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HomeMy WebLinkAboutCOUNCIL MINUTES 1958-09-22 Page 3570 MINUTES OF THE TWO HUNDRED FIFTY-SEVENTH REGULAR FETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 22, 1958, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President at approximately 8:33 P. M. Councilman McCann delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Sydney B. Bagnall, Rudolf n.Kleinert, Robert Sasser, Jack Salvadore and James R. McCann. Absent-- *Frank O'Neill. By Councilman Bagnall, seconded by CouncilmanSalvadore and unanimously adopted, it was #590-58 RESOLVED that, the minutes of the 256th regular meeting of the Council of the City of Livonia held September 15, 1958, are hereby approved. By Councilman Salvadore, seconded by Councilman Bagnall and unanimously adopted, it was #591-58 RESOLVED that, having considered the report of the Mayor dated September 15, 1958, which enclosed therein the complete Budget for the year commencing December 1, 1958, the Council does hereby refer the Budget to the Committee of the Whole for consideration. By Councilmen Salvadore, seconded by Councilman McCann and unanimously adopted, it was #592-58 RESOLVED that, the letter from the Mayor regarding office space in the City Hall be tabled to the next stucbr meeting of the Council. On request of the City Attorney, William N. Ponder, approved by the Council, the letter from the Department of Law regarding Five Mile Sanitary Sewer Extension was withdrawn from the agenda. By Councilman Bagnall, seconded by Councilman Sasser, it was #593-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated September 11, 1958, and the recom- mendation of the Budget Director dated September 16, 1958, the Council does hereby transfer from the Unappropriated Surplus the following sums: $200.00 to CPC Acct. # 7 - Postage 35.00 to CPC Acct. #3 - Office Supplies 100.00 to CPC Acct. #8 - Publishing 1,100.00 to CPC Acct. #lx - Clerical Page 3571 for a total transfer in the amount of $1,1. 35.00, which sum is to finance the conducting of a public hearing by the City Planning Commission on the rezoning of Sections 9, 10 and 11, and the North 1/2 of Sections 114, 15 and 16. A roll call vote was taken on the foregoing resolution with the following results AYES: Sasser, Salvadore, McCann, Bagnall, Kleinert and Grant. NAYS: None. On request of the City Attorney and with the consent of the Council, the revision of Ordinance No. 115 was withdrawn from the agenda. By Councilman McCann, seconded by Councilman Sasser and unanimously adopted, it was #594-58 RESOLVED that, the proposed ordinance dated September 16, 1958, to amend Article 10.00 of Zoning Ordinance No. 60, is hereby referred to the City Planning Commission for a public hearing pursuant to law, and report and recommendation thereon back to the City Council. *Councilman Frank O'Neill arrived at 8:18 P. M. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #595-58 RESOLVED that WHEREAS, the Post Office Department of the United States has determined by their own investigation the necessity of providing an air- mail facility at the Detroit Metropolitan Wayne County Airport, and WHEREAS, the Post Office Department based on this determination, entered into an agreement dated July 17, 1958 with the Board of County Road Commissioners of the County of Wayne, Michigan, to provide this airmail facility; and WHEREAS, since the date of this determination and execution of agreement by the Post Office Department, the Board of County Road Com- missioners of the County of Wayne, Michigan, has committed itself to provide facilities for various airlines which would increase the air traffic at the Detroit Metropolitan Wayne County Airport approximately fifty per cent (50%), and WHEREAS, the Board of County Road Commissioners of the County of Wayne, Michigan, has proceeded in good faith and expended funds for the establishment of an airmail facility at this airport, and WHEREAS, the President's Airport Use Panel in its memorandum report of 1955 determined that the Detroit Metropolitan Wayne County Airport be utilized as the major civil air terminal servicing the Detroit Metropolitan area, and Page 3572 WHEREAS, the Detroit Metropolitan Wayne County Airport pre- dominantly serves and is advantageous to the citizens of the City of Livonia, NOW, THEREFORE, BE IT RESOLVED: That the Council of the City of Livonia respectfully and strongly protests the Post Office Department's recision of its determination and agreement to provide airmail handling facility at the Detroit Metropolitan Wayne Couhty Airport and hereby respectfully requests reconsideration of their previous intent to provide such airmail facility. By Councilman Kleinert, seconded by Councilman Sasser, it was #596-58 RESOLVED that, the question of issuance of a license to Raymond Schreiber for a Drive-In Theater be reconsidered at this time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, O'Neill, Bagnall, Kleinert and Grant. NAYS: McCann. The President declared the resolution adopted. By Councilman Salvadore, seconded by Councilman Sasser, it was RESOLVED that, having considered the report and recommendation of the City Planning Commission dated August 26, 1958, on Petition No. I-107b of Raymond Schreiber requesting permission to erect a drive-in theater at Plymouth and Levan Roads in the Southwest 1/4 of Section 29, the Council does herein approve the City Planning Commission recommend- ation subject to the petitioner Raymond Schreiber complying with the conditions set forth in the City Planning Commission recommendation, and does herein authorize the issuance of a license to the petitioner Raymond Schreiber by the City Clerk pursuant to the provisions of Ordinance No.193. By Councilman Bagnall, seconded by Councilman Kleinert, it was reschred that the foregoing resolution be amended to read as follows: #597-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated August 26, 1958, on Petition No. M-lO7b of Raymond Schreiber requesting permission to erect a drive-in theater at Plymouth and Levan Roads in the Southwest 1/4 of Section 29, the 6ouncil does herein approve the City Planning Commission recommendation subject to the petitioner Raymond Schreiber complying with the conditions set forth in the City Planning Commission recommendation, and does herein authorize the issuance of a license to the petitioner Raymond Schreiber by the City Clerk pursuant to the provisions of Ordinance No. 193; subject to the submission of favorable reports from the Michigan State Police and Federal Bureau of Investigation to the Council. Page 3573 Marie Inc Clark, City Clerk, read letters from Mr. Robert E. Hill, Chairman of Country Homes Citizens Committee, and St. Marys Hospital, protesting issuance of the Drive-In Theater License. A roll call vote was taken on the amendment to the resolution with the following result: AYES: Sasser, Salvadore, McCann, Bagnall, Kleinert aid Grant. NAYS: O'Neill. The President declared the amendment adopted. A roll call vote was taken on the resolution as amended, with the following result: AYES: Sasser, Salvadore, Bagnall, Kleinert and Grant. NAYS: ? Cann aid O'Neill. The President declared the resolution, as amended, adopted. At 9:12 P. M., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call, including Councilman Frank O'Neill. By Councilman Kleinert, seconded by Councilman Salvadore, it was #598-58 RESOLVED that, Council resolution #e96-58 approving Bai-Lynn Park Subdivision No. 2 is hereby rescinded, the subject matter of such resolution having been reconsidered by the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, O'Neill, Bagnall, Kleinert and Grant. NAYS: Sasser aid McCann. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Kleinert, it was #599-58 RESOLVED that, Mr. David Lewis, 17311 Wyoming Avenue, Detroit 21, Michigan, as proprietor, having requested the City Council to approve the proposed plat of the following subdivision: Hai-Lynn Park Subdivision No. 2, located on the East side of Merriman Road between Lyndon and Schoolcraft Roads in the Southwest 1/4 of Section 23, City of Livonia, Michigan; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of April 2, 1957; aid it further' appearing that said proposed plat, together with the plans and specifications for improvements therein,have been approved by the Department of Public Works under date of April 23, 1958; the City Council does hereby approve said proposed plat on the following conditions: rage .5714 (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvement, including the installation of an open temporary storm water retention basin, shall be supervised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said plat until either said improvements, including the open temporary storm water retention basin, have been satisfactorily installed or, in lieu thereof, there is filed with her by said proprietor a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: - - - One Hundred Seventy-Three Thousand Dollars ($173,000.00) - - - and until all inspection fees and other charges due to the City of Livonia have been fully paid; (14) a. That the proprietor provide a fifteen (15) foot planting easement surrounding said retention basin and outside of the re- quired chain link fence and provide adequate screen planting on said easement; b. That no building permit shall be issued on lots adjoining or abutting said retention basin until such basin is completed satisfactorily and the proprietor has received the written ap- proval of the Engineering Division of the Department of Public Works; c. That the screen planting and landscaping, including grass, with design, purchase and installation supervised by the Department of Public Works, the cost of such planting to be borne completely by the proprietor, which sum shall be determined by the Department of Public Works and deposited by the proprietor with the City of Livonia prior to the signing of such plat by the City Clerk; d. That the area and portion of this proposed subdivision which is to be used for the purposes of a storm water retention basin shall be dedicated to the City of Livonia for public purposes and that the proprietor deposit with the City of Livonia a warranty deed conveying to said City that property which is to be used for the above purposes and further that as an additional condition to the approval granted herein, the proprietor shall deposit with the City of Livonia the sum of $5,000.00 at some time prior to the signing of said plat by the City Clerk, which sum shall be devoted to and used for the maintenance aid operation of the storm water retention basin and for no other purpose whatsoever; Page 3575 e. That the proprietor provide a chain link fence or that type of fence commonly referred to as a cyclone fence, which fence shall be a minimum of six feet high with three strand barbed wire above, as measured from the surface of the ground and which fence shall project into the earth a minimum of six inches; and f. That such storm water retention basin shall be so adequately designed and of a sufficient capacity to retain all of the storm water produced and resulting from the platting and developing of the lands within the proposed Bai-Lynn Park Subdivision No. 2, and in no event shall such storm water be diverted or caused to be diverted into what is known as the Blue Drain; 5. On full compliance with the above conditions and with the pro- visions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, O'Neill, Bagnall, Kleinert and Grant. NAYS: Sasser and McCann. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Salvadore, it was #600-58 RESOLVED that, Council resolution #297-58 regarding Meri-Iynn Farms Subdivision No. 3, is hereby rescinded, the subject matter of such resolution having been reconsidered by the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, O'Neill, Bagnall, Kleinert and Grant. NAYS: Sasser and McCann. The President declared the resolution adapted. By Councilman Salvadore, seconded by Councilman Kleinert, it was #601-58 RESOLVED that, Burt Homes, Inc., 16021 W. McNichols Road, Detroit 35, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following subdivision: Meri-Iynn Farms Subdivision No. 3, located on the West side of Merriman Road between Iyndon Avenue and Schoolcraft Road in the Southeast 1/4 of Section 22, City of Livonia, Michi- gan; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of April 3, 1956; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Department of Public Works under date of April 30, 1958; the City Council does hereby approve said proposed plat on the following conditions: Page 3576 (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be supervised and inspected by the Departanent of Public Works and such improve- ments shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 11 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said pro- prietors a bond to the City of Livonia, in such form as may be ap- proved by the City Attorney, and in the following amount: - - - One Hundred Seventeen Thousand Dollars ($117,000.00) - - - and until all inspection fees and other charges due to the City of Livonia have been fully paid; (1 ) That the proprietor shall install and cors truct enclosed storm sewer facilities within said proposed subdivision so as to cause all storm water resulting from the platting aid development of such sub- division to flow into the open storm water retention basin pre- viously approved and authorized in connection with the BEd-Lynn Park Subdivision No. 2; that the design and construction of such storm sewer facilities shall be such to absolutely preclude the depositing of any such storm water into what is commonly called the Blue Drain and that the design and construction of such storm sewer shall be approved and supervised by the Engineering Division of the Department of Public Works; and (5) On full compliance with the above conditions and with the pro- visions of said Plat Ordinance, as amended, the City Clerk is here- by authorized to affix her signature to said plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, O'Neill, Bagnall, Kleinert and Grant. NAYS: Sasser and McCann. The President declared the resolution adopted. By Councilman Kleinert, s econded by Councilman Salvadore, it was #602-58 RESOLVED that, Council. resolution # 375-58 regarding Meri Iyynn Farms Subdivision No. !i, is hereby rescinded, the subject matter of such resolution having been reconsidered by the Council. A roll call vote was taken on the foregoing resolution with the following result: Page 3577 AYES: Salvadore, O'Neill, Bagnall, Kleinert and Grant. NAYS: Sasser and McCann. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Bagnall, it was #603-58 RESOLVED that, Burt Homes, Inc., 16021 W. McNichols Road, Detroit 35, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following subdivision: Merl-Lynn Farms Subdivision No. 4, located on t he West side of Merriman Road between Lyndon Avenue and Schoolcraft Road in the Southeast 1/4 of Section 22, City of Livonia, Michi- gan; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of April 3, 1956; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Department of Public Works under date of June 6, 1958; the City Council does hereby approve said pro- posed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be super- vised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said pro- prietors a bond to the City of Livonia,in such form as may be ap- proved by the City Attorney, and in the following amount: - - - (Eighty-two Thousand Dollars - - ($82,000.00) - - - - - and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) That the proprietor shall install and construct enclosed storm sewer facilities within said proposed subdivision so as to cause all storm water resulting from the platting and development of such subdivision to flow into the open storm water retention basin previously approved and authorized in connection with the Bei-Lynn Park Subdivision No. 2; that the design and coistruction of such storm sewer facilities shall be such to absolutely preclude the depositing of any such storm water into what is commonly called the Blue Drain and that the design and construction of such storm sewer shall be approved and supervised by the Engineering Division of the Department of Public Works; and Page 3578 (5) On full compliance with the above conditions and with the provisions of said Plat ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, O'Neill, Bagnall, Kleinert and Grant. NAYS: McCann. The President declared the resolution adopted. By Councilman Sasser, seconded by Councilman Salvadore and unanimously adopted, it was #601 -58 RESOLVED that, having considered the report of the Department of Law dated September 9, 1958, and the resolution of the Board of County Road Commissioners of the County of Wayne adopted August 28, 1958, which approved the sanitary sewer extension in the vicinity of Clarita and Middle Belt Road, the Council does hereby refer said resolution to the Director of Public Works and requests that he do all things necessary in accordance with the Board of County Road Commissioners' resolution toward the construction of the sanitary sewer extension. By Councilman McCann, seconded by Councilman Bagnall and unanimously adopted, it was #605-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated September 8, 1958, with reference to the letter from Country Homes Civic Association regarding City Planning Commission action, the Council does hereby receive said report and recom- mendation and places it on file. By Councilman Bagnall, seconded by Councilman Sasser and unanimously adopted, it was #606-58 RESOLVED that, the Council having adopted resolution #503-58 at its regular meeting held on July 28, 1958, requiring the City Engineer to ascertain the assessed valuation of all property affected by the following proposed improvement: the installation of certain paving, drainage, and sidewalk on Henry Ruff Road between Grandon on the north and Joy Road on the south, in Section 35, City of Livonia; 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 or cause to be pre- pared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the land which should be included in the proposed special assessment district, and it appearing to Page 3579 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 September 15, 1958, and that there has been a full compliance with all of the provisions of Section 6 of Ordinance No. 31, as amended, entitled ''An Ordinance to Provide for the Making of Public Improve- ments, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedures!' thu Council does hereby set October 13, 1958, at 8:00 o'clock P. M., as the date and time for a public hearing on such pro- posed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Sections 8 and 9 of said Ordinance No. 31, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 7 of said ordinance. By Councilman McCann, seconded by Councilman Bagnall and unanimously adopted, it was #607-58 RESOLVED that, consideration of the recommendation of the City Planning Commission as to Petition No. Z-249a of Luther G. and Gladys L. Lentz, asking for change of zoning in Section 31 be tabled to the next regular meeting of the Council. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #608-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated September 15, 1958 on Petition No. Z-261 which was initiated by the City Planning Commission on its owns motion to change the zoning in the Southwest 1/4 of Section 16 from R-3 to AGB, the Council does hereby approve said recommendation and Petition No. Z-261 is denied. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adapted, it was #609-58 RESOLVED that, having considered the report azd recommendation of the City Planning Commission dated September 15, 1958 on Petition No. Z-267 as submitted by Mr. and Mrs. Henry R. Rasmussen asking for change of zoning in the Southwest 1/4 of Section 31 from RUFB to C-1, the Council does hereby concur with the recommendation of the City Planning Commission and approves Petition No. Z-267 as amended, to limit the depth of the property to 360 feet south of the center of Ann Arbor Road; and the City Attorney is herein instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Salvadore, seconded by Councilman Sasser and unanimously adopted, it was #610-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated September 15, 1958, on Petition No. Page 3580 Z-290 as submitted by Daniel and Patricia Bourdas asking for change of zoning in the Northwest and Northeast 1/4 of Section 14 from RUFB to C-i, the Council does hereby reject said recommendation of the City Planning Commission and Petition No. Z-290 is approved; and the City Attorney is herein instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. Councilman Kleinert was excused at 10:22 P.M., and returned at 10:25 P.M. By Councilman Kleinert, seconded by Councilman Salvadore and unanimously adopted, it was #611-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated September 15, 1958 on Petition No. Z-300 as submitted by Joseph and Hannah B. Schultz asking for change of zoning in the Northwest 1/14 of Section 12 from RUFB to C-2, the Council does herein concur with said recommendation and Petition No. Z-300 is denied. By Councilman Sasser, seconded by Councilman Bagnall and unanimously adopted, it was #612-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated September 15, 1958 on Petition No. Z-301 as submitted by Morris Friedman, et al, asking for change of zoning in the Southwest and Southeast 1/4 of Section 21 from AC a4d RUFB to R-1-A, the Council does hereby concur with said recommendation and Petition No. Z-301 is approved; and the City Attorney is herein instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman McCann, seconded by Councilman Salvadore and unanimously adopted, it was #613-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated September 15, 1958 on Petition No. Z-302 as submitted by David Lewis asking for change of zoning in the Southwest 1/4 of Section 36 from RUFB to PS, the Council does hereby ap- prove said recommendation and Petition No. Z-302 is denied. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #6114-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated September 15, 1958, on Petition No. Z-3014 as submitted by Carey Homes, Inc., asking 2r change of zoning in the Southwest 1/14 of Section 22 from RUFB to R-1-A, the Council does hereby concur with said recommendation and Petition No.Z-3014 is approved; and the City Attorney is herein instructed to prepare an ordinance amending Or- dinance No. 60 in accordance with this resolution. By Councilman Kleinert, seconded by Councilman Salvadore and unanimously adopted, it was Page 3581 #615-58 RESOLVED that, having considered the report and recommendation of the �'ity Planning Commission dated September 15, 1958, on Petition No. Z-305 as submitted by Clifford A. Green asking for change of zoning in the Southeast 1/4 of Section 25 from C-1 to C-2, the Council does hereby concur with said recommendation and Petition No. Z-305 is denied. By Councilman Salvadore, seconded by Councilman Kleinert and unanimously adopted, it was #616-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated September 15, 1958, on Petition No. Z-308 as submitted by Donald Deremo for Leonard E. Ricketts asking for change of zoning in the Northwest 1/14 of Section 24 from C-1 to C-2, the Council does hereby concur with said recommendation and Petition No. Z-308 is approved; and the City Attorney is herein instructed to prepare an or- dinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #617-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated September 15, 1958, on Petition No. Z-311 as submitted by Joseph and Patricia Cyr asking for change of zoning in the Northeast 1/4 of Section 33 from RUFB to C-2, the Council does hereby concur with said recommendation and Petition No. Z-311 is approved; and the City Attorney is herein instructed to prepard an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Sasser, seconded by Councilman McCann and unanimously adopted, it was #618-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated September 15, 1958 on Petition No. V-34 as submitted by Warren R. Markle for the vacating of alley bounded by Pickford on the North, Curtis on the South, Farmington on the West, and Westmore on the East, in the Garden Grove Subdivision located in the North- west 1/4 of Section 10, the Council does hereby concur with said recommenda- tion and Petition No. V-34 is approved subject to an easement for public utilities being created for the full width of the alley; and the City Attorney is instructed to prepare a vacating ordinance in conformity with this resolution. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #619-58 RESOLVED that,having considered the report and recommendation of the City Planning Commission dated September 15, 1958 on Petition No. V-35 as submitted by certain residents of the City of Livonia for the vacating of the galley dividing lots 278 and 279 facing Farmington Road, and also the alley between lots 275 and 282 siding lyrna Drive, the same being situated in the Southeast 1/4 of Section 16, the Council does hereby concur Page 3582 with said recommendation and Petition No. V-35 is approved stbject to an easement for public utilities being created for the full width of the alley; and the City Attorney is instructed to prepare a vacating :ordinance in con- formity with this resolution. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #620-58 RESOLVED that, before determining to install sidewalks in the following area: On Arcola, Cardwell and Cavell Streets between Plymouth Road and Grantland Avenue in the Southeast 1/4 of Section 25 of 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 pronosed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare, or cause to be prepared, plans and specifications therefor andan estimate of the cost thereof, and to file the same with the City Clerk together with his recom- mendation as to what proportion of the cost should be paid by special assess- ment 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 land which should be included in the proposed special assessment district, pursuant to the provisions of Section 6 of Ordinance No. 31, as amended. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #621-58 RESOLVED that, having considered the petition of Anna Pearson of 9220 Steele Avenue, Detroit 28, Michigan, dated September 9, 1958 which requested that the Livonia Zoning Ordinance requiring a fifty (50) foot set- back be amended to allow a ten (10) foot setback, the Council does hereby deny said petition because it would require an amendment to the Zoning Or- dinance which would not be in the best interest of the City because the present ordinance has proven to be satisfactory oyer a long period of time. By Councilman Salvadore, seconded by Councilman McCann, it was #622-58 RESOLVED that, having considered the report and recommendation of the Director of Public Works and the Assistant City Engineer dated September 154 1958, and the recommendation of the Consulting Engineer dated September 15, 1958, the Council does hereby amend Item #3 of Council resolution #452-57 adopted on June 17, 1957, as amended by Council resolution #481-58 adopted on July 28, 1958, so as to establish a bond for improvements in Gawron Subdivision in the amount of 49,000.00 to cover the cost of re- maining improvements. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. Page 3583 The report of the Municipal Court for the month of August, 1958, was received and placed on file. On motion of Councilman Bagnall, seconded by Councilman Sasser and unaimously adopted, this 257th regular meeting of the Council of the City of Livonia was duly adjourned at 10:50 P. M., September 22, 1958. Marfi; Clark, City Clerk. C