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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-07-26 13103 MINUTES OF THE SEVEN HUNDRED FORTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 26, 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 8:06 P. M.. Councilman Brown delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond., Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Edward H. McNamara, Mayor; Virginia G. Handzlik, Deputy City Clerk; Harry C. Tatigian, City Attorney; Ronald Mardiros, City Assessor; John T. Dufour, Superintendent of Parks and Recreation; Daniel Gilmartin, Industrial Coordinator; Robert Turner, Police Chief; Stanley Bien, Imo Chief Librarian; John Nagy, City Planner; Gary Clark, Engineering Department; Frank Kerby, Chief Building Inspector; John Bunk, Fire Marshall; Jack Dodge, Budget Direc- tor; Ralph Biga, Civil Service Department; Michael Reiser, Water and Sewer Board; and Suzanne Taylor of the Planning Commission. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #644-72 RESOLVED, that the minutes of the 739th regular meeting of the Council of the City of Livonia, held July 12, 1972, are hereby approved. The communication dated July 14; 1972 from. the City Clerk, transmitting audit prepared by the firm of Lybrand, Ross Bros. & Montgomery, C.P.A. of the City for the year ended November 30, 1971, as well as a report with respect to the same, was received and filed for the information of the Council. LirBy Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #645-72 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. 13104 By Councilman Bennett, seconded by Councilman Milligan, it was unanimously adopted, #646-72 WHEREAS, pursuant to the direction of the City Council in its resolution No. 639•-72, adopted on July 12, 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 July 19, 1972 an assessment roll dated July 18, 1972 covering the proposed street paving of Vargo Avenue, west of Merriman Road in Section 10, City of Livonia, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district hereto fore established for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 639-72; 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, SEPTEMBER 11, 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 SEPTEMBER 11, 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 every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman McCann, seconded by Councilman Brown, it was #647-72 RESOLVED, that having considered a communication from the Person- nel Director dated April 26, 1972, approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on April 18, 1972, wherein the Commission did recommend that a classification of Testing Engineer be established in the Engineering Division of the Department of Public Works with a salary range as follows: Minimum Maximum Step 3 Step 4 Step 5 Annual $12,188.80 $12,688.00 $13,228.80 Bi/weekly 468.80 488.10 508.80 Hourly 5.86 6.10 6.36, and further, that one position of Engineering Assistant III in the Inspec- tion Section of the Engineering Division be reclassified to Testing Engineer, the Council does hereby determine to concur in and approve of such action. 13105 A roll call vote was taken on the foregoing resolution with the following result AYES: Brown, Raymond, McCann, Bennett and Nash. NAYS: Ventura and Milligan. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #648-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated April 5, 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 June 26, 1972, after due notice as required by Section 2-507 of said Code, the Council does hereby request that the Traffic Commission submit its report and recommendation relative to the proposed paving of Purlingbrook Avenue from the South line of the Senior Citizens Apartment Site, Northerly to St. Martins in Section 2, and particularly submit its recommendation regarding the proposed opening of Purlingbrook Avenue at St. Martins. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #649-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated April 5, 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 June 26, 1972, after due notice as required by Section 2-507 of said Code, the Council does hereby request that the Traffic Commission submit its report and recommendation relative to the proposed widening and improvement of existing pavement on Purling- brook Avenue, North of Seven Mile Road to the South line of the Senior Citizens Apartment site in Section 2, and particularly submit its recom- mendation regarding the proposed opening of Purlingbrook Avenue at St. Martins. By Councilman McCann, seconded by Councilman Milligan, it was #650-72 RESOLVED, that having considered a communication from the Budget Director dated June 26, 1972, approved for submission by the Mayor, with regard to the bids previously authorized in Council resolution No.1146-71, adopted on December 15, 1971, with respect to printing matter and envelopes in purchases of 5,000 or more, the Council does hereby determine to amend and revise Council Resolution No. 1146-71 so as to delete from the same the limitation that such bids are accepted for a period of six months, and in lieu thereof, does hereby determine that such bids are accepted for the remainder of the City's fiscal year; further, the Council does hereby request that the Budget Director do all things necessary in order to obtain bids with respect to the possible sale of the City's printing equipment and, thereafter, submit the same to the City Council for its consideration in accordance with provisions of Law and City Ordinance. 13106 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was #651-72 RESOLVED, that having considered a communication from the Super- intendent of Operations, the Director of Public Works and the Budget Director, dated June 9, 1972, approved for submission by the Mayor, the Council does hereby accept the bid of Frank L. Jurski Company, 245 Victor Avenue, Highland Park, Michigan 48091, for supplying the Road Maintenance Section of the Operations Division with two (2) Hercules Galion Model F Dump Bodies with Model F5381 Hoist for a unit price of $1,473.00, and a total price of $2,946.00, 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. At the direction of the Chair, the item on the agenda with respect to bids for the purchase of two (2) Dump Truck Chassis for the Operations Division, was removed and will be considered at the Study Session to be conduction July 31, 1972. By Councilman Ventura, seconded by Councilman Brown, it was #652-72 RESOLVED, that having considered a communication from the Water and Sewer Board dated June 22, 1972, approved by the Budget Director and approved for submission by the Mayor, which transmits its resolution No. WS 1612 6/72, the Council does hereby accept the bid of Garwood-Detroit Truck Equipment, Inc., 21083 Mound Road, Warren, Michigan, for supplying the Water Department with one (1) new Gar Wood Model GB-2 10 yard (Water level) Dump Body and Model B No.-105 Hoist for the price of $2,386.00, 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #653-72 RESOLVED, that having considered a communication from the Water and Sewer Board dated June 22, 1972, approved by the Budget Director and approved for submission by the Mayor, which transmits its resolution No. WS 1613 6/72, the Council does hereby accept the bid of International Harvester Company, 31666 W. Eight Mile Road, Farmington, Michigan 48024, 13107 for supplying the Water Department with one (1) International Model F-1910 Tandem Axle Chassis at a net price of $12,512.21, less trade-in allowance of $122.21 on a 1960 Ford Dump Truck, Model F600, Serial No. F60JOH 54273 (DPW Veh. No. 411) for a net price of $12,390.00, which sum includes a Trailer Connection Package in the amount of $540.00, the same having been in fact the lowest alternative bid for this item; further, the Council does hereby authorize an additional appropriation in the amount of. $776.00 to be expended from the Water Maintenance Budget in order to implement this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman. McCann, seconded by Councilman Milligan, it was #654-72 RESOLVED, that having considered a communication dated June 29, 1972 from the Department of Law, approved for submission by the Mayor, relative to the proposed acquisition of the following described property, Lot 21 of Rosedale Gardens No. 1 Subdivision, of part of the N. 1/2 of the N. E. 1/4 of Section 34, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in Liber 56, Page 59, Wayne County Records, which property is necessary for the completion of the Plymouth Road Parking Project, the City Council of the City of Livonia, Michigan, authorizes the Department of Law to acquire the aforesaid described proper- ty from the owners of same based upon the following terms and conditions: 1. The purchase price of the subject property shall be in the amount of $22,000.00; and 2. The sellers sh 31 also receive: (a) as additional compensation from the purchaser the sum of Three Thousand Seventy-Five and no/100 Dollars ($3,075.00) by way of payment for fixtures and equipment based upon the understanding that the sellers shall retain ownership of such fixtures and equipment and shall be permitted the right to move the same from the premises by and before September 10, 1972; and (b) by way of additional compensation from the purchaser, the sum of Three Thousand and no/100 Dollars thim ($3,000.00) as an allowance for the expense of moving personalty from the subject premises. 13108 3. The City of Livonia shall assume the obligation, at no expense whatever to the sellers, of making payment on outstanding charges applied to this property in connection with Special Assessment District No. 90 (asphalt paving of alleys --Merriman to Hubbard), which sum is estimated to be in the amount of Five Hundred Four and no/100 Dollars ($504.00). 4. The sellers shall have the right to retain possession of the subject premises rent free up to and until September 10, 1972 at which time the premises shall be available to the purchases to take possession. FURTHER, the City Council does hereby authorize the expenditure of a sum not to exceed $250.00 as the City's portion of the prorated 1971 city, County, County drain, and school taxes, the same to be prorated as of the date of the closing; and further, the City Council does hereby authorize the advance of the aforesaid sums from the Unexpended Balance Account, said amounts to be reimbursed from the proceeds of Special Assess- ment District No. 101 as established for this purpose, and the City Clerk and the 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #655-72 RESOLVED, that having considered a communication dated June 30, 1972 from the Department of Law, approved for submission by the Mayor, relative to the proposed acquisition of the following described property: Lots 19 and 20 of Rosedale Gardens No. 1 Subdivision, of part of the N. 1/2 of the N. E. 1/4 of Section 34, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in Liber 56, Page 59, Wayne County Records. which property is necessary for the completion of the Plymouth Road Parkirg Project, the City Council of the City of Livonia, Michigan authorizes the Department of Law to acquire the aforesaid described property from the owners of same based upon the following terms and conditions . 1. The purchase price of the subject property shall be in the amount of $42,400.00; and 2. The City of Livonia would assume the payment of special assessment district charges, at no expense whatever to the sellers, of making payment on outstanding charges applied to this property in connection with Special Assessment District No. 90 (asphalt paving of alleys-- Merriman to Hubbard), which sum is estimated to be in the amount of $1,008.00, 13109 3. The sellers shall also receive by way of additional compensation from purchaser the sum of $1,500.00 for the purpose of compensating the sellers as owners of the adjoining property located at 31511 Plymouth Road (Lot No. 18) in order to permit the demolition of the building located at 31513 Plymouth Road (Lot No. 19) and thereby permit the installation of a new west wall where the same would be open as a result of the aforesaid demolition for the premises referred to as 31511 Plymouth Road. 4. The purchase of this property is made contingent upon and subject to the City of Livonia obtaining appropriate deeds and releases from any tenants or other parties in interest with respect to the subject premises. further, the City Council does hereby authorize the expenditure of a sum not to exceed $435.00 as the City's portion of the prorated 1971 city, county, county drain, and school taxes, the same to be prorated as of the date of the closing; and further, the City Council does hereby authorize the advance of the aforesaid sums from the proceeds of Special Assessment District No. 101 as established for this purpose, and the City Clerk and the 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #656-72 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated June 28, 1972, approved by the Budget Director and approved for submission by the Mayor, with regard to the travel allowance for the Department of Parks and Recreation, the Council does hereby determine to authorize the transfer of the sum of $250.00 from Account No. 711-873 (Team Travel and Fees) to Account No. 707-864 (Travel and. Education) for the reasons stated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #657-72 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated June 14, 1972, approved by the Budget Director and approved for submission by the Mayor, with regard to the 13110 development of Parksite J in Section 10, the Council does hereby appropri- ate the sum of $27,380.00 to be expended from the 4.4 Million Dollar General Obligation Parks and Recreation Bond Issue in order to implement the purchase of equipment and materials as well as provide labor costs in connection with the development of the said Parksite for the following purposes: 2 Baseball backstops @ $800.00 each $ 1,600.00 2 Softball backstops @ $400.00 each 800.00 8 Players benches @ $20.00 each 160.00 4 Homeplates & Pitching rubbers @ $30.00 per pair 120.00 4 Bleachers @ $400.00 each 1,600.00 Hauling of yellow clay to diamonds 1,000.00 Materials, equipment & labor for roads and parking lots 22,100.00 Total $ 27,380.00 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #658-72 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated June 14, 1972, approved by the Budget Director and approved for submission by the Mayor, wherein a request is made for sufficient funds to purchase additional bleachers to be located at Ford Field as well as other parksites, the Council does hereby deter- mine to appropriate the sum of $2,200.00 to be expended from the 4.4 Million Dollar General Obligation Parks and Recreation Bond Issue for this purpose. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #659-72 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated June 16, 1972, approved by the Budget Director and approved for submission by the Mayor, wherein a request is made for sufficient funds to complete the construction of a parking lot to be located at Kingsbury Park (adjacent to the Fairway Farms Swim Club),, the Council does hereby determine to appropriate the sum of $2,000.00 from;the 4.4 Million Dollar General Obligation Parks and Recreation Bond Issue in order to permit the Director of Public Works to obtain materials in the amount of $1,350.00 and to provide the labor and equipment rental , the estimated cost of which is $650.00, for this purpose. 13111 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #660-72 RESOLVED, that having considered a communication from the City Engineer dated June 19, 1972, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the installation of four (4) traffic signal relays at the main entrance to the Detroit Race Course located on Schoolcraft Road, the estimated cost of which is $380.00, the Council does hereby request and authorize the Board of Wayne County Road Commissioners of its desire to have the said four (4) relays installed, the cost of which is to be borne by the City of Livonia; and for this purpose the Council does hereby authorize the expenditure of a sum not to exceed $380.00 from the Motor Vehicle Highway Fund (Major Roads) for this purpose; and the City Clerk is hereby requested to transmit two certified copies of this resolution to the Board of Wayne County Road Commissioners, as well as together with the City Treasurer, do all things necessary or incidental to the full performance of this resolution. f, roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #661-72 RESOLVED, that having considered a communication dated June 26, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, and having also considered a com- munication dated June 22, 1972 from the Engineer of Traffic and Safety of the Board of Wayne County Road Commissioners, in connection therewith and having considered the necessity of the installation of a traffic signal control device to be located at the intersection of Middlebelt and Curtis, the Council does hereby authorize the installation of same; further, the Council having been advised that the estimated cost of the proposed traffic installation is $2,600.00, does hereby approve of the City assumirg 50% of the total cost of such installation and for this purpose does hereby authorize the expenditure of a sum not to exceed $1,300.00 from the Motor Vehicle Highway Fund (Major Roads), and further, the City does hereby agree to pay the monthly electrical energy charges for such installation to The Detroit Edison Company upon completion of the installation, it being understood that the County will assume the full cost of maintaining the signal, and the Board of Wayne County Road Commissioners is hereby requested to cause such traffic signal to be installed at the aforesaid L location in an expeditious manner, and the City Clerk and City Treasurer are herein authorized to do all things necessary to the full performance of this resolution; and the City Clerk is also requested to send a certi- fied copy of this resolution to the Board of Wayne County Road Commis- sioners to the attention of the Engineer of Traffic and Safety. 13112 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura., seconded by Councilman Milligan, it was 4662-72 RESOLVED, that having considered a communication dated June 14, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby concur in the recommendation set forth therein and does request that the office of the Wayne County Drain Commissioner proceed with having the Engineering completed and bids taken for the elimination of a ditch by the construction of Branch No. 1 of a proposed project known as Livonia Drain No. 16 exten- sion and Branches, the estimated cost of which is $65,000.00; further, the Council does hereby request that the office of the Wayne County Drain Commissioner make arrangements to authorize as an advance from whatever surplus which may be available in other Livonia Drain Construction Accounts sufficient moneys to construct this project, such funds to be reimbursed at such time as bonds are sold for the Livonia Drain No. 16 Extension and Branches Project; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Office of the Wayne County Drain Commissioner. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was 4663-72 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated June 16, 1972, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby authorize a payment to be made in the sum of $286.00 to Donald Saelzer, 30132 Westfield, Livonia, Michigan, as a result of the presumed theft of Mr. Saelzer's motorcycle and helmet on October 20, 1970 from the Auto Pound; further, the Council does hereby authorize the expenditure of the aforesaid sum from the Unexpended Fund Balance Account, such payment to be made upon first having an appropriate release executed by Mr. Saelzer discharging the City of Livonia from any and all liability in connection with this matter, the same to be in a form prepared and approved by the Department of Law; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. ^ cll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 13113 By Councilman Brown, seconded by Councilman Raymond, it was #664-72 RESOLVED, that having considered a communication from the Depart- ment of Law dated July 6, 1972, approved for submission by the Mayor, with regard to employment of a Legal Aide in the Department of Law, the Council does hereby determine to authorize the expenditure of a sum not to exceed $1,200.00 to be expended from the Salaries and Wages Account of the Department of Law for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #665-72 RESOLVED that, Greenfield. Construction Company, 13040 Merriman Road, P. O. Box 2185, Livonia, Michigan 48151, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Greenfield Industrial Park Subdivision, located in the N. E. 1/4 of Section 27, City of Livonia, the said proposed preliminary plat being dated May 17, 1971; 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 May 25, 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 June 27, 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 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, accomplisn- 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 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; 13114 (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 (Not recommended) Traffic Control Signs $ 290.00 Street Name Signs 70.00 Plan review, field inspection and administra- tion (5% before contingencies) 8,835.00 Survey Monuments and lot corner markers (Cash Escrow) 580.00 Street light notification sign (Not applicable) (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Plan- ning 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 with- in two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordi- nance and this resolution; (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as shall be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts: General Improvement Bond - $194,400.00 of which at least 10,000.00 shall be in cash. Sidewalk Bond - Not required. (9) That the requirement set forth relative to placing utility lines underground is hereby waived since the same does not appear to be necessary or otherwise in the best interests of the City; further, ornamental street lights are to be provided throughout the subdivision, in accordance with City Ordinances. A rcll callvote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 13115 By Councilman Milligan, seconded by Councilman Raymond, it was #666-72 RESOLVED, that having considered a communication from the Civil Service Commission dated June 13, 1972, approved by the Budget Director and approved for submission by the Mayor, which transmits its resolution adopted on June 6, 1972 wherein the Commission did recommend that the positions of Probation Officer I and Probation Officer II be changed from the category of temporary part-time positions to the category of permanent part-time positions, the Council does hereby determine to concur in and approve of such action; and the Council does further determine that the effective date of the fringe benefits referred to would commence with the effective date of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #667-72 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated June 14, 1972, approved by the Budget Director and approved for submission by the Mayor, wherein it is recom- L mended that a fee in the amount of $300.00 per day be established for the use of the Devon-Aire and Ford Recreation Centers during the off ice season by any organization using the same as approved by the Commission, the Council does hereby determine to concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication dated June 9, 1972 from Messrs. Bob Royer and John Drayton wherein a request is made for permission to paint house numbers on curbs throughout the City of Livonia, the Council does hereby determine to concur in and approve of such request. A. 1011 call vote was taken on the foregoing resolution with the following result: AYES: Milligan and Bennett. NAYS: Brown, Ventura, Raymond, McCann and Nash. :ue President declared the resolution DENIED. By Councilman Brown, seconded by Councilman Ventura, it was 13116 #668-72 RESOLVED, that having considered a communication dated June 9, 1972 from Messrs. Bob Royer and John Drayton wherein a request is made for permission to paint house numbers on curbs throughout the City of Livonia, the Council does hereby determine to deny the said request since the same would not appear to be in the best interests of this community or its residents. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, McCann and Nash. NAYS: Milligan and Bennett. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #669-72 RESOLVED, that having considered a communication dated June 5, 1972, from Charles R. Lendrum, Sr., 29430 West Six Mile Road, Livonia, Michigan, with regard to an application for a new full year Class "C" License for the Tokyo Restaurant, 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. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #670-72 RESOLVED, that having considered a communication from Mr. Addison D. Connor dated July 6, 1972, with regard to certain property owned by Mr. Connor and his sister located in Section 2 and designated as Parksite "C", and wherein Mr. Connor has indicated that the City consider either purchasing such property or removing the same from the Master School and Park Plan, the Council does hereby determine to refer the same to the Parks and Recreation Commission for its report and recom- mendation. Councilman McCann gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 3-113(c) OF TITLE 3 OF CHAPTER 1 (NUISANCES), ARTICLE 2 (NOISE) OF THE LIVONIA CODE OF ORDINANCES AS AMENDED. By Councilman Bennett, seconded by Councilman Ventura, it was #671-72 RESOLVED, that having considered a communication from the Depart- ment of Law dated June 21, 1972, and submitted pursuant to Council resolu- tion No. 541-72, wherein a proposed amendment was submitted which would purport to prohibit the use of sound cars in residential districts,and which proposed ordinance was given first reading by Councilman McCann on July 26, 1.972, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. 13117 lis. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan, Bennett and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Ventura, it was #672-72 RESOLVED, that having considered a communication from the Michi- gan Municipal League dated July 12, 1972, the Council does hereby determine to appoint Councilman Edward G. Milligan as Official Representa- tive and Councilman Jerry Raymond as Alternate Representative to represent the City of Livonia, and to attend the Annual Meeting of the Michigan Municipal League to be held in the Small Auditorium, Lansing Civic Center, Lansing, Michigan, on September 26-29, 1972; and the City Clerk is hereby requested to transmit a certified copy of this resolution with the attach- ed card to the Michigan Municipal League. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan and Nash. iii. NAYS: McCann and Bennett. ThE President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #673-72 RESOLVED, that the Council does hereby request that the Depart- ment of Law prepare an appropriate amendment to the Livonia Code of Ordinances which would purport to regulate the conducting of garage sales within the corporate limits of the City of Livonia and, thereafter, submit the same to the City Council for its consideration. By Councilman Ventura, seconded by Councilman Raymond, it was #674-72 RESOLVED, that having considered a communication from the Depart- ment of Law, dated July 5, 1972 transmitting for Council acceptance a Grant of Easement in connection with the paving of Purlingbrook Avenue and Livonia Drain #16-Branch #2 project, which easement was executed on May 3, 1972 by John F. Dearden, Roman Catholic Archbishop of the Archdiocese of Detroit, conveying: The North 20 feet of the South 376 feet of the following described parcel: That part of the S. E. 1/4 of Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the S. section line distant N 89° 52' 30" W, 1616.61 ft. and 13118 N 0° 07' 30" E, 60 feet from the S. E. corner of Section 2 and proceeding thence N 89° 52' 30" W, 60 feet; thence N 0° 07' 30" E, 183 feet; thence N 89° 52' 30" W, 104.19 feet; thence N 0° 19' E, 173 feet, thence N 89° 52' 30" W, 823 feet; thence N 0° 19' E along the E. line of Purlingbrook Road, 611.20 ft.; thence S. 89° 58' E, 629.75 feet; thence N 0° 07' 30" E, 289 ft.; thence S 89° 58' E, 328.56 ft. ; thence S 89° 37' E, 16.26 ft. , thence S 0° 07' 30" W, 881.66 ft.; thence S 18° 18' 36" E, 31.62 ft.; thence S 0° 07' 30" W, 346 ft. to the point of beginning. (Bureau of Taxation Parcel 02Q?b--Wlb2al) the Council does hereby accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds, and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #675-72 RESOLVED, that having considered a communication dated July 17, 1972 from the Department of Law submitting for acceptance a Grant of Easement dated July 5, 1972 executed by the Georgia-Pacific Corporation, a Georgia Corporation, by its vice president Stanley S. Dennison and assistant secretary Frank G. Breuer, granting to the City: A 20' wide easement being ten (10) feet on each side of a line described as beginning at a point located distant due east along the South line of Section 26, 1872.40 feet, and N. 0° 14' 30" W. along the east line of Sears Avenue (60 ft. wide) 809.75 feet from the S. W. 1/4 corner of Section 26, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; proceeding thence N. 89° 50' 24" E., a distance of 352.30 feet to a point of ending. 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 Deed:. and to do all other things necessary or incidental to the full performance of this resolution; further, the City Clerk is hereby requested to send a copy of the aforesaid Grant of Easement, after acceptance by the Counci] and recordation by the Register of Deeds, to the Grantor thereof with recording data. :, roil call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 13119 By Councilman Ventura, seconded by Councilman Raymond, it was #676-72 RESOLVED, that having considered a communication dated July 17, 1972 from the Department of Law submitting for acceptance a Quit Claim Deed executed on July 10, 1972 by Conan Feinn and Gladys M. Feinn, his wife, conveying: The North 60 feet of that part of the N. E. 1/4 of Section 36, T. 1 Se, R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the N. section line distant S. 89° 35' 10" W, 1687.0 ft. from the N. E. corner of Section 36 and proceeding thence S. 0° 22' 40" E, 300.0 ft.; thence S. 89° 35' 10" W., 120.0 ft.; thence N. 0° 22' 40" W., 300.0 ft.; thence N. 89° 35' 10" E. along the N. section line, 120.0 feet to the point of beginning. (Bureau of Taxation Parcel 36A4) (right-of-way - Plymouth Road) the Council does herein for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deed and the City Clerk is herein requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #677-72 RESOLVED, that having considered a communication from the Department of Law, dated July 3, 1972, submitted pursuant to council resolutions #297-70 and #209-71, transmitting for Council acceptance two deeds wherein a 60-foot right-of-way is conveyed to the City in connectic>> with the street improvement program between Five Mile and Six Mile Roads, which deeds are more particularly described as: 1. Warranty Deed dated June 26, 1972 executed by Irene Watson, individually, as wife of Wallace S. Watson and as attorney in fact for Wallace S. Watson, and by Donna J. Torok, and 2. Quit Claim Deed dated February 9, 1972 executed by Steve Oliwek and Anna Oliwek, his wife, both deeds conveying: The East 60 feet of the North 150 feet of the East 350 feet of the Southeast 1/4 of the Northeast 1/4 of Section 18, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 18B1); 13120 L the Council does hereby accept the aforesaid Warranty Deed and Quit Claim Deed and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds; further, the City Assessor is hereby requested to do all things necessary to have that portion of the property which has been conveyed to the City removed from the tax rolls as being City owned and exempt; and the City Clerk and the City Assessor are herein requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 25 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 71-11-1-70TItem No. 2) 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 SECTION 25 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 71-11-1-70 (Item No. 3) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the „flice 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 I, meeting of the Council. Councilman Ventura gave first reading to the following Ordinance: 13121 AN ORDINANCE AMENDING SECTION 25 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SEC- TION 3. THERETO. RE: PETITION 71-11-1-70 (Item No. 4) 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 SECTION 25 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SEC- TION 3. THERETO. RE: PETITION 71-11-1-70 (Item No. 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. 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 SECTION 26 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SEC- TION 3. THERETO. RE: PETITION 71-11-1-70 (Item No. 6) '!'tie 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: 13122 AN ORDINANCE AMENDING SECTION 26 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SEC- TION 3. THERETO. RE: PETITION 71-11-1-70 (Item No. 7) 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 SECTION 26 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SEC- TION 3. THERETO. RE: PETITION 71-11-1-70 (Item No. 8) _ 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 SECTION 27 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SEC- TION 3• THERETO. RE: PETITION 71-11-1-70 (Item No. 9) 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: 13.123 AN ORDINANCE AMENDING SECTION 27 CF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF .LIVONIA ZONING ORDINANCE," BY ADDING SEC- TION 3. THERETO. RE: PETITION 71-11-1-70 (Item No. 10 and 10A) 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 SECTION 28 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SEC- TION 3. THERETO. RE: PETITION 71-11-1-70 (Item No. 13) 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 SECTION 30 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SEC- TION 3. THERETO. RE: PETITION 71-11::1-70 (Item No. 15 and 16) ih€ foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in thr. office of the City Clerk and is the same as if word for word repeated herein. LThe 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: 13124 AN ORDINANCE AMENDING SECTION 30 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SEC- TION 3. THERETO. RE: PETITION 71-11-1-70 (Item 177 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 SECTION 30 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SEC- TION 3. THERETO. RE: PETITION 71-11-1-70 (Item No. 17 and 19) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances 3.n 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 Bennett, seconded by Councilman Brown, and unanimously adopted, it was 4678-72 RESOLVED, that the City Engineer having filed with the City Clete a statement dated May 3, 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 July 10, 1972, after due notice as required iu;y 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 temporary road improvement on. the basis of Alternate IV (20 foot wide Stabilized Base with 1 1/2" asphalt surface) on Bennett Avenue, west of Merriman Road, in Section 10, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; 13125 (3) approve the plans and specifications for said improve- ment as set forth in said statement dated May 3, 1972; (4) determine that the estimated cost of such improvement is $9,654.92; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 0 and that the balance of said cost and expense of said public improvement amounting to $9,654.92 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 improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district located in the S. E. 1/4 of Section 10, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as contining the following parcels: Lots 3, 4 and 7 through 32, of Howe Gardens Subdivi- sion, Liber 70, Page 77, 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 accord- ance with the determination of the City Council; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provi- sions 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. L13126 By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #679-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 3, 1972 on Ru l matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on July 10, 1972, 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 temporary road improvement on the basis of Alternate IV (20 foot wide Stabilized Base with 1 1/2" Asphalt Surface) on Bobrich Avenue, west of Merriman Road, in Section 10, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improve- ment as set forth in said statement dated May 3, 1972; (4) determine that the estimated cost of such improvement is $9,960.09; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 0 and that the balance of said cost and expense of saidpublic improvement amounting to $9,960.09 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 improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: 13127 A special assessment district located in the S. E. 1/4 of Section 10, T. 1 S., R. 9 F., City of Livonia, Wayne County, Michigan, being more particularly described as containing the following parcels : Lots 2 through 24, of Thomas F. O'Connorts Merriman Park Subdivision, Liber 67, Page 88, 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 determination 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 Brown, seconded by Councilman Bennett, and unanimously adapted, it was #680-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 3, 1972 pursuant to Council resolution No. 314-72 adopted on April 12, 1972, and in accordance with the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances as amended, containing a report with regard to the road improvement on Grove Avenue in Section 15, City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on July 10, 1972. pursuant to Council resolution No. 454-72, after due notice as required by Title 2, Chapter 5 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the Special Assessment Proceeding heretofore commenced by the proposed improvement. By Councilman Ventura, seconded by Councilman Milligan, it was 13128 L #681-72 RESOLVED, that having considered a communication dated April 18, 1972 from the City Planning Commission which sets forth its resolution No. 4-96-72 with regard to Petition No. 72-2-1-10 submitted by Frederick Wilson, Penobscot Building, Detroit, Michigan 48226, for a change of zoning on property located at the northwest corner of Westmore and Roycroft Avenues in the Southwest 1/4 of Section 15, from R-1 to P, and the Council having conducted a public hearing with regard to this matter on July 10, 1972 pursuant to Council resolution No. 447-72, the Council. does hereby concur with the recommendation of the Planning Commission except that the said Petition No. 72-2-1-10 is hereby approved and granted, as submitted, approving the requested rezoning of such property legally described as follows: Lot 15, Brightmoor Home Acres, as recorded in Liber 51, Page 1, Wayne County Records, said subdivision being a part of the S. W. 1/4 of Section 15, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan; 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. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan and Bennett. NAYS: *McCann and Nash. The President declared the resolution adopted. *Councilman McCann made the following statement: My 'nor vote is cast Lecause 1 feel that the easterly 70 feet should not be deleted. By Councilman McCann, seconded by Councilman Brown, it was RESOLVED, that having considered a communication dated April 17, 1972 from the City Planning Commission which sets forth its resolution No. 4-95-72 with regard to Petition No. 72-3-1-13 submitted by the City Planning Commission on its own motion for a change of zoning on property located on the south side of Five Mile Road, east of Levan Road, in the Northeast 1/4 of Section 20, from C-1 and R-2 to P.S., and the Council having conducted a public hearing with regard to this matter on July 10, 1972, pursuant to Council resolution No. 447-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-3-1-13 is hereby approved and granted; and the City L 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. 13129 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Brown and McCann. NAYS: Ventura, Raymond, Milligan, Bennett and Nash. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Milligan, it was #682-72 RESOLVED, that having considered a communication dated April 17, 1972 from the City Planning Commission which sets forth its resolution No. 4-95-72 with regard to Petition No. 72-3-1-13 submitted by the City Plan- ning Commission on its own motion for a change of zoning on property located on the south side of Five Mile Road, east of Levan Road, in the Northeast 1/4 of Section 20, from C-1 and. R-2 to P.S., and the Council having conducted a public hearing with regard to this matter on July 10, 1972, pursuant to Council resolution No. 447-72, the Council does hereby determine to reject the recommendation of the Planning Commission with respect to the proposed rezoning of a portion of Tax Parcel E2a2al, determining in this regard to deny the same. 1 roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Milligan, Bennett and Nash. NAYS: Brown and. McCann. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was #683-72 RESOLVED, that having considered a communication dated April 17, 1972 from the City Planning Commission which sets forth its resolution No. 4-95-72 with regard to Petition No. 72-3-1-13 submitted by the City Planning Commission on its own motion for a change of zoning on property located on the south side of Five Mile Road, east of Levan Road, in the Northeast 1/4 of Section 20, from C-1 and R-2 to P.S. , and the Council having conducted a public hearing with regard to this matter on July 10, 1972, pursuant to Council resolution No. 447-72, the Council does hereby determine that with respect to the recommendation of the Planning Commis- sion concerning Petition No. 72-3-1-13, having in Council Resolution No. 682-72 denied the proposed rezoning of a portion of Tax Parcel E2a2al, to table the same, to be considered at the Study Session to be conducted on July 31, 1972. roll call vote was taken on the foregoing resolution with the following result- AIES: Ventura, Raymond, Milligan and Bennett. NAYS: Brown, McCann and *Nash. The President declared the resolution adopted. 13130 *Councilman Nash made the following statement: My 'no' vote is cast because I am in favor of P. S. zoning. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #684-72 RESOLVED, that the Council does hereby request the City Planning Commission, in accordance with the provisions set forth in Article XXIII, on its own motion to initiate an amendment to the Zoning Ordinance so as to provide that delicatessens and/or carry-out restaurants shall be permitted only as a waiver use in C-2 districts in lieu of being a permitted use in C-i Districts; and that after having conducted a Public Hearing with respect to this matter, the City Planning Commission is requested to submit its report and recommendation to the City Council for its consideration. By Councilman Brown, seconded by Councilman Bennett, it was #685-72 RESOLVED, that having considered a communication dated April 19, 1972 from the City Planning Commission which sets forth its resolution No, 4-100-72 with regard to Petition No. 72-2-1-9 submitted by the City Plan- ning Commission, initiated by Council resolution No. 59-72, for a change of zoning on property located on the northeast corner of Levan and School- ing Roads in the Southeast 1/4 of Section 20, from C-1 to P.S., and the Council having conducted a public hearing with regard to this matter on July 10, 1972, pursuant to Council resolution No. 447-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-2-1-9 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publica- tion 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. roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #686-72 RESOLVED, that having considered a communication dated April 17, 1972 from the City Planning Commission which sets forth its resolution No. 4-93-72 with regard to Petition No. 72-3-1-14 submitted by Alvin C. Meyer for Glen Eden Lutheran Church for a change of zoning on property located between Newburgh and Farmington Roads and between Seven and Eight Mile Roads in Section 5, from RUFC to AG, and the Council having conducted a public hearing with regard to this matter on July 10, 1972, pursuant to Council resolution No. 447-72, the Council does hereby concur with the 13131 recommendation of the Planning Commission and the said Petition No. 72-3-1-14 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amend- ed, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #687-72 RESOLVED, that having considered a communication dated April 19, 1972 from the City Planning Commission which sets forth its resolution No. 4-107-72 with regard. to Petition No. 72-1-1-4 submitted by American Oil Company, 16025 Northland Drive, Southfield, Michigan 48075, for a change of zoning on property located on the southwest corner of Inkster Road and Schoolcraft Road in the Northeast 1/4 of Section 25, from M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on July 10, 1972, pursuant to Council resolution No. 447-72, the Council L does hereby concur in the recommendation of the Planning Commission and the said Petition No. 72-1-1-4 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. .'r roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #688-72 RESOLVED, that having considered Petition No. 72-7-3-6 submitted by Roy and Barbara Fortin, 35638 Elmira, Livonia, Michigan, dated July 13,, 1972, wherein a request is made for the vacating of a certain six foot easement located on the east side of 35638 Elmira Avenue, City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of Law and City Ordinance. By Councilman Bennett, seconded jay Councilman Brown, and unanimously adopted, it was 13132 #689-72 RESOLVED, that having considered Petition submitted by the City Engineer, dated June 26, 1972, approved by the Director of Public Works and approved for submission by the Mayor, wherein a request is made for the vacating of a portion of Hubbard Road, south of Orange- lawn, in Section 34, City of Livonia, Wayne County, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of Law and City Ordinance. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #690-72 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated June 21, 1972, approved for submission by the Mayor, wherein a request is made to vacate Westmore and Shadyside Avenues (Shelden Park), City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Com- mission for action and recommendation in accordance with provisions of Law and City Ordinance. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #691-72 RESOLVED, that having considered a communication from the City Engineer, dated June 6, 1972, approved by the Director of Public Works and approved for submission by the Mayor, wherein a request is made for the vacating of a certain easement in E. G. Settle Realty Co.'s Bonaparte Gardens Subdivision in Section 35, City of Livonia, Wayne County, Michi- gan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with pro- visions of Law and City Ordinance. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #692-72 RESOLVED, that having considered Petition No. 72-7-3-5 submitted by Paul McDonough, 11094 Hillcrest, Livonia, Michigan 48150, dated July 6, 1972, wherein a request is made for the vacating of a certain easement located in Devonshire Park Subdivision in Section 35, City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommenda- tion in accordance with provisions of Law and City Ordinance. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was 13133 #693-72 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 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, SEPTEMBER 25, 1972 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items: 1. Petition No. 72-5-1-26 submitted by the City Plan- ning Commission on its own motion to rezone lands owned by the Livonia Public Schools and/or City of Livonia located in the Southwest 1/4 of Section 3, from R-3A, RUFB and R-1 to the Public Land (PL) classification, the City Planning Commission having in its resolution No. 6-147-72 recommended to the City Council that Petition No. 72-5-1-26 be approved; 2. Petition No. 71-2-1-5 submitted by Edmund T. Warren, 7-159 General Motors Building, Detroit, Michigan 48202, for a change of zoning of property located west of Newburgh Road between Plymouth Road and Amrhein Road in the Southeast 1/4 of Section 30, from RUF to M-1, the City Planning Commission having in its resolution No. 6-154-72 recommended to the City Council that Petition No. 71-2-1-5 be approved; 3. Petition No. 72-5--1-25 submitted by the City Plan- ning Commission on its own motion to rezone lands owned by the Livonia Public Schools and/or City of Livonia located in the Northeast 1/4 of Section 2, from RUFA, R-1 and R-3A to the Public Land (PL) classification, the City Planning Commission having in its resolution No. 6-146-72 recommended to the City Council that Petition No. 72-5-1-25 be approved; 4. Petition No. 72-1-1-2 submitted by the City Plan- ning Commission on its own motion to rezone lands owned by the Livonia Public Schools and/or City of Livonia located in Section 1, from RUF to the Public Land (PL) classification, the City Planning Com- mission having in its resolution No. 6-145-72 recom mended to the City Council that Petition No. 72-1-1-2 be approved; 5• Petition No. 72-3-1-17 submitted by Nicholas George, Nicholas George Theatres, 6621 Allen Road, Allen Park, Michigan, for a change of zoning of property located on the east side of Farmington Road, north of Plymouth Road in the Southwest 1/4 of Section 27, from M-1 to C-2, the City Planning Commission having in its resolution No. 4-119-72 recommended to the City Council that Petition No. 72-3-1-17 be approved; 13134 6. Petition No. 72.1-1-8 submitted by William Ponder, Attorney, 32510 Plymouth Road, Livonia, Michigan, for a change of zoning of property located on the east side of Stark Road, south of Plymouth Road in the Northeast 1/4 of Section 33, from RUF to R-7, the City Planning Commission having in its resolution No. 6-151-72 recommended to the City Council that Petition No. 72-1-1-8 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 location of the proposed changes of zoning 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) 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 Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #694-72 RESOLVED, that having considered a communication from the City Planning Commission dated June 23, 1972, which transmits its resolution No. 6-149-72, wherein the Commission did amend Part V of the Master Plan of the City of Livonia, entitled "The Master School and Park Plan," so as to delete certain property located on the east side of Stark Road, south of Plymouth Road, in the Northeast 1/4 of Section 33, the Council does hereby determine to acknowledge receipt of the same. By Councilman Ventura, seconded by Councilman Raymond, it was #695-72 RESOLVED, that having considered the report and recommendation dated June 27, 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. 8 of Council Resolution No. 809-71 adopted on August 25, 1971, and subsequently amended by Council Resolution No. 111•-72, adopted on February 2, 1972, so as to further reduce the Financial Assurances now on deposit with the City for General Improvements in Linden Park Subdivision to $6,000.00 in 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 Improve- ments shall remain the same and unchanged, 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 13135 imeThe following resolution was unanimously introduced, supported and adopted• #696-72 RESOLVED, that having considered a letter from Iry Langley, President, Devon-Aire Civic Association, dated June 26, 1972, the Council does hereby grant permission to the Devon-Aire Woods Civic Association to hold a Corn Roast on August 19, 1972 at Devonshire Park and to block off Robert Drive from Hillcrest to Milburn from 7:30 P. M. to 1:30 A.M.; subject to the approval of the Police Department. The following resolution was unanimously introduced, supported and adopted: #697-72 RESOLVED, that having considered a letter from residents of the Spring Valley Subdivision dated July 8, 1972, the Council does hereby grant permission to the residents of the Spring Valley Subdivision to hold a neighborhood Block Party on August 25, 1972, from 9:00 P. M. to 1:00 A. M. and to block off Auburndale Street between Gable and St. Martin; subject to the approval of the Police Department. By Councilman Milligan, seconded by Councilman Raymond, it was #698-72 RESOLVED, that having considered a communication dated July 10, 1972 from the Michigan Liquor Control Commission with regard to an application from Little Caesar Enterprises, Inc., Michael Ilitch, President, 24700 Northwestern, Southfield, Michigan, for a new full year Class "C" License to be located in the City of 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, and unanimously -.tdopted, it was #699-72 RESOLVED, that having considered a communication from George Fotiu dated July 15, 1972, wherein he has requested that consideration be given to provide a baseball league for boys in the 16 to 18 year old age range, the Council does hereby request that the Parks and Recreation Commission together with the Superintendent of Parks and Recreation submit a report and recommendation. By Councilman Bennett, seconded by Councilman Brown, it was #700-72 RESOLVED, that the City Council having duly met and reviewed the special assessment levied on the Special Assessment Roll as prepared by the City Assessor to cover the district portion of the cost of street paving on Autry Avenue, N. E. 1/4 of Section 28, T. 1 S., R. 9 E., City of Livonia, Michigan, improvements to be constructed in the Special Assessment District No. 112, and all owners of record of property subject 13136 to the special assessments having submitted in writing a "waiver of notice and proceedings" in accordance with Section 2-531 of the Livonia Code of Ordinances, as amended, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code, (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated July 17, 1972, in the amount of $56,400.00 are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 112 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, 1972. In such cases where the install- ments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1972 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, 1972 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1972 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, 1972 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 13137 have been prepaid in the manner provided. 3.n 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 in- stallments. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #701-72 RESOLVED, that having considered a communication dated May 23, 1972 from the City Planning Commission which sets forth its resolution No, 5-139-72 with regard to Petition No. 72-3-2-6 submitted by John DelSignore, 14933 Ellen, Livonia, requesting permission to construct a restaurant on property located on the north side of Plymouth Road between Merriman and Hubbard Roads in the Southeast 1/4 of Section 27, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on July 24, 1972, pursuant to Council resolution No. 506-72, the Council does hereby reject the recommendation of the City Planning Commis- sion and said Petition No. 72-3-2-6 is hereby approved and granted, sub- ject to the submission of a Landscaping Plan by the Petitioner which shall be approved by the Planning Department of the City of Livonia; conditioned on the provision that the petitioner provide a Lease that insures adequate parking for fifteen years. A roll call vote was 'taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was #702-72 RESOLVED that, Ager Building Company, 20715 Northome, Southfield, Michigan 48075, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Park View Estates Subdivision, located in the N. E. 1/4 of Section 8, City of Livonia, Michigan, the said proposed preliminary plat being dated May 30, 1972; 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 March 7, 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 June 29, 1972; therefore, the City Council does hereby approve of the said. preliminary plat on the following conditions; 13138 (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 9 Chapter 1 of the Livonia Code of Ordinances, as amended; the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such depart- ment; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended; (3) That the installation of all such improvements shall be 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 $1,162.00 Street Name Signs 150.00 Traffic Control Signs 72.00 Monuments & Markers (cash escrow) 1,325.00 Plan review, field inspection and administration (Engineering Fee, 5% before contingencies) 6,383.50 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Plan- ning 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; 13139 (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 -• $132,000.00 of which at least 10,000.00 shall be in cash. Sidewalk Bond - 8,200.00 of which at least 2,460.00 shall be in cash. (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. A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. The following resolution was unanimously introduced, supported and adopted. #703-72 RESOLVED, that having considered a letter from Gerald. L. Mueller, Treasurer, Madonna Civic Association, dated July 24, 1972, the Council does hereby grant permission to the Madonna Civic Association to hold a Street Dance on August 12, 1972, and to block off Scone Avenue between Golfview and Woodside Avenues from 8:00 P. M. to 12:00 P. M.; subject to the approval of. the Police Department. By Councilman Milligan, seconded by Councilman McCann, it was #704-72 RESOLVED, that having considered a communication dated July 26, 1972 from the City Planning Commission, which transmits its resolution No. 7-193-72 adopted by the Commission on July 18, 1972 with regard to Petition No. 72-6-2-15 submitted by Holy Trinity Lutheran Church requesting waiver use approval to build a new sanctuary and Sunday School addition on an existing church located on the north side of Five Mile Road between Knolson and Haggerty Roads in the Southwest 1/4 of. Section 18, which property is zoned R-3, the Council does hereby concur in the recommenda- tion made by the City Planning Commission and Petition No. 72-6-2-15 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Plan- ning Commission. N roll call vote was taken on the foregoing resolution with the following result: AYES: Brown; Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 13140 By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, this 740th regular meeting of the Council of the City of Livonia, was duly adjourned at 10:25 p. m., July 26, 1972, ADDISON W. BACON, ,