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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-04-12 12868 L MINUTES OF THE SEVEN HUNDRED THIRTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 12, 1972, 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 8:03 P. M. Councilman McCann delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Robert E. McCann, Robert D. Bennett, and *Edward G. Milligan. Absent--None. Elected and appointed officials present: Virginia G. Handzlik, Deputy City Clerk; Jack Dodge, Budget Director; Stanley Bien, Chief Librarian; G. E. Siemert, City algineer; John Nagy, Planning Director; Robert Turner, Police Chief; Robert F. Biga, Personnel Analyst I; Robert E. Osborn, Director of Public Works; John T. LDufour, Superintendent of Parks and Recreation; Ronald Mardiros, City Assessor; Calvin Roberts, Fire Chief; Harry C. Tatigian, City Attorney; Richard Yanko, Administrative Assistant to the Mayor; H. Dow Tunis, Planning Commission; Michael Reiser, Water and Sewer Board. By Councilman McCann, seconded by Councilman Raymond, and unanimously adopted, it was #310-72 RESOLVED, that the minutes of the 732nd regular meeting of the Council of the City of Livonia, held on March 29, 1972, are hereby approved. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #311-72 RESOLVED, that the Council does hereby determine to rescind its action taken in Council Resolution No. 295-72, adopted on March 29, 1972, with respect to the Bond Reduction for the Newburgh Lake Condominium. By Councilman Bennett, seconded by Councilman McCann, it was L 12869 RESOLVED, that having considered the report and recommendation of the City Engineer dated February 29, 1972, approved by the Director of Public Tbrks and approved for submission by the Mayor, the Council does hereby amend Council Resolution No. 423-70, adopted on May 25, 1970, so as to reduce the Financial Assurances for General Improvements for the Newburgh Lake Condominium to the sum of $1,000.00 cash, to cover the cost of remaining improvements in said development, Proprietor shall deposit forth- with with the City Clerk the sum of $1,000.00 in cash; further, the Council does hereby authorize the reduction and release to the Proprietor of the development the Financial Assurance with respect to the Sidewalk Bond in the amount of $1,950.00, it appearing from the aforementioned report of the City Engineer that such improvements have been satisfactorily installed in accordance with rules and regulations and ordinances of the City of Livonia (with the exception of Ann Arbor Trail widening); and the Council does herely authorize the waiving of the sum of $189.00 for trees to be located in the Ann Arbor Trail public right-of-way, since such trees have in fact been planted by the developer in accordance with City standards; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that the foregoing resolution be amended so as to insert the words "the proprietor is requested to deposit with the City Clerk" in lieu of the words "proprietor shall deposit forthwith with the City Clerk". A roll call vote was taken on the amendment with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. A roll call vote was taken on the resolution, as amended, as follows: #312-72 RESOLVED, that having considered the report and recommendation of the City Engineer dated February 29, 1972, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Council Resolution No. 423-70, adopted on May 25, 1970, so as to reduce the Financial Assurances for General Improvements for the Newburgh Lake Condominium to the sum of $1,000.00 cash, to cover the cost of remaining improvements in said development, Proprietor is requested to deposit with the City Clerk the sum of $1,000.00 in cash; further, the Council does hereby authorize the reduction and release to the Proprietor of the develop- ment the Financial Assurance with respect to the Sidewalk Bond in the amount of $1,950.00, it appearing from the aforementioned report of the City Engineer that such improvements have been satisfactorily installed in accordance with rules and regulations and ordinances of the City of Livonia (with the exception of Ann Arbor Trail widening); and the Council does here- by authorize the waiving of the sum of $189.00 for trees to be located in the Ann Arbor Trail public right-of-way, since such trees have in fact been planted by the developer in accordance with City standards; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. with the following result: 12870 LAYES: McCann, Bennett, Brown, Ventura, Raymcnd. and Nash. NAYS: None. The President declared the resolution, as amended, adopted. The communication from the Department of Law, re: CR 1273-68, Copper Piping Antitrust Settlement, was received and filed for the information of the Council. Ordinance amending Chapter 3 of Title 8 of Livonia Code of Ordinances, as amended (Narcotic and Dangerous Drugs Ordinance) introduced by Councilman McCann March 29, 1972, is referred to meeting of April 26, 1972 for second reading. Councilman Raymond gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 25.04 Or ARTICLE XXV AND SECTION 26.04 OF ARTICLE XXVI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "ZONING ORDINANCE OF THE CITY OF LIVONIA." (Pet. 71-10-6-7) LA roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond 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 AM-RUING LADING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. (Pet. 71-9-1-59) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. LThe President declared the foregoing Ordinance duly adopted and would become effective on publication. 12871 Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE AP ENDING SECTION 14 OF THE ZONING Mr2 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: Pet. 71-10-1-63) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #313-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 14, 1971 pursuant to Council resolution No. 979-70 adopted on October 14, 1970 and in accordance with the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed installation of street lighting with underground wiring in Golfview Meadows Subdivision No. 1 and Golfview Meadows Subdivision No. 2, in the N. W. 1/4 of Section 16 and the N. E. 1/4 of Section 17, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on November 29, 1971 pursuant to Council resolution No. 980-71, after due notice as required by Title 2, Chapter 5 of said Code, as amended, and after a careful considera- tion having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing. the Council does hereby determine to proceed no further with the special assessment proceeding heretofore commenced for the proposed improvement. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #3111 72 RESOLVED, that having considered a communication from the President of the Merriman Six Civic Association dated March 14, 1972, and before determining to install street improvements on Vargo, Grove, Bobrich and Bennett in Sections 10 and 15 of the City of Livonia, west of Merriman Road, on the basis of a 214 foot wide pavement constructed of either deep strength tor asphalt or of base stabilization, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an 12872 estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended. By Councilman Ventura, seconded by Councilman Brown, it was #315-72 RESOLVED, that having considered a communication dated March 20, 1972 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mr. Leo Burton, 9620 Hubbard Road, Livonia, Michigan 48150, 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 determine to refer this matter to the Study Session of the Council to be conducted on April 17, 1972. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Ventura, Raymond and Nash. NAYS: Bennett. The President declared the resolution adopted. *Councilman Milligan arrived at 8:24 P. M. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #316-72 RESOLVED, that the Council does hereby determine to reconsider and rescind its action taken in Council Resolution No. 148-72, adopted on February 16, 1972, which denied the request of Mr. Michael Schwartz, United Homes, Inc., 25310 West Warren, Dearborn Heights, Michigan 48127, for a lot split of Tax Item 03a30. By Councilman Ventura, seconded by Councilman Bennett, it was #317-72 RESOLVED, that having considered a communication dated February 2, 1972 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mr. Michael Schwartz, United Homes, Inc., 25310 West Warren, Dearborn Heights, Michigan 48127, as well as a communication dated March 13, 1972 from Daniel A. Burress, Attorney, 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 or partition of Tax Item 03a30 would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing of same into four parcels, the legal descriptions of which shall read as follows: 12873 Parcel A The West 135 ft. of Lot 30, Folker's Farmington Acres - Being a Sub'n of part of the N. W. 1/4 of Section 3, T. 1 S., R. 9 E., Livonia Twp. (Now City of Livonia), Wayne Co., Michigan. Liber 61 Page 90 W.C.R. Parcel B The East 100 ft. of the West 235 ft. of Lot 30, Folker's Farmington Acres - Being a Sub'n of the N. W. 1/4 of Section 3, T. 1 S., R. 9 E., Livonia Twp. (Now City of Livonia), Wayne Co., Michigan. Liber 61 Page 90 W.C.R. Parcel C The East 100 ft. of the West 335 ft. of Lot 30, Folker's Farmington Acres - Being a Sub'n of the N.W. 1/4 of Section 3, T. 1 S., R. 9 E., Livonia Twp. (Now City of Livonia), Wayne Co., Michigan. Liber 61 Page 90 W.C.R. Parcel D Lot; 30-- except the West 335 ft., Folker's Farmington Acres - Being a Sub'n of the N. W. 1/4 of Section 3, T. 1 S., R. 9 E., Livonia Twp. (Now City of Livonia), Wayne Co., Michigan. Liber 61 Page 90 W.C.R. 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: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #318-72 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 24, 1972, approved for submission by the Mayor, which transmits its resolution No. WS 1595 3/72 and which submits a proposed amendment to Section 5-403 of the Code of Ordinances, the Council does hereby refer the same to the Department of Law for the purpose of drafting this proposal in proper Crdinance form. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #319-72 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety - Police dated March 16, 1972, approved for submission by the Mayor and which submits a proposed amendment to Title 6 of Chapter 1 (Traffic Ordinance) of the Livonia Code of Ordinances relating to friction type motors on bicycles, the Council does hereby refer 12874 the same to the Legislative Committee for its report and recommendation. By Councilman Bennett, seconded by Councilman Eilligan, it was #320-72 RESOLVED, that having considered a communication from the Mayor dated March 14, 1972, and which submits a proposed amendment to Title 5, Chapter 3 of the Livonia Code of Ordinances (Trees, Shrubs and Plants), the Council does hereby determine to refer this matter to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: McCann. The President declared the resolution adopted. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 6 KNOWN AND CITED AS THE "TRAFFIC ORDINANCE" OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING THE TITLE OF SECTION 6-114 AND BY ADDING SECTION 6-114(e) THERETO. By Councilman Raymond, seconded by Councilman Ventura, it was #321-72 RESOLVED, that having considered a communication from the Mayor dated February 24, 1972, which submits a proposed amendment to Chapter 1 of Title 6 of the Livonia Code of Ordinances (Traffic Ordinance), and the same having been given its first reading by Councilman Ventura on April 12, 1972, the Council does hereby determine to refer this matter to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Ventura, Raymond, and Milligan. NAYS: Bennett and Nash. By Councilman Milligan, seconded by Councilman Brown, and unanimously adopted, it was #322-72 RESOLVED, that having considered a communication dated March 24, 1972 from the City Planning Commission, which transmits its resolution No. 3-81-72 adopted by the Commission on P'..rch 7, 1972 with regard to Petition No. 72-2-2-2 submitted by George R. Klein requesting permission to construct and operate a restaurant as a waiver use on property zoned C-2 located on the south side of Grand River at the intersection of Eight Mile Road and Grand River in the Northeast 1/4 of Section 1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition Ao. 72-2-2-2 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. 12877 BE IT FURTHER RESOLVED THAT THIS RESOLUTION be presented to Henry V. Herrick, Wayne County Drain Commissioner for his action and consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #324-72 RESOLVED, that having considered a communication from the City Planning Commission dated March 14, 1972, with regard to the vacating and abandoning of the existing Blue Drain as well as an overhead public utility easement in the area of Lots 148 through 160 and Lots 189 through 197, Lyndon Meadows Subdivision, the Council takes this means to advise the Lyndon Meadows Civic Association that the estimated cost for moving the aforesaid existing poles is $12,000.00 and that a new six-foot wide easement to be located at the rear of the subject properties would be required before consideration could be given to vacating the existing platted easement. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #325-72 RESOLVED, that having considered a communication from the Personnel Director dated March 14, 1972, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted on March 7, 1972 by the Civil Service Commission wherein a request is made for the trans- fer of funds within the accounts of the Civil Service Commission to augment training of additional personnel analyst, the Council does hereby authorize the transfer of $300.00 from the accounts indicated below in the manner indicated for this purpose: From: Account No. 236-825 - Interview Board $ 00 Account No. 236-905 - Publishing 200 00 To: Account No. 220-960 - Training. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The following resolution was unanimously introduced, supported and adopted: #326-72 RESOLVED, that having considered a communication from the Water and Sewer Board dated March 21, 1972, approved for submission by the Mayor, 12875 By Councilman Ventura, seconded by Councilman Brown, it was #323-72 RESOLVED WHEREAS, Act 40, Chapter 17, Section 391, of the Public Acts of the State of Michigan of 1956, as amended, provides the method and manner that Wayne County Drain Commissioner, Henry V. Herrick, may vacate a drain under his jurisdiction and control, wherein such drain is no longer necessary and has ceased to be of public utility, and WHEREAS, it has been determined that there is presently a deficit of $ 00 in that part of the drainage district that is located in the City of Livonia, which this Council assumes and agrees to pay to the office of the Wayne County Drain Commissioner upon the termination of these proceedings, and WHEREAS, this resolution is necessary and in compliance of Chapter 17, Section 391, of Act 40 of the Public Acts of the State of Michigan of 1956, as amended, and in the best interest of the public health, safety and welfare of the citizens of the City of Livonia, NOW, THEREFORE, BE IT RESOLVED that the City of Livonia hereby petitions Henry V. Herrick, Wayne County Drain Commissioner, to vacate the following: All of that part of the open Blue (County) Drain as established in the South 1/2 of Sections 22 and 23, City of Livonia, and being more particularly described as follows: 1. That part of the Blue (County) Drain easement as established through Lyndon Meadows Subdivision #2, as recorded in Liber 84, Pages 82 and 83, Wayne County Records, being more particularly described as follows: Lot 189 - Vacate entire easement as established. Lot 190 - Vacate entire easement as established. Lots 191 through 195 - Vacate the W. 20 ft. of the easement as established. Lot 196 - Vacate the W. 20 ft. of the 40 ft. ease- ment as established. Also, vacate the N. 25 ft. of the S. 35 ft. easement as established. Lot 197 - Vacate the S. 25 ft. of the North 35 feet of the easement. Lots 146 & 147 - Vacate entire easement subject to retaining the a. 6 ft. of said lots as a private easement for public utilities. Outlot A - Vacate entire easement subject to retaining the N. 6 feet and the W. 6 feet of said Outlot A as a private easement for public storm drainage purposes. Lots 148 through 159 - Vacate the N. 20 ft. of the easement as established. Lot 160 - Vacate entire easement as established. and 12876 2. All of the Blue (County) Drain easement as established through Outlot "A", Lyndon Estates Subdivision, as re- corded in Liber 85, Page 44, Wayne County Records. and 3. The Northerly 6 feet and the Southerly 6 feet of the Blue (County) Drain as established through Lot 6, Lyndon Meadows, as recorded in Liber 81, Pages 96 & 97, Wayne County Records. and 4. All of the open Blue (County) Drain as established lying between the West property line of Lot 6, Lyndon Meadows as recorded in Liber 81, Pages 96 & 97, Wayne County Records and the N. & S. 1/4 line of Section 23, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 23alb, 231s1a, IClbla) and 5. All of the Blue (County) Drain as established through the following described parcel of land described as that part of the S. N. 1/4 of Section 23 described as beginning at the N. E. corner of Lot 263 Bai-Lynn Park No. 7, as re- corded in Liber 85, Page 52, and proceeding thence due west, 113.60 ft.; thence due north along the east line of Sunset Avenue; 80.00 ft.; thence N. 88° 19' E, 113.52 ft.; thence S. 0° 03' 40" E, 83.33 ft. to the point of begin- ning. (Bureau of Taxation Parcel 231-1la) and 6. All of the Blue (County) Drain established through Lots 145 and 146, Bai-Lynn Park No. 4, as recorded in Liber 84, Page 59, Wayne County Records. and 7. All Blue (County) Drain easements as established through Lots 70 through 77, Merri-Lynn Farms No. 2, as recorded in Liber 82, Pages 89 and 90, Wayne County Records. and 8. All of the open Blue (County) Drain as established lying between the north line of Schoolcraft Road (204 feet wide) and the South line of Meri-Lynn Imo Farms No. 2 (Liber 82, Pages 89 and 90, Wayne County Records) , part of the S. E. 1/4 of Section 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. since that drain is no longer necessary and has ceased to be of public utility and, 12878 which transmits its resolution No. WS 1537 2/72 as well as a communication dated March 15, 1972 from the Bureau of Inspection, the Director of Public Works and approved for submission by the Mayor, with regard to the contribu- tion by the 1Pbstern Wayne County Master Plumbers Association in refurbishing the plumbing and appurtenances thereto of a needy family in their residence in the City of Livonia, the Council does hereby determine in accordance with Section 5-511 (b) that the circumstances involved in this case are "special or unique" and, accordingly, does hereby waive payment of sewer connection fees which would otherwise be required by Ordinance; and the Department of Public Works is hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. By Councilman Brown, seconded by Councilman Ventura, it was #327-72 RESOLVED, that having considered a communication from the Planning Director dated March 16, 1972 concerning Ordinance No. 932, the Council does hereby request that the City Clerk publish a corrected map as furnished by the Planning Department in order to more correctly show the area in the proposed change approved by the City Council in its resolution no. 923-71. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None, By Councilman Brown, seconded by Councilman Milligan, it was #328-72 RESOLVED, that having considered a communication from the City Planning Commission dated March 7, 1972, which transmits its resolution No. 2-67-72 adopted by the Commission on February 22, 1972 with regard to Petition No. 72-2-8-1 submitted by James L. Cole, 19046 Middlebelt Road, Livonia, Michigan 48152, requesting use and site plan approval for a television repair facility to be located in an existing building situated on the east side of Middlebelt Road, south of Seven Mile Road, in the Northwest 1/4 of Section 12, the Council does hereby pursuant to provisions set forth in Section 18.56 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 72-2-8-1 is hereby approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #329-72 RESOLVED, that having considered a communication from Mrs. Sophie Lewis, received by the City Clerk on March 17, 1972, with regard to the need for adequate storm drainage on Danzig between Joy Road and Grandon, the Council does hereby refer the same to the office of the Wayne County Drain 12879 Commission with a request that everything possible be done in order to expedite the construction of Livonia Drain No. 1 branches in order to alleviate the situation referred to in the aforesaid communication. By Councilman Milligan, seconded by Councilman Ventura, it was RESOLVED, that Curtis Building Company, 25950 Five Mile, Detroit, Michigan 48239, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Nottingham Woods West Subdivision No, 2, located in the South 1/2 of Sections 8 and 9, City of Livonia, the said proposed preliminary plat being dated August 24, 1971; 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 August 24, 1971; 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 March 16, 1972; therefore, the City Council does hereby approve of the said prelim- inary plat on the following conditions: (1) A11 of the improvem3nts, 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 Tit]e 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 department 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 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 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 Payments be made to the City: Trees $3,500.00 Traffic Control Signs 210.00 Street Name Signs 675.00 Monuments & Markers (cash escrow) 3,995.00 Parksite Improvement (cash escrow) 4,800.00 Plan review, field inspection and administration (5% before contingencies) (Engineering Fee) 21,752.10 12880 (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 chec7c, cash bond, irrevocable letter of credit, or other financial assurance in such form as shall be approved by the Department of Law guaranteeing the satisfac- tory 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 fol- lowing amounts: General Improvement Bond (No cash required) $45o,000.00 Sidewalk Bond 28,500.00 (No cash required) (9) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the subdivision, in accordance with City ordinances. (10) That the requirement that street improvements be constructed of concrete is waived, and in lieu thereof, the developer is specifically authorized to construct such improvements by the use of deep strength asphalt with concrete curbs and gutters; and further, that the requirement for width of streets other than Wayne Road be waived from 31 feet to 28 feet and, that as an additional improvement the developer shall be, with respect to Wayne Road, required to improve and construct the same with a width of 37 feet. By Councilman Brown, seconded by Councilman McCann, it was RESOLVED, that the foregoing resolution be amended, so as to provide that the improvement and widening of Wayne Road be on the basis of a width of 34 feet, and all other streets on the basis of a width of 31 feet. A roll call vote was taken on the amendment with the following result: AYES: McCann, Bennett, Brown, Raymond and Nash. NAYS: Ventura and Milligan. 12881 By Councilman Brown, seconded by Councilman Bennett, it was RESOLVED, that the foregoing resolution be amended, so as to require as an additional improvement, the construction by the developer of a sidewalk on the east side of Wayne Road between Lots 2 and 3 of the proposed subdivision. A roll call vote was taken on the foregoing amendment with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: Milligan. A roll call vote was taken on the original resolution, as amended, as follows: #330-72 RESOLVED, that Curtis Building Company, 25950 Five Mile, Detroit, Michigan 48239, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Nottingham Woods West Subdivision No. 2, located in the South 1/2 of Sections 8 and 9, City of Livonia, the said proposed preliminary plat being dated August 24, 1971; 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 August 24, 1971; and it further appearing that such prelim- inary plat, together with development plans and specifications for improve- ments therein have been examined and approved by the Department of Public lit Works as is set forth in the report of that department dated March 16, 1972; 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 regula- tions and specifications of the Department of Public Works and the Develop- ment Plans submitted by the proprietor and approved by such department; 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 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 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; 12882 L (5) That the following Cash Payments be made to the City: Trees $3,500.00 Traffic Control Signs 210.00 Street Name Signs 675.00 Monuments & Markers (cash escrow) 3,995.00 4rks1;te.4pr?veTant (cash. escrow) crog) 4800.00 . review TEL1Unikrt V1 t5rbee mtfngeAIngneellie i,752.10 (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 Sub- division 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 L bond, irrevocable letter of credit, or other financial assurance in such form as shall be approved by the Department of Law guaranteeing the satisfac- tory 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 $450,000.00 (No cash required) Sidewalk Bond 28,500.00 (No cash required) (9) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the subdivision, in accordance with City ordinances. (10) That the requirement the street improvements be constructed of concrete is waived, and in lieu thereof, the developer is specifically authorized to construct such improvements by the use of deep strength asphalt with concrete curbs and gutters; further, that the width of streets other than Wayne Road shall be 31 feet and that the width of Wayne Road shall be 34 feet; and that the developer be required to construct, as an additional improvement, a sidewalk located on the east side of Wayne Road between Lots L2 and 3 of the proposed subdivision. with the following result: 12883 AYES: McCann, Brown, Ventura, Raymond, Milligan and Nash. NAYS: Bennett. The President declared the resolution as amended, adopted. By Councilman Brown, seconded by Councilman Bennett, it was #331-72 RESOLVED, that having considered a communication from the City Planning Commission dated March 7, 1972, approved as to funds by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of Barton-Asohman Assoc., Inc. for the estimated cost of $7,000.00 in order to provide a comprehensive City-wide traffic study on the basis of the terms and conditions set forth in the aforesaid communica- tion since the same is one of the two lowest bids received for this item and for the reasons enumerated in the Planning Commission's recommendation; and 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 resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #332-72 RESOLVED, that the Council does hereby determine to remove from the table the proposed special assessment districts for the installation of street paving on the following items: a. Paving on Mayfield (Six Mile to Curtis), Fairfield (Six Mile to Curtis), Bennett (Loveland to Hubbard), and Curtis (Loveland to Hubbard) previously tabled in Council resolution No. 801-70. b. Paving on Bennett, Bobrich, Vargo, Grove and Curtis Avenues west of Merriman Road (deleting Curtis however) previously tabled in Council resolution No. 802-70. c. Paving on St. Francis from Long to Grand River and Antago from Long to Grand River previously tabled in Council resolution No. 803-70. d. Paving on Fairlane Road from Five Mile Road to Lyndon previously tabled in Council resolution No. 804-70. e. Paving on Purlingbrook Avenue north of Seven Mile Road (Patrick McNamara Towers) previously tabled in Council resolution No. 872-70. 12884 f. Paving on St. Martins from Purlingbrook, east for a distance of approximately 1300 feet previously tabled in Council resolution No. 916-70. g. Paving on Sunnydale Avenue (Middlebelt to Alexander) Broadmoor Avenue (Middlebelt to Harrison) and Alexander Avenue (Sunnydale to Broadmoor) previously tabled in Council resolution No. 759-70. h. Paving on Hubbard Road between Eight Mile Road to Bretton previously tabled in Council resolution No. 777-70. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #333-72 RESOLVED, that before determining to install street paving improve- ments on the following streets in the City of Livonia: 1. Mayfield (Six Mile to Curtis), Fairfield (Six Mile to Curtis), Bennett (Loveland to Hubbard), and Curtis (Loveland to Hubbard); 2. Bennett, Bobrich, Vargo and Grove - West of Merriman Road; 3. St. Francis from Long to Grand River and Antago from Long to Grand River; 4. Fairlane Road from Five Nile Road to Lyndon; 5. Purlingbrook Avenue north of Seven Mile Road (Patrick McNamara Towers); 6. St. Martins from Purlingbrook, east for a distance of approximately 1300 feet; 7, Sunnydale Avenue (Aiddlebelt to Alexander), Broadmoor (Middlebelt to Harrison) and Alexander Avenue (Sunnydale to Broadmoor); and 8. Hubbard Road between Eight Mile Road to Bretton, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be 12885 included in the proposed special assessment district, pursuant to the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended. By Councilman Ventura, seconded by Councilman Brown, it was unanimously adopted, #334-72 RESOLVED, that having considered a communication from the City Treasurer dated March 31, 1972, regarding the replacement of sidewalks in the City of Livonia on the following parcels in the following amounts: ITEM NO. AMOUNT 01k53 $ 258.54 01Z30a 258.54 OlA3la 258.54 01Z76a 265.18 01Z79a 258.54 01Z80a 258.54 01BBla 258.54 01BB2a 258.57 01BB3a 258.57 01BB5a1 133.54 01CC1 490.63 11A1c2b1 73.26 13DF4b1, 5a1, 6ala 276.76 23h236 632.02 Total $3,939.77 which work was done pursuant to Council resolution No. 794-71 and in accordance with the provisions of Section 5-137 of the Livonia Code of Ordinances, Title 5, Chapter 1, and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby pursuant to the provisions of Section 2-515 of the Livonia Code of Ordinances, Title 5, Chapter 2, adopt this resolution wherein a special assessment is placed upon such property for said charges; the Council does further request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assess- ment roll of the City, and where payments herein authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable there- with on the next general tax roll; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Raymond, it was #335-72 RESOLVED, that having considered the report and recommendation dated February 9, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, concerning sidewalk installa- tion at the following locations. 12886 Location 1: East side of Middlebelt Road - north of 7 Mile Road (Post Office) Bureau of Taxation Parcel No. 01f419bl Sidewalk needed: Approximately 100 l.f. Location 2: East side of Middlebelt Road - south of 7 Mile Road Bureau of Taxation Parcel No. 12B39a,140a Sidewalk needed: Approximately 140 1.f. Location 3: North side of 5 Mile Road - East of Newburgh Road (1) Bureau of Taxation Parcel No. 17e1 Sidewalk needed: Approximately 81 1.f. (2) Bureau of Taxation Parcel No. 17e2 Sidewalk needed: Approximately 67 1.f. (3) Bureau of Taxation Parcel No. 17e3 Sidewalk needed: Approximately 67 1.f. (4) Bureau of Taxation Parcel No. 17e4, 5a Sidewalk needed: Approximately 83 l.f. Location 4: West side of Newburgh Road - North of 5 Mile Road (1) Bureau of Taxation Parcel No. 18N3b2a2 Sidewalk needed: Approximately 25 1.f. (Remove and replace) (2) Bureau of Taxation Parcel No. 18M3b2a1 Sidewalk needed: Approximately 45 1.f. (Remove and replace) Location 5: South side of 5 dile Road - West of Newburgh Road (1) Bureau of Taxation Parcel No. 19e553 Sidewalk needed: Approximately 100 1.f. (2) Bureau of Taxation Parcel No. 19D1, El, C2b1 Sidewalk needed: Approximately 660 1.f. (3) Bureau of Taxation Parcel No. 19C2a2 Sidewalk needed: Approximately 100 1.f. ()a.) Bureau of Taxation Parcel No. 19C2ala Sidewalk needed: Approximately 110 1.f. (5) Bureau of Taxation Parcel No. 19c253 Sidewalk needed: Approximately 130 l.f. 12887 (6) Bureau of Taxation Parcel No. 19A2albla Sidewalk needed: Approximately 810 1.f. (5 Mile Road) (7) Bureau of Taxation Parcel No. 19Ala Sidewalk needed: Approximately 170 1.f. Location 6: West side of Merriman Road - north of Schoolc raft Bureau of Taxation Parcel No. 22j66 Sidewalk needed: Approximately 110 l.f. Location 7: East side of Middlebelt - south of 5 Mile Road (1) Bureau of Taxation Parcel Nos. 24b1 through 8a inclusive Sidewalk needed: Approximately 150 l.f. (2) Bureau of Taxation Parcel No. 24X2a Sidewalk needed: Approximately 340 l.f. Location 9: 9601 Deering Bureau of Taxation Parcel No. 36e451 Sidewalk needed: Approximately 15 l.f. (Remove and replace), 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 Livonia 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 on or before June 1, 1972. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #336-72 RESOLVED, that having considered a communication from the City Engineer dated February 9, 1972, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the installation of 450 lineal feet of sidewalk on the east side of Farmington Road, south of Plymouth Road, Bureau of Taxation Parcel 34Flala, a2a2a, a City-owned park- site, the Council does hereby authorize the expenditure of the sum of $1,500.00 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: 12888 AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #337-72 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 108 more particularly described in Council resolution No. 878-71, adopted on September 22, 1971, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Tiffany Park Subdivision No. 5 in said Special Assessment District No. 108. NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornamental poles and underground wiring and that the assessments set forth in said Special Assessment District No. 108 Roll are fair and equitable and based upon bene- fits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No. 108 based on installation of ornamental poles and underground wiring is hereby approved and confirmed in all respects pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby au- thorized 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: McCann, Brown, Ventura, Raymond, Milligan and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #338-72 WHEREAS, pursuant to the direction of the City Council in its resolution No. 13L-72 adopted on February 16, 1972, and in accordance with Section 2-511 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of April 10, 1972 an assessment roll dated April. 6, 1972 covering the proposed road improvement in Livonia Gardens Subdivision in the N.E. 1/Li of Section 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore es- tablished for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 131 -72; 12889 THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, May 22, 1972 at 8:00 P.M. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of May 22, 1972; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and (Wary property owner in the proposed assessment district as their respective names and addresses appear on the most current assess- ment roll in the City Assessor's office. By Councilman Bennett, seconded by Councilman Brown, it was #339-72 RESOLVED, that having considered a communication dated January 10, 1972 from the City Planning Commission which sets forth its resolution No. 12-322-71 with regard to Petition No. 71-10-1-67 submitted by Ager Building Company, 20715 Northome, Southfield, Michigan 48075, for a change of zoning on property located south of Seven Mile road between Wayne and Levan Roads in the Northeast 1/4 of Section 8, from R-4 to R-3, and the Council having conducted a public hearing with regard to this matter on March 27, 1972, pursuant to Council resolution No. 170-72, the Council does hereby concur in part with the recommendation of the Planning Commission and the said Petition No. 71-10-1-67 is hereby approved and granted in its entirety as submitted 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 furnioh 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: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 11.03 OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Pet. 71-6-6-5) 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. 12890 The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #3440-72 RESOLVED, that having considered a communication dated March 24, 1972 from the City Planning Commission which transmits its resolution No. 3-82-72 with regard to Petition No. 72-2-3-1 submitted by the City Planning Commission on its own motion for vacating that portion of Shadyside lying south of Five Mile Road in the Northwest 1/2 of Section 22, City of Livonia, Wayne County, Michigan, the Council does hereby grant the said petition and petition No. 72-2-3-1 is hereby approved; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adorted, it was #341-72 RESOLVED, that having considered a communication dated February 293 1972 from the City Planning Commission which transmits its resolution No, 2-46-72 with regard to Petition No. 71-10-3-8 submitted by Mr. and Mrs. L. C. Jessup, 9750 Knolson Avenue,, Livonia, Michigan 48150, for vacating a six- foot easement located on the north property line of Lot 31g108 on the east side of Knolson Avenue between Orangelawn and Richland in the Northwest 1/4 of Section 31, City of Livonia, Wayne County, Michigan, the Council does hereby grant the said petition and petition number 71-10-3-8 is hereby approved; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #342-72 RESOLVED, that having considered a communication from the City Planning Commission dated March 7, 1972 which transmits its resolution No. 2-62-72 wherein the Commission did amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to incorporate property located north of Seven Mile Road between Wayne Road and Fitzgerald in the Fast 1/2 of Section 5, the Council does hereby acknowledge the receipt of same. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #343-72 RESOLVED, that having considered a communication from the City Planning Commission dated March 7, 1972 which transmits its resolution No. 2-61-72 wherein the Commission did amend Part I of the Master Plan of the City of Livonia, the Master Thoroughfare Plan, so as to establish that por- tion of Six Mile Road, east of Newburgh Road, to a distance east fronting the Newburgh Shopping Center as a 180 foot right-of-way, the Council does hereby determine to acknowledge the receipt of same. 12891 Councilman McCann gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 5 (PARKS AND PLAYGROUNDS) OF THE LIVONIA CODE OF ORDINANCES, AS AFENDED, BY ADDING PARAGRAPH (t) TO SECTION 5-901 THERETO. 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 Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 5 (PARKS AND PLAYGROUNDS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING PARAGRAPHS (u) THROUGH (kk) TO SECTION 5-901 THERETO, _____ The . oregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the oice of the City Clerk and is the same as if word for word repeated herein. Tho above Ordinance was placed on the table for consideration at the next regular maottng of the Council. By Councilman Raymond, seconded by Councilman Milligan, it was #344-72 RESOLVED, that having considered a communication dated March 27, 1972 from the Department of Law, submitting for acceptance four Quit Claim Deeds wherein certain rights-of-way are dedicated to the City of Livonia for the improvement of Wayne Road, which deeds are more particularly described as follows: 1. Quit Claim Deed dated December 12, 1971, executed by Clara Hendrzak, a single woman, and John L. Hence, a single man, conveying: The west 43 feet of that part of the S. W. 1/4 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the W. line of said Section distant due South, 373.0 ft. from the W. 1/4 corner of Section 9, and proceeding thence due South along said W. line, 165.0 ft.; thence S. 89° 481 10" E, 782.0 ft.; thence W. 2° 25' 50" E, 165.13 ft.; thence N. 89° 481 10" W, 789.0 ft. to the point of beginning. (Wayne Road) (Bureau of Taxation Parcel 09D12c) 12892 2. Quit Claim reed dated December 15, 1971 executed by Marvin W. Kalina and Ruth Ann Kalina, his wife, conveying: The west 43 feet of that part of the S. W. 1/4 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the W. line of said section distant due South, 538.0 ft. from the W. 1/4 corner of Section 9, and proceeding thence due South along said W. line, 165.0 ft.; thence S. 89° 48' 10" E, 861.0 ft.; thence N. 25° 50' 32" W, 183.19 ft.; thence N. 89° 48' 10" W, 782.0 ft. to the point of beginning. (Wayne Road) (Bureau of Taxation Parcel 09D12d) 3. Quit Claim Deed dated December 15, 1971 executed by Norval E. Spencer and Shirley A. Spencer, his wife, conveying: The west 43 feet of that part of the S. W. 1/4 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the W. line of said section distant due south, 703.0 ft. from the W. 1/4 corner of Section 9, and proceeding thence due south along said W. line, 165.0 ft.; thence S. 89° 48' 10" E, 909.0 ft.; thence N. 10° 17' 20" W, 171.99 ft.; thence N. 89° 48' 10" W, 861.0 ft. to the point of beginning. (Wayne Road) (Bureau of Taxation Parcel 09D12e) 4. Quit Claim Deed dated December 12, 1971 executed by John J. Varga and Sophia C. Varga, his wife, conveying: the west 43 feet of that part of the S. W. 1/4 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the W. line of said section distant due south, 208.0 ft. from the W. 1/4 corner of Section 9 and proceeding thence due south along said W. line, 165.0 ft.; thence S. 89° 48' 10" E, 789.00 ft.; thence N. 7° 15' 20" E, 166.25 ft.; thence N. 89° 48' 10" W, 810.0 ft. to the point of beginning. (Wayne Road) (Bureau of Taxation Parcel 09D12b) the Council does herein for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deeds 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. roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. 12893 By Councilman Raymond, seconded by Councilman Milligan, it was #34.5-72 RESOLVED, that having considered a communication dated March 29, 1972 from the Department of Law, submitting for acceptance a Grant of Easement dated March 22, 1972, executed by Kathleen L. Kegler, conveying an easement to the City in order to accommodate the installation of an ex- tension of a public storm sewer system to service the Parkway Apartment site, which easement is more particularly described as: The north 18 feet of the west 65 feet of Lot 728, Supervisor's Livonia Plat No. 11, as recorded in Liber 66, Page 64, Wayne County Records, said plat being a part of the S. E. 1/4 of Section 32, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 32b728) the Council does herein 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 fcregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #346-72 RESOLVED, that having considered the report and recommendation dated March 16, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Item No. 3 of Council Resolution No. 497-65 adopted on May 19, 1965, and subsequently amended by Council Resolution No. 868-68, so as to further reduce the Financial Assurances now on deposit with the City for general improvements in Stark Gardens Subdivision to $2,000.00 cash to cover the cost of remaining improvements in said subdivision, and the Financial Assurances now on deposit with the City, if any, shall be reduced accordingly further, the Financial Assurance now on deposit with the City for Sidewalk Improvements shall be reduced to $15,000.00 of which at least $2,500.00 shall be in cash; and the City Clerk and City Treasurer are hereby au- thorized to do all things necessary or incidental to the full performance of this resolution. roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #347-72 RESOLVED, that having considered the report and recommendation dated March 23, 1972 from the City Engineer, approved by the Director of 12894 Public Works and approved for submission by the Mayor, the Council does hereby amend Item No. 8 of Council Resolution No. 1325-68, adopted on November 27, 1968, and subsequently amended by Council Resolution Nos. 592-69, 820-69, 879-69, 1123-69 and 967-70, so as to further reduce the Sidewalk Bond in Gold Manor Subdivision No. 3 to $11,000.00 of which $2,500.00 shall be in cash, and the Financial Assurances now on deposit with the City, if any, shall be reduced accordingly; further, the Financial Assurance now on deposit with the City for General Improvements shall remain the same at $5,000.00 cash; 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: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that having considered a communication from the City Planning Commission dated April 6, 1972 which transmits its resolution No. 4-101-72 adopted by the Commission on April 4, 1972 with regard to Petition No. 72-3-8-5 submitted by R. Scheibenreif, Sears, Roebuck and Company, Construction Department, 824M114 7447 Skokie Boulevard, Skokie, Illinois 60076, requesting use and site plan approval for a second floor storage addition to the Sears, Roebuck and Company Department store and an enclosed outdoor sales and service area located within the Livonia Mall in the Southeast 1/4 of Section 2, the Council does hereby, pursuant to provisions set forth in Section 18.56 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 72-3-8-5 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission. By Councilman Bennett, seconded by Councilman Raymond, it was RESOLVED, that the foregoing approval be amended so as to contain the additional condition for such approval that the petitioner remove and discontinue all outdoor displays and storage of merchandise. A roll call vote was taken on the amendment with the following result: AYES: Bennett and Nash. NAYS: McCann, Brown, Ventura, Raymond and Milligan. The President declared the amendment DENIED. By Councilman Raymond, seconded by Councilman Bennett, it was RESOLVED, that the foregoing approval be amended so as to contain the additional condition for such approval that the petitioner remove and discontinue all outside storage of merchandise. 12895 L= 11 roll call vote was taken on the amendment with the following result: AYES: McCann, Bennett, Raymond and Nash. NAYS: *Brown, Ventura and Milligan. The President declared the amendment adopted. *Councilman Brown made the following statement: ily 'no' vote is cast because I fool that there is an obvious need for outside storage at some time of the year. A roll call vote was taken on the original resolution, as amended, as follows: #348-72 RESOLVED, that having considered a communication from the City Planning Commission dated April 6, 1972 which transmits its resolution No. 4-101-72 adopted by the Commission on April 4, 1972 with regard to Petition No. 72-3-8-5 submitted by R. Scheibenreif, Sears, Roebuck and Company, Construction Department, 824MW, 7447 Skokie Boulevard, Skokie, Tllinois 60076 requesting use and site plan approval for a second floor storage addition to the Sears, Roebuck and Company Department Store and an enclosed outdoor sales and service area located within the Livonia Mall in the Southeast 1/4 of L Section 2, the Council does hereby, pursuant to provisions set forth in Section 18.56 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 72-3-8-5 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission; and further, the additional condition that the petitioner shall discontinue and remove all outside storage of merchandise from the premises. with the following result: AYES: McCann, Bennett, Brown., Ventura, Raymond, Milligan and Nash. NAYS: None. The President declared the resolution, as amended, adopted. At 10:10 P.M. a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Bennett, seconded by Councilman Ventura, it was #349-72 NHEREAS, the City of Livonia, County of Wayne, Michigan, has entered into a certain contract with the County of Wayne, Michigan, acting L by and through its Board of Commissioners, and in accordance with the authority provided in Act 342, Public Acts of Michigan, 1939, as amended, dated as of November 4, 1971, pursuant to resolution adopted by the City Council on August 25, 1971, which contract provides for the acquisition and construction of certain sanitary and storm sewer improvements more partic- ularly described in said contract, and which contract requires the City of Livonia to make certain payments to the County commencing in 1973; and 12898 the City, the Trustee and Allied Supermarkets, Inc., against any loss that may be occasioned to any or all of them from the payment of said interest coupons. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Raymond, seconded by- Councilman Milligan, it was #351-72 RESOLVED, that having considered a communication from the Mayor dated February 8, 1972, which transmits an invoice from the Southeast Michigan Council of Gcvernments (SEMCOG) which was received on February 3, 1972 with regard to membership dues for the City of Livonia in SEMCOG for the year 1972, the Council does hereby authorize the expenditure of the sum of $4,356.00 from the Unexpended Fund Balance Account for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution; further, the Council does hereby authorize the transfer of the sum of $396.00 from the Unexpended Fund Balance Account to Account No. 279-958 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, and unanimously acopted, it was #352-72 RESOLVED, that having considered a communication from the Mayor) dated April 12, 1972, with respect to the designation of delegates to the Southeast Michigan Council of Governments) the Council does hereby rescind CR-396-70, which resolution designated Edward H. McNamara, Mayor, as the City's delegate to SEMCOG and Jerry Raymond, Councilman, as the City's alternate delegate. By Councilman Ventura, seconded by Councilman McCann, and unanimously aaopted, it was #353-72 RESOLVED, that having considered a communication from the Mayor, dated April 12, 1972, with respect to the designation of delegates to the Southeast Michigan Council of Governments, the Council does hereby designate Jerry Raymond, Councilman, as the City's delegate to SEMCOG and Edward G. Milligan, Councilman, as the City's alternate delegate. 12897 destroyed; provided that, in the case of any mutilated Bond, such mutilated Bond together with all coupons (if any) appertaining thereto shall first be surrendered to the City, and in the case of any lost, stolen or destroyed Bond, there shall he first furnished to the City and the Trustee evidence of such loss, theft or destruction satisfactory to the City and the Trustee, together with indemnity satisfactory to them. In the event any such Bond or doupon shall have matured, instead of issuing a duplicate Bond or coupon the City may pay the same without surrender thereof. The City and the Trustee may charge the holder or owner of such Bond with their reasonable fees and expenses in this connection. The foregoing provisions shall be exclusive, notwithstanding any law or statute existing or hereinafter enacted to the contrary." ; and WHEREAS, the City Clerk has been advised that the United States National Bank, Omaha, Nebraska, did mail the interest coupons on the above bond issue due October 1, 1969 for Bonds Nos. 1304 to 1323, inclusive, each of said coupons being in the amount of One Hundred Forty-Six and 25/100 ($1)46.25) Dollars and the aggregate of said coupons being in the amount of Two Thousand Nine Hundred Ttenty-Five and 00/100 ($2,925.00) Dollars to the Bank of New York, New York, New York, and which coupons have never arrived at the Franklin National Bank, the Paying Agent, and are lost; and WHEREAS, the City is authorized to make payment for said lost interest coupons under Section 209 of the mortgage and indenture of trust; and WHEREAS, subject to the provisions of this resolution the City Council deems it advisable and necessary to make provisions for the payment of said coupons as authorized by the aforesaid mortgage and indenture of trust; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Clerk is hereby authorized and directed for and on behalf of the City of Livonia to make the necessary arrangements with Franklin National Bank, New York, New York, for the payment of and to pay said interest coupons without the surrender thereof and without issuing duplicate interest coupons to the United States National Bank, Omaha) Nebraska, said payment to be made only, however, from funds in the Bond Fund established pursuant to the aforesaid mortgage and indenture of trust and subject to Paragraph 2 of this resolution. 2. The said interest coupons shall not be paid as required by Paragraph 1 of this resolution unless and until (a) the United States National Bank, Omaha, Nebraska, provides evidence of ownership of said coupons and evidence of loss of said coupons satisfactory to the City Clerk, the City Attorney, Miller, Canfield, Paddock and Stone, counsel for Allied Supermarkets, Inc.) and the trustee, Franklin National Bank, and (b) United States National Bank, Omaha, Nebraska, provides a lost security bond or other indemnity satisfactory in form, amount and substance to the City Clerk, the City Attorney, Miller, Canfield, Paddock and Stone, counsel for Allied Supermarkets, Inc., and the trustee, Franklin National Bank, to fully protect 12896 L. WHEREAS, Section 5a of Act 3142, Public Acts of Michigan, 1939, as amended, provides certain methods to the City for raising moneys to make the payments required by said contract; and WHEREAS, the City Council deems it advisable and necessary to raise the moneys to make the payments contemplated by said contract by the levy of a tax upon all taxable property in the City in an amount sufficient to permit payment of said contractual obligation each year, said method being one of the methods granted to the City by Section 5a of Act 342, Public Acts of Michigan, 1939, as amended; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The tax assessing and collecting officers of the City of Livonia are hereby authorized and directed to take such steps as may be necessary to certify, levy and collect an ad valorem tax on all taxable property in the City in an amount each year, commencing with the tax levy due in December 1972, sufficient to pay the contractual obligation of the City under the contract between the City of Livonia and the County of Wayne more particularly described in the preamble hereto. 2. The City Clerk shall cause a certified copy of this resolution to be served on the tax assessing and collecting officers of the City. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #350-72 WHEREAS, by resolution adopted March 11, 1967, No. 284-67, as amended, the City Council did authorize issuance and sale of City of Livonia, Michigan, Industrial Development Revenue Bonds (Allied Supermarkets, Inc.) Series A, in the Amount of Thirty-Three Million ($33,000,000.00) Dollars; and WHEREAS, by resolution adopted by the City Council on June 28, 1967, No. 696-67, the City Council did approve and authorize the execution of a certain mortgage and indenture of trust to secure said bonds; and WHEREAS, said bonds have been issued, sold and delivered to the purchaser thereof; and WHEREAS, Section 209 of said mortgage and indenture of trust provides as follows: L "Section 209. Mutilated Lost, Stolen or Destroyed Bonds or Coupons. In the event any Eond is mutilated, lost, stolen or destroyed, the City may execute and the Trustee may authenticate a new Bond of like date, number, maturity and denomination as that mutilated, lost, stolen or destroyed, which new Bond shall have attached thereto coupons corresponding in all respects to those (if any) on the Bond mutilated, lost, stolen or 12899 By Councilman Brown, seconded by Councilman McCann, it was #354-72 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated February 4, 1972, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of W. F. Miller Co., 1593 S. Woodward, Birmingham, Michigan, for supplying the City with one (1) Turf Mowing Tractor for the price of $8,443.00, less trade-in of 7-Gang Mowers LCG Model 2000 Ford Tractor for the price of $2,048.00, or a net total price in the amount of $6,395.00, the same having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #355-72 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated March 6, 1972, and the report and recommenda- tion of the Chief of Police dated April 4, 1972, in connection therewith, the Council does hereby approve of the request from Nicholas Ioannou for transfer of ownership of 1971 SDD-SDM license from Shawky Mousa, which is located at 28225 Five Dile Road, City of Livonia, Michigan, and also to drop space in conjunction with 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: McCann, Bennett, Brown, Ventura, Milligan and Nash. NAYS: Raymond. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Ventura, it was #356-72 RESOLVED, that having considered a communication from the City Engineer dated March 24, 1972, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the right-of-way required by the construction of the grade separation on Middlebelt Road and the C & 0 Railway crossing, the Council does hereby authorize the Mayor and the City Clerk to execute in behalf of the City of Livonia a Quit Claim Deed conveying the following described property to the Board of County Road Com- missioners for the County of Wayne, Michigan, for this purpose: That part of the S. W. 1/4 of Section 25, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan which is described as follows: Beginning at a point on the West Line of Section 25, distant S. 0° 33' 50" W., 583.78 feet from the W. 1/4 Corner of said section and proceeding thence S. 0° 33' 12900 50" VI" 250.00 feet; thence S. 89° 381 20" E., 60.00 feet; thence N. 00 3350" E., 145.72 feet; thence N. 4° 35' 45" E., 104.57 feet; thence No. 89° 38' 20" W. 67.35 feet to the point of beginning, subject to the rights of the public in the existing right-of-way of Middle Belt Road. That portion of the above described property not subject to the rights of the public contains an area of 0.164 acre, more or less. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The communication dated March 23,, 1972 from the Traffic Commission in response to CR 249-72, with respect to the installation of a traffic signal light at Milburn and Plymouth Road is received and filed for the information of the Council. i7 w::uncilman McCann, seconded by Councilman Milligan, and unanimously adopted, #357-72 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetings of the City Council for the month of May, 1972: Wednesday, May 10, 1972. Wednesday, May 24, 1972. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #358-72 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 McCann, seconded by Councilman Milligan, and unanimously adopted, it was #359-72 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 DUI 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, May 22, 1972 at 8:C0 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: 12901 Petition No. 72-2-1-11 submitted by E. Frank Craver, 114101 Deering, Livonia, Michigan, for a change of zoning of property located on the north side of Five Mile Road between Doris and Oporto in the Southeast 1/4 of Section 15, from R-1 and R-5 to P.S., the City Planning Commission having in its resolution No. L-97-72 recommended to the City Council that Petition No. 72-2-1-11 be approved in part; 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 location of the proposed change of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Brown, it was #360-72 RESOLVED, that having received a request from McNeely, Lincoln & Schrader, Inc. requesting Council approval of the final plat of Linden Wood Subdivision the Council does hereby determine to grant its approval to said final plat providing that the City Clerk will notify the Council that all legal, financial and reporting requirements as set forth in the ordinances and Council Resolution #809-71 are in proper order. A. roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, this 733rd regular meeting of the Council of the City of Livonia, was duly adjourned at 10:35 P. M., April 12, 1972. ADDISON W. BAC6' , ty Cl- k Imw