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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-08-16 13143 MINUTES OF THE SEVEN HUNDRED FORTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 16, 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 8:00 P. M.. Councilman Ventura 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: Virginia G. Handmlik, Deputy City Clerk; Robert M. Feinberg, Assistant City Attorney; Rudolf R. Kleinert, Director of Public Safety-Fire; Ronald Mardiros, City Assessor; John Nagy, City Planner; James Miller, Personnel Director; G. E. Siemert, City Engineer; Gary Clark, Engineering Department; John T. Dufour, Superintendent of Parks and Recreation; John Bunk, Fire Marshall; Frank Kerby, Chief Building Inspector; H. L. Bridges, Assistant City Asses- sor; Jack Dodge, Budget Director; Michael Reiser, Water and Sewer Board; and John M. Gibbons of the Livonia Housing Commission. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #705-72 RESOLVED, that the minutes of the 740th regular meeting of the Council of the City of Livonia, held July 26, 1972, are hereby approved. The communication dated August 16, 1972 from the City Clerk, which transmits Financial Statements of City of Livonia General Fund for period ending July 31, 1972, as well as a statement of the several Special Revenue Operating Funds, was received and filed for the information of the Council. The communication dated July 25, 1972 from the Department of Law, with respect to the matter of Livonia Police Officers Association; Employment Relations Commission (Case No. C71 K-221), was received and filed for the information of the Council. 13144 Councilman Ventura gave second 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. 2). A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown 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 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 jtem No. 3). A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown 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 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 Nom+). 13145 L A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown 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 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)- A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 26 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SEC- TION 3. THERETO. RE: PETITION 71-11-1-70 (Item No. 6). A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown 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: 13146 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-fl-1-70 Item No.7). A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 26 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SEC- TION 3. THERETO. RE: PETITION 71-11-1-70 (Item No. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, McCann, Bennett, Brown and Nash. NAYS: Milligan. 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 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). A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. 13147 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 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 (Items No. 10 and 10A) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown 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 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). A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown 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 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 (Items No. 15 and 16) 13148 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown 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 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 1$f, A roll call vote was taken on the foregoing Ordinance with the following result• AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown 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 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 (Items No. 17 and 19). A roll call vote was taken on the foregoing Ordinan a with the following result AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 13149 By Councilman McCann, seconded by Councilman Bennett, it was #706-72 RESOLVED, that having considered a communication from the Super- intendent of Operations, the Director of Public Works and the Budget Director, dated June 21, 1972, approved for submission by the Mayor, the Council does hereby determine with respect to bid_"A" to accept the bid of International Harvester, 31666 West Eight Mile Road, Farmington, Michi- gan, for supplying the Road Maintenance Section of the Operations Division with one (1) new current model International 1700 Dump Truck Chassis for a unit price of $7,342.53, less trade-in allowance of $542.53 on a 1962 Ford Dump Truck Model F-950, Serial No. F95PU302343 (DPW Veh. No. 34) for a net price of $6,800.00, the same having been in fact the lowest bid received for this item; further, with respect to bid "B", the Council does hereby accept the bid of International Harvester, 31666 West Eight Mile Road, Farmington, Michigan, for supplying the Road Maintenance Section of the Operations Division with one (1) new current model International 1700 Dump Truck Chassis for a unit price of $7,346.44 less trade-in allowance of $146.44 on a 1963 Ford Dump Model N-600, Serial No. N60CU460980 (DPW Veh. No. 41) for a net price of $7,200.00, 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: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #707-72 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 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 Plan- ner 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 Depart- ment 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 and Nash. NAYS: Ventura, Raymond and Milligan. The President declared the resolution adopted. 13.150 By Councilman McCann, seconded by Councilman Ventura, it was #708-72 RESOLVED, that having considered a communication from the Director of Public Safety-Fire, dated July 7, 1972, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby authorize the Division of Fire to do all things necessary for the purpose of advertising and, thereafter, obtaining bids in order to purchase three Portable Radios, such bids to be taken in accordance with provisions of law and City Ordinance; further, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $3,000.00 from the 1966 Fire Department Headquarters Bond Issue for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #709-72 RESOLVED, that having considered a communication from the City Engineer dated July 20, 1972, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the bid of Hewlett-Packard for supplying the City with a Programable Calcula- tor, Model 9810A, opt. 004 (local stock) for the price of $4,158.00, the same having been in fact the lowest bid meeting specifications received for this item. A roll call vote was taken on the foregoing resolution with the following result' AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #710-72 RESOLVED, that having considered a communication from the Mayor dated June 8, 1972 with regard to certain fiscal matters of the Livonia Housing Commission, the Council does hereby authorize the transfer of the sum of $4,300.31 from the Unexpended Fund Balance Account to the Operating Fund of the Livonia Housing Commission in order to offset the deficit caused by the overpayment Of the Secretary's salary for the period commenr'- ing October 1, 1970 to December 31, 1971; further, the Council does hereby authorize the appropriation of the sum of $841.36 from the $280,000,00 V General Obligation Senior Citizens Housing Bond Issue to be transferred to the Operating Fund of the Livonia Housing Commission for the reason and in the manner indicated in the aforesaid communication; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. 13151 By Councilman Milligan, seconded by Councilman McCann, it was #711-72 WHEREAS, it is necessary to locate, establish, construct and enclose a branch, said branch to be known as Livonia Drain No. 10 Extension & Branches, within the drainage district of an existing County Drain, known as the Livonia Drain #2, to be located entirely within the limits of the City of Livonia, the location of said extension and branches being as follows: An enclosed extension beginning at the existing enclosed drain at the east line of Middle Belt Road, approximately 920 feet south of the North line of Section 23; and pro- ceeding thence northwesterly 350 feet to a point approx- imately 790 feet south of said North line; thence westerly approximately 1050 feet, parallel to and approximately 790 feet south of said North line; thence northwesterly approx- imately 180 feet to a connection with the existing culvert crossing Hoy Road. Also an enclosed branch starting at the proposed enclosed extension crossing Beatrice Ave; and proceeding thence north along Beatrice Avenue approximately 200 feet. Also an enclosed branch starting at the proposed enclosed extension crossing Hoy Road; and proceeding thence wester- ly along Hoy Road approximately 400 feet to a point in Melvin Avenue; thence northerly along said Melvin Avenue approximately 250 feet from said point; also southerly along said Melvin Ave. 150 feet from said point. AND WHEREAS, in the opinion of the City Council, the location, establishing, constructing and enclosing of said extension and branches is necessary for the public health of the City of Livonia, and the entire cost thereof, except that part representing benefits to State and County highways, should be assessed against the City of Livonia for public health; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, (the Drain Code of 1956) provides a feasible method of financ- ing the cost of said extension and branches where the same is necessary for the public health of. the City and where the entire cost of the same is to be assessed wholly against public corporations, as defined in said Chapter 20: AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1965, as amended, provides as follows: "Sec.486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such public corporation only". 13152 NOW, THEREFORE, BE IT RESOLVED THAT* 1. The City Council, for and on behalf of the City of Livonia, does hereby consent, to the making of the provisions of Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing, constructing and enclosing of the extension and branches set forth in the preamble hereof, and does hereby consent to the location, establishing, constructing and enclosing of the same pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed extension and branches set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign, for and on behalf of the City of Livonia, a petition praying for the location, establishing, constructing and enclosing of the same, as set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #712-72 RESOLVED, that having considered a communication from the City Engineer dated July 17, 1971, approved by the Director of Public Works and approved for submission by the Mayor, wherein it is proposed that the Henry Ford Centennial Field Parking Lot and driveway areas be improved in the manner indicated in a prior report dated January 29, 1972, and as recommended in action taken by the Parks and Recreation Commission in its meeting of July 10, 1972, which work is estimated to be $69,000.00, including contingencies, engineering and inspection as follows: Area A Driveway at Ice Rink $ 4,300.00 Area B North Parking Lot 33,300.00 Area C Connecting driveway between North and South Parking Lots 3,000.00 Area D South Parking Lot 24,100.00 Area E Access Road from Stark Road to South Parking Lot 4,300.00 TOTAL (all 5 areas) $69,000.00, 13153 the Council does hereby determine to concur in the said recommendation and. for this purpose does hereby appropriate and authorize an expenditure not to exceed $69,000.00 from the 4.4 Million Dollar Parks and Recreation Bond Issue in order to complete this work; further, the Council does hereby authorize adding this work to the City's current contract with the Detroit Concrete Products Corporation, low bidder for the 1972 Miscellaneous Residential Street Paving Program, on the basis of the unit prices previous- ly accepted, 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: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #713-72 RESOLVED, that having considered a communication from the City Clerk dated July 26, 1972, wherein a request is submitted for an additional appropriation required to cover postage costs for the current fiscal year, the Council does hereby authorize the transfer of the sum of $3,000.00 from Account No. 000-398 to Account No. 263-730 for this purpose. L A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The communication dated July 3, 1972 from the Planning Commission, in response to CR-246-72, relative to Deering Avenue widening, north of Curtis, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #714-72 RESOLVED, that having considered the report from the City Engineer dated July 17, 1972 and before determining to improve Deering Avenue between Vassar and Bretton to a 31 foot wide deep strength asphalt pave- ment with concrete curbs and gutters, including in said report a 27 foot wide improvement as an alternate, in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquen- cies, the number of parcels owned by public authorities, the number of L. 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 13154 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 Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #715-72 RESOLVED, that having considered a report from the City Engineer dated July 17, 1972, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the proposed improvement of Deering Avenue from Vassar to Bretton, the Council does hereby request the Department of Law to submit its report and recommendation concerning the employment of an appraiser for the purpose of obtaining right-of-way appraisals in connection with this project. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 29, 1972 pursuant to Council resolution No. 497-71 adopted on June 2, 1971 and a report dated June 27, 1972 pursuant to Council resolution No. 410-72, adopted on April 26, 1972 and in accord- '. ance 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 improvement of Cavell Avenue (Five Mile To Meadowbrook) in Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on April 24, 1972 pursuant to Council resolution No. 229-72, 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 for the proposed improvement. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond and McCann. NAYS: Milligan, Bennett, Brown and Nash. The President declared the resolution DENIED. By Councilman Bennett, seconded by Councilman Ventura, it was RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 27, 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 on April 24, 1972, after due notice as required by Section 2-507 of said Code, and after careful consideration having been 13155 given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code, determine to make the road improvement on Cavell Avenue (Five Mile Road to Meadowbrook) in Section 24, T. 1 S., R. 9 E., on the basis of base stabilization with a 1-1/2" asphalt concrete surface, and does hereby request the City Assessor to prepare an Assessment roll for the same. By Councilman Milligan, seconded by Councilman Raymond, it was #716-72 RESOLVED, that the Council does hereby determine that with respect to the proposed Special Assessment proceedings for the improvement on Cavell Avenue (Five Mile Road to Meadowbrook) in Section 24, T. 1 S., R. 9 E., to refer the same to the Study Session of the Council to be conducted on August 21, 1972. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, Bennett, Brown and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #717-72 RESOLVED, that the Council having considered a communication dated June 27, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed improvement of Bretton Road (Middlebelt Road to Purling- brook) in Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special. assessment and what part, if any, should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of June 27, 1972 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, October 9, 1972 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which Public Hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. 13156 By Councilman Milligan, seconded by Councilman McCann, it was #718-72 RESOLVED, that having considered a communication dated June 19, 1972 from the City Planning Commission, which transmits its resolution No, 6-156-72 adopted by the Commission on June 6, 1972 with regard to Petition No. 72-2-2-3, submitted by John F. S. Yee requesting permission to operate a restaurant as a waiver use on property zoned C-2 located on the south side of Eight Mile Road between Farmington Road and Gill Road in the Northeast 1/4 of Section 4, the Council does hereby concur in the recom- mendation made by the City Planning Commission and Petition No. 72-2-2-3 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; further, the petitioner shall submit a site and landscape plan to the City Planning Commission within six months for its approval and thereafter to be submitted to the City Council for its approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett and Brown, NAYS: Ventura, Raymond and Nash. The President declared the resolution adopted, By Councilman Ventura, seconded by Councilman Milligan, it was #719-72 RESOLVED, that having considered a communication dated May 9, 1972 from the City Planning Commission, which transmits its resolution No. 4-123-72 adopted by the Commission on April 25, 1972 with regard to Petition No. 72-4-2-7 submitted by Dennis Novara 'requesting permission to construct and operate an automatic car wash as a waiver use on property zoned C-2,located on the south side of Grand River between Inkster Road and Rensellor in the Northeast 1/4 of Section 1, the Council does hereby reject the recom- mendation of the City Planning Commission and the said Petition No. 72-4-2-7 is hereby approved and granted on the basis that the proposed Site Plan must be approved by the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Milligan, McCann and Nash. NAYS: Bennett and Brown. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication from the Civil Service Commission dated July 21, 1972, which transmits a resolution adopted on July 18, 1972, wherein the Commission did recommend that pay rates for Special Police Classifications in the Department of Public Safety be increased in the following manner: 13157 Classification Present Proposed Hourly Rate Hourly Rate Special Policeman $ 2.50 $ 3.50 Special Police Sergeant 2.65 4.03 Special Police Lieutenant 2.80 4.63, the Council does hereby determine to concur in and approve of such action; further, such wage increase to be effective July 31, 1972. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that the foregoing resolution be amended so as to make the action taken therein retroactive to the extent that it will cover pay earned as of this date but not disbursed. A roll call vote was taken on the amendment as follows: AYES: Ventura, Raymond, McCann and Nash. NAYS: Milligan, Bennett and Brown. The President declared the amendment adopted. A roll call vote was taken on the resolution, as amended, as follows: #720-72 RESOLVED, that having considered a communication from the Civil Service Commission dated July 21, 1972, which transmits a resolution adopted on July 18, 1972, wherein the Commission did recommend that pay rates for Special Police Classifications in the Department of Public Safety be increased in the following manner: Classification Present Proposed Hourly Rate Hourly Rate Special Policeman $ 2.50 $ 3.50 Special Police Sergeant 2.65 4.03 Special Police Lieutenant 2.80 4.63, the Council does hereby determine to concur in and approve of such action; further, such salary increases shall be retroactive to the extent that it will cover pay earned as of this date but not disbursed. A h the following result: AYES: Ventura, Raymond, McCann, Bennett and Nash. NAYS: Milligan and Brown. The President declared the resolution, as amended, adopted. 13158 By Councilman Milligan, seconded by Councilman Ventura, and unanimously Ladopted, it was #721-72 RESOLVED, that having considered the communications from the Water and Sewer Board dated July 7, 1972, approved for submission by the Mayor, which transmits their resolution No. WS 1617 6/72 and No. WS 1618 6/72 to which is attached a letter dated June 26, 1972 from the Board of Water Commissioners, City of Detroit, wherein it is recommended that based upon an increase of rates implemented by the City of Detroit that the Livonia water rate be increased to $2.60 per 1000 CF, etc., which shall become effective on all bills rendered on or after October 1, 1972, the Council does hereby request the Department of Law to prepare an appropriate amendment to Section 5-408 of the Livonia Code of Ordinances in order to implement this action. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #722-72 RESOLVED, the Council does hereby determine to refer the entire question of the increase of water rates implemented by the City of Detroit to a Committee of the Whole meeting to be conducted on August 22, 1972 at 8:00 p. m., further, the Mayor, the City Attorney, and the Water and Sewer Board are requested to be present at the same. By Councilman ' Brown, seconded by Councilman McCann, it was #723-72 RESOLVED, that having considered a communication from the City Planning Commission dated July 17, 1972, which transmits its resolution No. 6-178-72 adopted by the Commission on June 27, 1972 with regard to Petition No. 72-5-8-7 submitted by Charles W. Allen Real Estate, Inc. requesting use and site plan approval for the proposed enlargement of the Charles W. Allen Real Estate building located on the west side of Farming- ton Road, north of Five Mile Road in the Southeast 1/4 of Section 16, the Council does hereby, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, reject the recommendation of the Planning Commission and Petition No. 72-5-8-7 is hereby approved. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #724-72 RESOLVED, that having considered the report and recommendation of the City Engineer dated July 3, 1972, approved by the Director of Public Worksand approved for submission by the Mayor, the Council does hereby amend Item No. 8 of Council Resolution No. 1225-69 adopted on November 3, 1969, so as to reduce the Sidewalk Bond now on deposit with the City of Tiffany Park Subdivision No. 5 to $4,400.00, of which $2,000.00 shall be in 13159 cash, to cover the installation of remaining sidewalks; further, the financial assurances now on deposit with the City for general improvements 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: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The communication dated July 12, 1972 from the City Planning Commission, which transmitted a study entitled Plymouth Road Beautification Plan, Phase I, was received and filed for the information of the Council. The communication from Messrs. M. Gargaro and A. Corsi, dated July 17, L972, requesting sewer installation at the northwest corner of Five Mile Road and Harrison, was received and filed for the information of the Council. The communication dated July 24, 1972, from Mr. Allan B. Perrin, with respect to Inter-District School Busing, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #725-72 RESOLVED, that the Council does hereby request that the Depart- ment of Law prepare an amendment to Section 4-401 of the Livonia Code of Ordinances so as to delete therefrom the prohibition of a licensee serving alcoholic beverages in the concourse area of bowling alleys, the same to thereafter be submitted to the City Council for its consideration. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6-169 OF TITLE 6, CHAPTER I (TRAFFIC ORDI- NANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 13160 By Councilman Brown, seconded by Councilman Ventura, it was #726-72 RESOLVED, that having considered a communication from the City Engineer dated July 12, 1972, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the 1972 Residential Street Paving Program, to which is attached a copy of a com- munication dated July 7, 1972 from the County Highway Engineer of the Board of Wayne County Road Commissioners, the Council takes this means to set forth its commitment that the City will assume their share of the costs required in making residential concrete approaches at the time road improvements are scheduled for the widening of Merriman and Inkster Roads to their ultimate width in the manner indicated and for the reasons set forth in the aforesaid communications. A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #727-72 RESOLVED, that having considered a communication from the Person- nel Director dated July 11, 1972, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on July 5, 1972, wherein the Commission did recommend a change in the Master Medical Coverage for City employees (Option 1), 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: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The communication dated July 18, 1972 from Wesley O. Walker, 31534 Perth, 1 vonia, with respect to Sidewalk Improvements in the City, was received and filed for the information of the Council. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #728-72 RESOLVED, that having considered a communication from Mr. Paul Roderick wherein it is proposed that the City provide for rental by Livonia residents space adjacent to the City's ice rink(s) to be used for the storage and parking of recreational vehicles, trailers, boats, etc., the Council does hereby request that the Mayor submit his report and recommendation with regard to the same. 13161 By Councilman Milligan, seconded by Councilman Ventura, it was #729-72 RESOLVED, that having considered a communication dated September 28, 1971 from the City Planning Commission, which transmits its resolution No. 9-254-71 adopted by the Commission on September 21, 1971 with regard to Petition No. 71-7-2-26 submitted by Rodney C. Kropf, Attorney for Rocco and Adelia Corsi requesting permission for a Class C Liquor License as a waiver use on property zoned C-2 and P-1 located on the north side of Seven Mile Road between Lathers and Angling in the Southeast 1/4 of Section 1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 71-7-2-26 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. A roll callvote 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 Bennett, seconded by Councilman Ventura, it was #730-72 RESOLVED, that the Council of the City of Livonia hereby approves of the following meeting payment schedule for members of the Zoning Board of Appeals as permitted under the laws of the State of Michigan, Public Acts of 1941 as amended by Public Acts of 1968, No. 202, for cities having a population in excess of 90,000 as determined by the last Federal Decennial Census and as provided for in Ordinance No. 543: Regular Meetings attended - $10.00 each Special Meetings attended - $10.00 each And hereby directs the City Clerk and the Treasurer to make such payments for the budget year 1971-72 to the Members of the Zoning Board of Appeals in the manner heretofore established. and further, that the Budget Director is hereby requested to provide the Council with the necessary resolution to affect the necessary transfer of funds to accomplish said payments. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The following resolution was unanimously introduced, supported and adopted.: #731-72 RESOLVED, that the Council does hereby request that the Director of Public Works submit a report and recommendation on what steps, if any, can be taken to improve the air quality control of facilities being 13162 operated by the Ford Motor Company and the Chevrolet Division and Fisher Body Division of the General Motors Corporation in Livonia, which facilities were reported in an article published in the Detroit Free Press on July 24, 1972 to have deposited the following amounts of air contaminants in 1971• Tons of Tons of Source Sulfur Dioxide Particulates Ford Motor Co. 1,570 240 Chevrolet 660 496 Fisher Body 148 .- - . By Councilman Ventura, seconded by Councilman Raymond, it was #732-72 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated June 27, 1972, and the report and recom- mendation dated July 26, 1972 from the Chief of Police, in connection therewith, the Council does hereby approve of the request from Jacqueline Vee Maisano for a new SDM License to be located at 32854 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #733-72 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated April 14, 1972, and the report and recom- mendation of the Chief of Police dated July 24, 1972, in connection there- with, the Council does hereby approve of the request from Charles B. and Judith A. Winnard and the Southland Corporation as Co-Licensees to drop Raymondo and Consuelo Garcia and add Charles B. and Judith A. Winnard as partners on 1971 SDM License located at 38340 Joy Road, Livonia, Michigan, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bennett, it was 13163 #734-72 RESOLVED, that having considered a communication from the Depart- ment of Law dated July 27, 1972 transmitting for Council acceptance 4 Grants of Easements executed by Newburgh Plaza, a Michigan co-partnership, which convey to the City certain easements in connection with its develop- ment located at Six Mile Road and Newburgh Road in the City of Livonia, and which Grants are more particularly described as: 1. Grant of Easement executed on July 19, 1972 by Stuart Frankel, Partner, Newburgh Plaza, a Michigan co-partnership, conveying: An easement 30 ft. in width over and across that portion of land situated in the City of Livonia, Wayne County, Michigan, being a part of the N. W. 1/4 of the N. W. 1/4 of Section 17, T. 1 S., R. 9 E., more particularly described as: Beginning at the intersection of the south line of the Six Mile Road (120 ft.wd.) with the East line of Newburgh Road (120 ft.wd.), thence S. 89° 35' 20" E. along the South line of the Six Mile Road, 51.20 ft. to a point; thence S.53°43' 37"E., 55.12 ft. to a point; thence S. 0°04'00"E., 137.71 ft. to a point; thence S. 89° 35' 20"E., 870.76 ft. to a point; thence S. 0° 06' 15" W., 435.21 ft. to a point, thence N. 89° 22' 20" W., 30.00 ft. to a point; thence N. 0°06' 15" E., 405.09 ft. to a point; thence N. 89° 35' 20" W., 870.67 ft. to a point; thence N. 0°04'00" W., 152.29 ft. to a point; thence N. 53°43'37" W., 81.44 ft. to the point of beginning. (storm sewer easement) 2. Grant of Easement executed on July 19, 1972 by Stuart Frankel, Partner, Newburgh Plaza, a Michigan co-partnership, conveying: Sanitary Sewer Easement (extending south from Six Mile Road) An easement 12 ft. in width over and across that portion of land situated in the City of Livonia, Wayne County,Michigan, being a part of the N.W. 1/4 of the N. W. 1/4 of Section 17, T. 1 S., R. 9 E., more particularly described as: Beginning at a point on the south line of the Six Mile Road, (120 Ft.wd.), said point being S. 89°35'20" E., 966.87 ft, measured along the south line of said road from the East line of Newburgh Road (120 ft.wd.), thence continuing S. 89° 35' 20" E., 12.00 ft. to a point; thence S. 0°06'15" W., 605.26 ft. to a point; thence N. 89°22'20" W., 12.00 ft. to a point; thence N. 0° 06' 15" E., 605.21 ft. to the point of beginning. (extending west from west end of Whitcomb Avenue) An easement 12 ft.in width over and across that portion of land situated in the City of Livonia, Wayne County, Michigan, being a part of the N. W. i/4 of the N. W. 1/4 of Section 17, T. 1 S., R. 9 E., more particularly described as: 13164 Beginning at a point on the West line of Kingsbury Heights Sub'n.No. 3 (L. 90, P. 12, 13 & 14 Plats, W.C.R.) said point being S. 0° 06' 15" W., 470.00 ft. from the South line of the Six Mile Road (120 ft. wd.); thence continuing S. 0° 06' 15" W., 12.11 ft. to a point; thence N.81°59'55" W., 302.86 ft. to a point; thence N. 0°06'15" E., 12.11 ft. to a point; thence S. 81° 59' 55" E., 302.86 ft. to the point of beginning. 3. Grant of Easement executed on July 19, 1972 by Stuart Frankel, Partner, Newburgh Plaza, a Michigan co-partnership, conveying. Water Main Easement (South Side Six Mile Road) An easement over that portion of land situated in the City of Livonia, Wayne County, Michigan, being a part of the N. W. 1/4 of the N. W. 1/4 of Section 17, T. 1 S., R. 9 E., more particularly described as: Beginning at a point on the South line of Six Mile Road (120 ft. wd.), said point being S. 89° 35' 20" E., 370.0 ft. measured along the South line of said road from the East line of Newburgh Road (120 ft. wd. ); thence con- tinuing along said South line of Six Mile Road, S. 89° 35' 20" E., 566.87 ft. to a point; thence S. 86° 57' 21" W., 497.77 ft. to a point; thence N. 89°35' 20" W., 70.0 ft. to a point; thence N. 0° 24' 40" E., 30.0 ft. to the point of beginning. Water Main Easement An easement 12 ft. in width over and across that portion of land situated in the City of Livonia, Wayne County, Michigan, being a part of the N. W. 1/4 of the N. W. 1/4 of Section 17, T. 1 S., R. 9 E., more particularly described as: Beginning at a point on the East line of Newburgh Road 120 ft. wd., said point being S. 0° 04' 00" E., 341.61 ft. measured along the East line of said road from the South line of the Six Mile Road (120 ft.wd.); thence S. 0° 04' 00" E., 12.00 ft. to a point, thence S. 89° 22' 20" 964.46 ft. to a point; thence S. 77° 27' 05" E., 136.26 ft. to a point; thence S. 89° 53' 45" E., 168.31 ft. to a point on the West line of Kingsbury Heights Subd'n. No. 3; thence N. 0° 06' 15" E. along the West line of said Subdivision, 12.00 ft. to a point; thence N. 89° 53' 45" W., 167.00 ft. to a point; thence N. 77° 27' 05" W., 136.20 ft. to a point; thence N. 89° 22' 20" W., 965.86 ft. to the point of beginning. 4. Grant of Easement executed on July 19, 1972 by Stuart Frankel, Partner, Newburgh Plaza, a Michigan co-partnership, conveying: 1316 5 Easement for ingress and egress, Sewer, Storm Sewer and Public Utilities. An easement over and across that portion of land situated in the City of Livonia, Wayne County, Michigan, being a part of the N. W. 1/4 of the N. W. 1/4 of Section 17, T. 1 S., R. 9 E., and being more particularly described as: Beginning at a point on the South line of the Six Mile Road (120 ft. wd.), said point being S. 89°35'20" E., 966.87 ft. measured along the south line of said Six Mile Road from the East line of Newburgh Road (120 ft. wd. ); thence S. 0° 06' 15" W. 605.21 ft. to a point; thence N. 89°22'20" W., 30.00 ft. to a point; thence N. 0°06'15" E. 6.00 ft. to a point; thence N. 89° 22' 20" W. 321.01 ft. to a point; thence S. 0° 04' 00" E., 6.00 ft. to a point; thence N. 89°22'20" W. 12.00 ft. to a point; thence N. 0°04'00" W., 6.00 ft. to a point; thence N. 89° 22' 20" W. 527.10 ft. to a point of curve; thence westerly on a curve concave to the northeast 39.52 ft. measured along the arc of said curve to a point of reverse curve, said curve having a radius of 104.33 ft. and a central angle of 21° 42' 16", thence westerly on a curve concave to the southwest 35.27 ft. measured along the arc of said curve to a point of tangent, said curve having a radius of 93.11 ft. and a central angle of 21° 42' 16"; thence N.89° 22' 20" W. 2.15 ft. to a point on the east line of Newburgh Road (120 ft.wd); thence continuing along the east line of said Newburgh Road, N. 0° 04' 00" W. 30.00 ft. to a point; thence S. 89°22'20" E., 2.51 ft.. to a point of curve; thence southeasterly along a curve concave to the southwest 39.01 ft. measured along the arc of said curve to a point of reverse curve, said curve having a radius of 71.63 ft. and a central angle of 31°12'06"; thence southeasterly along a curve concave to the northeast 36.27 ft. measured along the arc of said curve to a point of tangent, said curve having a radius of 66.61 ft., and a central angle of 31°12'06"; thence S. 89° 22' 20" E. 861.29 ft. to a point; thence N. 0° 06' 15" E. 575.09 ft. to a point on the south line of the Six Mile Road (120 ft. wd); thence along the south line of said Six Mile Road, S. 89° 35' 20" E. 30.00 ft. to the point of beginning. the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Grants of Easements, and the Mayor and the City Clerk are hereby requested to affix their signatures to the aforesaid documents, further, the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, and further, the City Clerk is hereby also requested to send copies of the aforesaid Grants of Easements, after acceptance by the Council and recordation by the Register of Deeds, to the Grantor thereof, with recording data. A roll call vote was taken on the foregoing resolution with the following result AYES- Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS. None. 13166 By Councilman Ventura, seconded by Councilman Bennett, it was L #735-72 RESOLVED, that having considered a communication dated July 25, 1972 from the Department of Law transmitting for acceptance a Grant of Easement dated July 18, 1972, executed by A. W. Miller, Incorporated, by its president, A. W. Miller, conveying: That part of the N. W. 1/4 of Section 29, T. 1 S. R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as follows: Beginning at a point distant E. along the E/W 1/4 line of said Section 29, 533.02 feet and N., 63.00 ft. from the W. 1/4 corner of said Section 29 and proceeding thence N., 20 ft.; thence W., 160 ft.; thence S., 20 ft; thence E., 160 ft. to the point of beginning. (extension of a sanitary sewer) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded with 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: L AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Milligan, it was #736-72 RESOLVED, that having considered a communication dated July 31, 1972 from the Michigan Liquor Control Commission with regard to an application from David A. Perry, Attorney, on behalf of E. Ray Wise, 32643 Five Mile Road, Livonia, Michigan, for a new full year Class "C" License to be located at 11701 Merriman Road, Livonia, Michigan, the Council does hereby determine to refer the same to its Committee of the Whole for its consideration along with all other such applications. A 'coil call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Brown and Nash. NAYS: *Ventura and *Bennett. Lh:! President declared the resolution adopted. *Councilman Ventura and Councilman Bennett made the following statement L Our 'no' votes are cast because we feel that the petitioner should be afforded the opportunity to appear and present his plans. 13167 Councilman Ventura gave first reading to the following Ordinance: L AN ORDINANCE AMENDING SECTION 15 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. 72-2-1-10 FOR CHANGE OF ZONING FROM R-1 TO P. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein, The above Ordinance was placed on the table for consideration at the next regular meeting of the Council, Councilman Brown gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 20 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING L SECTION 3. THERETO. RE: PETITION NO. 72-2-1-9 FOR CHANGE OF ZONING FROM C-1 TO P.S. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 5 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. 72-3-1-14 FOR CHANGE OF ZONING FROM RUFC TO AG. The foregoing Ordinance, when adopted, if filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. 13168 Councilman Milligan invoked the Emergency Clause and gave second reading Lto the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett 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. 71-12-1-75 FOR CHANGE OF ZONING FROM R-1 TO P. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Loffice 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 AMENDING PARAGRAPH (kk) OF SECTION 5-901 THEREOF. _ Tt1e foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Milligan gave first reading to the following Ordinance. AN ORDINANCE ADDING ARTICLE XXX, ENTITLED C-3 DISTRICT REGULATIONS TO ORDINANCE NO. 543, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS "CITY OF LIVONIA ZONING ORDINANCE". PETITION 71-3-6-2 13169 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Loffice of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2.10 OF ARTICLE II OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY AMEND- ING PARAGRAPH (18) THEREOF. (PETITION 71-12-6-9) 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 Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING ARTICLE XX OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (PETITION NO. 72-1-6-1) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Bennett, sec onded by Councilman Milligan, and unanimously adopted, it was #737-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 4, 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 July 24, 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; 13170 (2) determine to make the improvement consisting of the proposed installation of the Inkster Road Water Main Extension in the East 1/2 of Section 25, 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 4, 1972; (4) determine that the estimated cost of such improvement is $60,800,00; (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 $30,400.00 and that the balance of said cost and expense of said public improvement amounting to $30,400.00 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such 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 Northeast 1/4 of Section 25, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described. as the following described parcels: 25Alalb 25Alalacl 25A1a2a 25ala,3ala,B4ala 2a2a,3a2a 25B4a2a 25A1a2b 25A1b,A2b 25A4 2a2b,3a2b A3b, B4b B5 25B4a2b C4 25A5a2 25A5a1 ,A5b 25A6a B6b2, C5 B6a, B6b1 25B7a 25C6a 13171 25A6b,7b, 25A7a 25A8 B7b,8 25B9 C6b,7 2508 25A9 25b OLA of Schanhite's Marquette Manor 25B10 Subdivision. 25C9; (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, it was #738••72 WHEREAS, pursuant to due and proper notice, published and mailed. to all property owners in Special Assessment District No. 113 for the proposed improvement of Arcola Avenue from Meadowbrook to Five Mile Road and the related side streets (Howell and Meadowbrook) in the N. E. 1/4 of Section 24, City of Livonia, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on July 24, 1972 at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 113; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED,THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated May 24, 1972, in the amount of $94,015.28, 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; 13172 (2) Said Special Assessment Roll No. 113 is hereby approved and confirmed in all respects; Imp (3) the amount of said roll shall be divided into ten (10) equal annual installments with interest at a rate not to exceed six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1973. In such cases where the installments 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, 1973 and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty (60) days from December 1, 1973 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1973 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1973 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) ' day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. 13173 By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #739-72 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, October 9, 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. 72-4-6-9 submitted by the City Planning Commission, pursuant to Council resolution No. 218-72, to amend Section 9.03 and 10.03 of Ordinance No. 543, the Zoning Ordinance, by adding a new sentence to the waiver use section in the P. S. District and a new paragraph to the waiver use section in the C-1 District to provide special regulations for fraternal or religious organizations, the City Planning Commission having in its resolution No. 6-177-72 recommended to the City Council that Petition No. 72-4-6-9 be approved; 2. Petition No. 72-4-1-22 submitted by Joseph St. Cyr for Christ C. Mugianis for a change of zoning of property located on the south side of Plymouth Road between Levan and Yale in the Northeast 1/4 of Section 32, from RUF to C-2, the City Planning Commission having in its resolution No. 6-179-72 recommended to the City Council that Petition No. 72-4-1-22 be approved; 3, Petition No. 72-5-1-28 submitted by Donald C. Deremo, Attorney, for George Khamis for a change of zoning of property located on the northwest corner of Seven Mile Road and Fitzgerald in the Southwest 1/4 of Section 5, from RUF to C-2, the City Planning Commission having in its resolution No. 6-170-72 recommended to the City Council that Petition No. 72-5-1-28 be denied; 4. Petition No. 72-5-1-29 submitted by the City Planning Commission, pursuant to Council resolution No. 446-72, for a change of zoning of property located south of Ann Arbor Road on the east side of Knolson in the Southwest 1/4 of Section 31, from C-1 to R-1, the City Planning Commission having in its resolution No. 6-171-72 recommended to the City Council that Petition No. 72-5-1-29 be approved; further, the City Clerk is hereby requested to no less than fifteen (15 ) days prior to the aforesaid date of said public hearing to cause to have a statement indicating the nature of the proposed amendment to the Zoning 13174 Ordinance and location of the proposed changes 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 Milligan, and unanimously adopted, it was #740-72 RESOLVED, that having considered a communication from the City Planning Commission dated July 17, 1972, which transmits its resolution No 6-175-72 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 delete property located approximately 300 feet north of Greenwood Farms Subdivision in the East 1/2 of Section 18, the Council does hereby determine to acknowledge the receipt of the same. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #741-72 RESOLVED, that having considered a communication from the City Planning Commission dated July 17, 1972, which transmits its resolution No. 6-176-72 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 designate the south 350 feet of the east 1,000'of Parcel 32b1 as a parksite in addition to said parcel being already designated as a school site, the Council does hereby determine to acknowledge the receipt of the same. By Councilman Milligan, seconded by Councilman Brown, and unanimously d.doptud it was #742-72 RESOLVED, that having considered Petition No. 72-7-3-7 submitted by Hinks, Knight & Putnam, Attorneys, for Manufacturers National Bank of Detroit, wherein a request is made for the vacating of a certain easement located in Section 19, 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 Raymond, seconded by Councilman Ventura, it was #743-72 RESOLVED, that having considered the report and recommendation dated July 17, 1972 from the City Engineer, approved by the Director of Public Works and approved for submissibn by the Mayor, and the attached application and certificate for the same dated June 19, 1972, as well as the 13175 recommendation of the architectural firm of Ralls-Hamill-Becker Associates Inc., as set forth in its letter dated July 13, 1972, the Council does hereby authorize Final Payment in the amount of $6,724.00 to Demers Electric Company, which sum includes the full and complete balance due on a contract dated December 2, 1970, in the amount of $65,625.00 and also the sum of $1,615.00 for additional work performed by the aforesaid company, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifi- cations, and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed; 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: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #744-72 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 September, 1972: Wednesday, September 13, 1972 Wednesday, September 27, 1972. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #745-72 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 Ventura, seconded by Councilman Bennett, it was #746-72 RESOLVED, that having considered a communication dated May 9, 1972 from the City Planning Commission which sets forth its resolution No 4-118-72 with regard to Petition No. 72-3-1-16 submitted by the City Plan- ning Commission on its own motion for a change of zoning on property located on the west side of Merriman Road, north of Schoolcraft Road in the Southeast 1/4 of Section 22, from P. L. to P. S. , and the Council having conducted a public hearing with regard to this matter on August 7, 1972, pursuant to Council resolution No. 549-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-3-1-16 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended., in accordance with this resolution. 13176 A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #747-72 RESOLVED, that having considered a communication dated March 24, 1972 from the City Planning Commission which sets forth its resolution No. 3-73-72 with regard to Petition No. 72-1-1-3 submitted by McClow Realty Company for a change of zoning on property located on the west side of Merriman Road, north of Schoolcraft Road in the Southeast 1/4 of Section 22, from P.L. to C-1, and the Council having conducted a public hearing with regard to this matter on August 7, 1972, pursuant to Council resolu- tion No. 549-72, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 72-1-1-3 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #748-72 RESOLVED, that having considered a communication dated May 9, 1972 from the City Planning Commission which sets forth its resolution No. 4-117-72 with regard to Petition No. 72-3-1-15 submitted by the City Plan- ning Commission on its own motion for a change of zoning on property located on the south side of Ann Arbor Road, west of Knolson Avenue in the Southwest 1/4 of Section 31, from C-1 to R-1, and the Council having conducted a public hearing with regard to this matter on August 7, 1972, pursuant to Council resolution No. 549-72, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 72-3-1-15 is hereby denied. roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Brown and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that having considered a communication dated May 9, 1972 from the City Planning Commission which sets forth its resolution No. 4-117-72 with regard to Petition No. 72-3-1-15 submitted by the City Planning Commission on its own motion for a change of zoning on property 13177 located on the south side of Ann Arbor Road, west of Knolson Avenue in the Southwest 1/4 of Section 31, from C-1 to R-1, and the Council having conducted a public hearing with regard to this matter on August 7, 1972, pursuant to Council resolution No. 549-72, the Council does hereby request that the City Planning Commission submit a report and recommendation concerning the feasibility of rezoning approximately four acres located in the southerly portion of Bureau of Taxation Parcel No. 31R1 to the RUF Zoning Classification. Aroll call vote was taken on the foregoing resolution with the following result AYES: Ventura and Milligan. NAYS: Raymond, McCann, Bennett, Brown and Nash. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Milligan, it was #749-72 RESOLVED, that having considered a communication dated May 9, 1972 from the City Planning Commission which sets forth its resolution No. 4-120-72 with regard to Petition No. 72-3-1-20 submitted by the City Plan- ning Commission on its own motion for a change of zoning on property located on the south side of Eight Mile Road, west of Shadyside, in the Northwest 1/4 of Section 3, from C-2 and M-1, and C-2 and R-3 to P, and the Council having conducted a public hearing with regard to this matter. on August 7, 1972, pursuant to Council resolution No. 549-72, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 72-3-1-20 is hereby denied. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash, NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #750-72 RESOLVED, that having considered a communication dated May 9, 1972 from the City Planning Commission which sets forth its resolution No 4-124-72 with regard to Petition No. 72-3-6-7 submitted by the City Plan- ning Commission on its own motion to amend Section 17.02 of Ordinance No. 543, the Zoning Ordinance, to delete retail sales of new furniture when such use is accessory to a furniture warehouse establishment from permitted uses in the M-2 District, and the Council having conducted a public hearing with regard to this matter on August 7, 1972, pursuant to Council resolu- tion No. 549-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-3-6-7 is hereby approved and granted, and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. ;roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. 13178 By Councilman Milligan, seconded by Councilman Ventura, it was #751-72 RESOLVED, that having considered a communication dated May 9, 1972 from the City Planning Commission which sets forth its resolution No. 4-125-72 with regard to Petition No. 72-4-6-8 submitted by the City Plan- ning Commission on its own motion to amend Article XXVIII of Ordinance No. 543, Flood Plain District Regulations, so as to incorporate the U.S. Army Corp of Engineers' flood plain information report, and the Council having conducted a public hearing with regard to this matter on August 7, 1972, pursuant to Council resolution No. 549-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-4-6-8 is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance 'No, 543, as amended., in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result° AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman, Bennett, it was #752-72 RESOLVED, that having considered a communication dated May 23, 1972 from the City Planning Commission which sets forth its resolution No, 5-136-72 with regard to Petition No. 72-4-1-21 submitted by Eugene S. Hoiby for Denne Land Company, Inc., for a change of zoning on property located on the east side of Denne Avenue, south of Plymouth Road, in the Northwest 1/4 of Section 35, from RUF to P., and the Council having conducted a public hearing with regard to this matter on August 7, 1972, pursuant to Council resolution No. 549-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-4-1-21 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: ,Ventura, Raymond, Milligan, McCann, Bennett, Brown and *Nash. NAYS: None. *Councilman Nash made the following statement: Although I am a member of the Elks Lodge, I have no financial interest in the same. By Councilman Ventura, seconded by Councilman McCann, it was 13179 #753-72 RESOLVED, that having considered a communication dated May 23, 1972 from the City Planning Commission which sets forth its resolution No, 5-135-72 with regard to Petition No. 72-3-1-19 submitted by Tom O'Connor for Robert and Orianna M. Alli, for a change of zoning on property located on the west side of Farmington Road, south of Five Mile Road in the North- east 1/4 of Section 21, from R-2 to P.S., and the Council having conducted a public hearing with regard to this matter on August 7, 1972, pursuant to Council resolution No. 549-72, the Council does hereby concur with the recommendation of the Planning Commission and the said. Petition No. 72-3-1-19 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: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. *Councilman Milligan was excused at 9:53 p. m. By Councilman Ventura, seconded by Councilman Brown, it was #754-72 WHEREAS, the Council of the City of Livonia, on June 28, 1972, at a regular meeting of the Livonia City Council, did adopt a resolution supporting the local control of School Districts and opposing cross district busing, and WHEREAS, the City of Livonia as a governmental entity is directly involved and affected by any cross district busing plan, in that among other things it would have an immediate and dire effect upon the General Master Plan of our City, upon our recreation program, our industrial development, our bonding ability, our traffic control, our policing responsibilities, our land values, our tax base and the future growth of our community, and WHEREAS, all of this is the concern of this Council; NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Livonia pledges an amount not to exceed 10 cents per capita for the purpose of pursuing legal proceedings, either on our own volition or in conjunction with other Municipalities in Southeastern Michigan, in opposing any cross district busing plan. Provided however that sums pledged by the City of Livonia shall not exceed per capita sums pledged by other municipalities in the Tri-county Mayors Association for such purpose. P roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Bennett, Brown and Nash. NAYS: None. *Councilman Milligan returned at 10:00 p. m, 13180 By Councilman Milligan, seconded by Councilman Ventura, it was #755-72 RESOLVED, that having considered a communication from the City Engineer, dated August 9, 1972, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Century Cement Company for installing sidewalks and walkways under the 1972 Miscellaneous Sidewalk Program for the estimated total cost of $70,276.56 based on the Engineering Division's estimate of units of work involved and subject to final payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work, and the Council does hereby authorize an advance in an amount not to exceed $70,276.56 from the 9.8 Million Dollar Street and Road General Obligation Bond Issue, subject to reimbursement of the same to the extent made available for sidewalks installled from the proceeds received pursuant to the single lot assessments at such time as the same are collected; and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as completed, 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 resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, this 741st regular meeting of the Council of the City of Livonia, was duly adjourned at 10:10 P. M., August 16, 1972. ADDISON W. BA , y C erk.