalk needed: Approximately 76 feet (7) Bureau of Taxation Parcel 20A4c1 Sidewalk needed. Approximately 75 feet (8) Bureau of Taxation Parcel 20a1 Sidewalk needed: Approximately 5 feet (9) Bureau of Taxation Parcel 20D1 Sidewalk needed: Approximately 891 feet (10) Bureau of Taxation 20Ela Sidewalk needed. Approximately 121 feet Five Mile Road - Newburgh to Eckles Section 18 (1) Bureau of Taxation Parcel 18Mlala Sidewalk needed: Approximately 300 feet (2) Bureau of Taxation Parcel 18DOLC1, DOLC2 Sidewalk needed: Approximately 310 feet 13551 (3) Bureau of Taxation Parcel 1812a1 Sidewalk needed: Approximately 318 feet Section 19 (4) Bureau of Taxation Parcel 19Flal Sidewalk needed: Approximately 125 feet (5) Bureau of Taxation Parcel 19Flblal Sidewalk needed: Approximately 125 feet. and for the reasons therein stated, the Council does hereby require the respective owners of lots and premises referred to above to construct and install sidewalks in front of, adjacent to and abutting such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution, which is made pursuant to the City's Code of Ordinances, as amended, Title 5, Chapter 1, Section 5-137; and further, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work or or before July 1, 1973, further, the Council does hereby authorize the expendi- ture of a sum not to exceed $6,960.00 from the Unexpended Fund Balance Account for the purpose of constructing approximately 1,040 lineal feet of sidewalks at intersections as well as 700 lineal feet for two parcels owned by the City of Livonia and Wayne County; and further, the Council does hereby request the Livonia Board of Education to arrange for the construction of sidewalks at the following location, or in the alternative, should the Board have these sidewalks constructed by the City, that the Board of Education agree to reimburse the City for the cost of same: Bureau of Taxation Parcel 21Bllal Sidewalk needed. Approximately 30 feet. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 7-105 OF ARTICLE 1 OF CHAPTER 1 (BUILDING CODES) OF TITLE 7 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. The foregoing Ordinances, 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 Brown, seconded by Councilman Ventura, it was L13552 #152-73 RESOLVED, that having considered a communication from the City Engineer dated January 23, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the TOPICS Project at the intersection of Seven Mile Road and Middlebelt Road, the Council does hereby determine to amend and revise Council resolution No. 622-72 to the extent necessary to show that the City's share as estimated in Item 2 of Council resolution No. 622-72 should more correctly be in the amount of $15,000.00 and further, to increase the advance authorized in Council resolution No. 622-72 for the three projects shown from $28,000.00 to the amount of $31,000.00; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Raymond seconded by Councilman McCann, it was #153-73 RESOLVED, that having considered a communication from Mr. Robert L. Johnstone, 14124 Sunset, Livonia, Michigan, received on February 1, 1973, wherein a request is submitted for the installation of a street light at the intersection of Hubbell and Schoolcraft, the Council does hereby refer this matter to the City Engineer for his report and recommendation. A roil call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY REPEALING SECTION 8-219, SECTION 8-220 AND SECTION 8-221 THEREOF. 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 Milligan gave first reading to the following Ordinance: L AN ORDINANCE AMENDING SECTION 8-218 OF 13553 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. By Councilman Ventura, seconded by Councilman Raymond, it was #15+-73 RESOLVED, that having considered the communication from the City Treasurer, dated February 6, 1973, with respect to the availability of acquiring property located at the Northeast corner of Newburgh Road and Plymouth from the State of Michigan (Tax Item 29b30b) from the State of Michigan as a result of unpaid taxes, the Council does hereby determine to refer this matter back to the Treasurer for a further report and recommenda- tion. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Brown, Ventura and Nash. NAYS: Bennett. The President declared the resolution adopted. The communication from the Mayor, dated February 5, 1973, with respect to ',he right-of-way deficiency on Middlebelt Road between Schoolcraft and Five Mile Road, was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman McCann, it was #155-73 RESOLVED, that having considered a communication from the City Engineer dated February 2, 1973, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a communica- tion dated January 25, 1973 from the Board of Wayne County Road Commission- ers and which transmits an original and four copies of an agreement concern- ing Urban Systems Project for Six Mile Road, Haggerty to I-96 Freeway, and a Federal Aid Secondary Project, Seven Mile Road, Haggerty to I-96 Freeway, within the City of Livonia, which projects and the estimated costs L thereto are described as follows: 1. Six Mile Road, between Haggerty and I-96 Freeway, to be widened to five lanes; total project cost estimated at $80,000.00; City's share estimated at $16,000.00; and 2. Seven Mile Road, between Haggerty and 1-96 Freeway, 13554 to be widened to five lanes, total project cost estimated at $102,000.00; City's share estimated at $20,400.00, the Council does hereby determine to approve of the said projects and the City's participation in the financial cost of same and for this purpose does hereby appropriate the sum of $36,400.00 from the City's Motor Vehicle Highway Fund (Major Road Account) for this purpose; further, the Mayor and City Clerk are hereby authorized to execute the agreements for subject project in behalf of the City of Livonia; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #156-73 RESOLVED, that having considered a communication dated February 9, 1973 from the City Planning Commission, which transmits its resolution No. 1-25-73 adopted by the Commission on January 30, 1973, with regard to Petition No. 73-1-2-1, submitted by the Livonia Family "Y" requesting permission to construct and operate an indoor tennis facility as a waiveruse on property zoned R-2 located on the west side of Stark Road, south of Lyndon Avenue in the Southeast 1/4 of Section 21, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 73-1-2-1 is hereby approved and granted, suoh action to be based upon the same conditions as are set forth in the aforesaid recommenda- tion of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #157-73 RESOLVED, that having considered the report and recommendation from the Parks and Recreation Commission dated February 6, 1973, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the low bids specified in the amounts specified as set forth in the attached baseball bid recommendations - 1973. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. 13555 By Councilman Milligan, seconded by Councilman Ventura, it was #158-73 RESOLVED, that having considered a communication from the Industrial Coordinator. dated February 13, 1973, approved by the Budget Director and approved for submission by the Mayor, with regard to the proposed acquisition of Bureau of Taxation Parcel 28U located at 12313 Stark Road in the Southeast 1/4 of Section 28, the Council does hereby determine to authorize the Department of Law to employ an expert Real Estate Appraiser in order to ascertain the fair market value of such pro- perty and for this purpose authorizes the expenditure of a sum not to exceed $200.00 from the Industrial Development Public Relations Account No. 803-885; and the Department of Law is hereby requested upon obtaining the said appraisal to thereafter enter into negotiations with the property owner of said property and then submit a report and recommendation to Council, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #159-73 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 18, 1972 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 February 5, 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; 2. determine to make the improvement consisting of 31 foot wide deep strength asphalt pavement with concrete curbs and gutters (Alternate II) on Deering Avenue, Five Mile to Puritan, 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 improve- ment as set forth in said statement dated December 18, 1972; 4. determine that the estimated cost of such improvement is 597,416.47, 5. determine that the cost of said improvement shall be 13556 paid for in part by special assessments on the pro- perty benefited thereby and in part by the City at large, in proportions hereafter established; 6. that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $14,612.47 and the balance of said cost and expense of said public improvement amounting to $82,804.00 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; 7. determine that assessments made for such improve- ment may be paid in ten (10) annual installments to- gether 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 : A special assessment district located in the S. E. 1/4 of Section 13, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as containing the following parcels : Lots 4, 5 and 9 through 98 of Strathcona Gardens Subdivision, as re- corded in Liber 69, Page 31 of Wayne County Records; 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 deter- mination of the City Council; and 10. that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code. By Councilman Ventura, seconded by Councilman Brown, it was 13557 #160-73 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 124 for the proposed street improvement of Bretton Avenue, Middlebelt to Purlingbrook, in Section 2 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, February 5, 1973 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 assessment levied on the special assess- ment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 124; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments: NOW, THEREFORE, BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated November 27, 1972 in the amount of $88,944.93 are fair and equitable and based upon benefits to be derived by construction of improve- ments proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said Special Assessment Roll No. 124 is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at a rate not to exceed six percent (6 ,) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1973. 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 install- ment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1973 and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty days (60) from December 1, 1973 pay the whole or any part of the assessment with- out interest or penalty; L (5) The first installment shall be spread upon the 1973 13558 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, to- gether with interest upon all unpaid installments from sixty (60) days after December 1 , 1973 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, (6) The City Council having determined to pay a portion of the cost of said street improvement within the said district in the sum of $13,341.74 and the same is hereby authorized to be expended from the Motor Vehicle Highway Fund Receipts to cover the City's cost of said installation. L. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Nash. NAYS: Milligan. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Brown, it was #161-73 RESOLVED, that having considered a communication dated November 28, 1972 from the City Planning Commission which sets forth its resolution No. 11-290-72 with regard to Petition No. 72-5-1-24 submitted by F.Thornthwaite for Cooperative Services, Inc., for a change of zoning on property located on the west side of Inkster Road, north of Joy Road in the Southeast 1/4 of Section 36, from RUF to R-9, and the Council having conducted a public hearing with regard to this matter on February 5, 1973 pursuant to Council resolution No. 1117-72, the Council does hereby determine to table this matter pending the possible adoption of a proposed ordinance amendment which would revise R-9 District Regulations so as to provide individual classifications therein governing maximum height and stories. A roll call vote was taken on the foregoing resolution with the following result: LAYES: Raymond, McCann, Bennett, Brown, Ventura and Nash. NAYS: Milligan. The President declared the resolution adopted. 13559 By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that the Council does hereby request the Mayor to appoint an Ad Hoc Committee to review the question of middle income housing for Senior Citizens and thereafter submit a report and recommenda- tion concerning the need for such housing, the type of construction which would be most desirable (i.e., one story, two story or high-rise), as well as possible locations for same, based upon a survey of sites and their availability, such report to be submitted within ninety (90) days after appointment of this committee. By Councilman Milligan, seconded by Councilman Bennett, it was RESOLVED, that the foregoing resolution be amended and in lieu thereof, to substitute so as to refer this matter to the Livonia Housing Commission for its report and recommendation, which report should be submitted expeditously. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that the foregoing substitute resolution be amended so as to request that the report from the Livonia Housing Commission be submitted within ninety days. A roll call vote was taken on the amendment to the substitute motion as follows: AYES: Raymond, McCann, Bennett, Ventura and Nash. NAYS: Milligan and Brown. The President declared the amendment to the substitute motion adopted. A roll call vote was taken on the motion to substitute with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: Raymond. The President declared the resolution to substitute adopted. A. roll call vote was taken on the substitute motion, as amended, as follows: #162-73 RESOLVED, that the Council does hereby request the Livonia Housing Commission to review the question of middle income housing for Senior Citizens and thereafter submit a report and recommendation concern- ing the need for such housing, the type of construction which would be most desirable (i.e., one story, two story, or high-rise), as well as possible locations for same, based upon a survey of sites and their availability, such report to be submitted within ninety (90) days. with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. 13560 LBy Councilman Ventura, seconded by Councilman McCann, it was #i63-73 RESOLVED, that having considered a communication dated November 28, 1972 from the City Planning Commission which sets forth its resolution No. 11-298-72 with regard to Petition No. 72-10-1-47 submitted by the City Planning Commission on its own motion for a change of zoning on property located on the northwest corner of Merriman Road and Schoolcraft Road in the Southeast 1/4 of Section 22, from C-1 to P.S., and the Council having conducted a public hearing with regard to this matter on February 5, 1973, pursuant to Council resolution No. 1117-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-10-1-47 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' Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that having considered a communication dated November 2R, 1972 from the City Planning Commission which sets forth its resolution No. 11-297-72 with regard to Petition No. 72-10-1-46 submitted by the City Planning Commission on its own motion for a change of zoning on property located on the north side of Ann Arbor Trail, west of Wayne Road in the Southeast 1/4 of Section 32, from C-1 to R-7, and the Council having conducted a public hearing with regard to this matter on February 5, 1973, pursuant to Council resolution No. 1117-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-10-1-46 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: Raymond, Milligan and Ventura. NAYS: McCann, Bennett, Brown and Nash. LThe President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Raymond, it was 13561 By Councilman Ventura, seconded by Councilman Raymond, it was #164-73 RESOLVED, that having considered a communication dated November 28, 1972 from the City Planning Commission which sets forth its resolu- tion No. 11-297-72 with regard to Petition No. 72-10-1-46 submitted by the City Planning Commission on its own motion for a change of zoning on property located on the north side of Ann Arbor Trail, west of Wayne Road in the Southeast 1/4 of Section 32, from C-1 to R-7, and the Council hav- ing conducted a public hearing with regard to this matter on February 5, 1973, pursuant to Council resolution No. 1117-72, the Council does hereby determine to refer this matter to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Ventura and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman McCann, it was #165-73 RESOLVED, that having considered a communication from the Depart- ment of Law, dated February 6, 1973, transmitting for acceptance a Warranty Deed executed on February 5, 1973 by John D. Gallombardo, a single man, conveying to the City: Lot No. 234, Rosedale Gardens #1 Subdivision, as recorded in Liber 56, Page 59, Wayne County Records, being a subdivision of part of N. 1/2 of the N. E. 1/4 of Section 34, T. 1 S., R. 9 E., Livonia Township (now City of Livonia) Wayne County, Michigan. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Warranty Deed 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; the Assessor is hereby requested to do all things necessary to have the subject property removed from tax rolls as being city owned and exempt. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #166-73 RESOLVED, that having considered a communication from the City Engineer dated February 1, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the action taken in Council resolution No. 753-71, dated August 11, 1971, which approved 13562 and confirmed Special Assessment District Roll No. 97 for the improvement of Sunset, the Council does hereby determine to revise and amend Council Resolution No. 753-71 so as to insert in Paragraphs 3, 4 and 5 the date of December 1, 1973 in lieu of December 1, 1972 as previously set forth; and the City Treasurer is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #167-73 RESOLVED, that with respect to the Plymouth Road Off Street Parking Study prepared by the City Planning Commission in connection with the Plymouth Road Beautification Plan, Phase 1, the Council does hereby determine to take this means to indicate its approval in general to the concept set forth in the aforesaid Study. By Councilman Raymond, seconded by Councilman Bennett, and unanimously Ladopted, it was #168-73 RESOLVED, that with respect to the Five Mile Road Parking Study for the area between Woodring Avenue and Shadyside Avenue prepared by the City Planning Commission in connection with the Civic Center Development Plan, the Council does hereby determine to take this means to indicate its approval in general to the concept set forth in the aforesaid Study. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, this 754th regular meeting of the Council of the City of Livonia, was duly adjourned at 9:30 P. M., February 21, 1973. ADDISON W. City Jerk.