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HomeMy WebLinkAboutCOUNCIL MINUTES 1973-09-12 1395+ L MINUTES OF THE SEVEN HUNDRED SIXTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 12, 1973, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:02 P. M.. Councilman Bennett delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present. Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney, John T. Dufour, Super- intendent of Parks and Recreation; Robert E. Osborn, Director of Public Works; John Nagy, City Planner; John Bunk, Fire Chief; Daniel Gilmartin, Industrial Coordinator; G. E. Siemert, City Engineer; James Miller, Personnel Director; Jack Dodge, Budget Director; William Joyner, Administrative Assistant to the Mayor; Stanley Bien, Chief Librarian; Dan Andrew, Planning Commission; and John Gibbons of the Housing Commission By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #726-73 RESOLVED, that the minutes of the 767th regular meeting of the Council of the City of Livonia, held on August 29, 1973, are hereby approved. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #727-73 RESOLVED, that the minutes of the 150th special meeting of the Council of the City of Livonia, held on September 5, 1973, are hereby approved. The communication from the Mayor dated September 10, 1973, in response to LCouncil resolution #721-73, with regard to recommendation on the best method to acquire the Wilson Barri, was received and filed for the information of the Council. 13955 By Councilman Bennett, seconded by Councilman Raymond and unanimously adopted, it was #728-73 RESOLVED, that the Council does hereby determine to remove from the table for consideration and action the matter of Petition No. 72-8-1-41, submitted by Milton Lebonbom for Samuel B. Sherer for a change of zoning on property located on the Northeast corner of Middlebelt and West Chicago in the Northwest 1/4 of Section 36 from R-1 to C-1, which was tabled in Council resolution No. 511-73, adopted oh June 27, 1973. By Councilman Raymond, seconded byCouncilman Bennett, it was #729-73 RESOLVED, that having considered a communication dated October 19, 1972 from the City Planning Commission which sets forth its resolution No. 9-237-72 with regard to Petition No. 72-8-1-41 submitted by Milton Lebonbom for Samuel B. Sherer for a change of zoning on property located on the northeast corner of Middlebelt and West Chicago Roads in the Northwest 1/4 of Section 36, from R-1 to C-1, and the Council having conducted a public hearing with regard to this matter on January 8, 1973, pursuant to Council resolution No. 1022-72, the Council does hereby reject the recr_,m- mendation of the Planning Commission and the said Petition No. 72-8-1-41 is hereby denied for the following reasons: (1) The proposed zoning change and permitted uses allowed within the C-1 Zoning District would greatly add to an existing traffic problem along this section of Middlebelt Road in the following ways: a. Entrances and exits to Middlebelt Road to and from subject property and proposed uses thereon would substantially conflict with present north and south traffic which lines up past this property in the normal congestion hours. b. Traffic resulting from uses permitted by the proposed zoning change would create a dangerous conflict with pedestrians owing to the fact that the intersection of West Chicago and Middlebelt Roads is the major crossing point for school children attending Emerson Junior High School. (2) The proposed zoning change will allow commercial uses which are incompatible with and detrimental to the existing office, residential and school uses in the surrounding area. (3) There is no demonstrated need for additional neighborhood com- mercial facilities as permitted in the C-i Zoning District. (4) That the subject property should, be if at all possible, be preserved as a historical site. and the Council does hereby determine to rescind Council resolution No. 75-73, adopted on February 7, 1973. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. 139.6 The following resolution was unanimously introduced, supported and adopted: #730-73 WHEREAS, Milton I. Firestone, did previously serve the City of Livonia with distinction as an Assistant City Attorney; and WHEREAS, during his tenure with the City of Livonia he performed his duties in an impressive and conscientious manner, and WHEREAS, for the past eight years he has been employed as an assistant Attorney General for the State of Michigan; and WHEREAS, by virtue of his ability, perseverance and dedication, he has recently been promoted to the highly responsible position of assistant Attorney General in charge of Municipal Affairs, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Livonia do hereby take this means to extend congratulations to "Milt" Firestone, an outstanding alumnus of its Law Department, who has distinguished himself as a lawyer, a gentleman and a warm human being. The following resolution was unanimously introduced, supported and adopted: #731-73 WHEREAS, this Council has recently learned that Joseph J.Bargagna, after many years of faithful professional service to this community, is leaving for a well-earned retirement, and WHEREAS, the B & B Store on Plymouth Road has become a social institution where, over the years, "Joe" Bargagna served as friend and confidant of Mayors, Judges, Councilman and Commissioners; and WHEREAS, in a quiet and unassuming manner and without fanfare, "Joe" has proved himself to be an unselfish and charitable friend to his neighbors and to the City of Livonia at large, NOW, THEREFORE, BE IT RESOLVED, that having earned the respect and admiration of the entire community for his professional and philanthropic contributions, the Council of the City of Livonia does hereby take this means to express its gratitude and affection to Joseph J. "Joe" Bargagna and to wish him well in the years that lie ahead. The following preamble and resolution were offered by Councilman Ventura, and supported by Councilman Milligan: #732-73 WHEREAS, September 12, 1973, at 7:00 o'clock p. m., Eastern Daylight Time, has been set as the date and time for opening bids for the purchase of $1,295,000.00 - 1973 Special Assessment Bonds, of the City of Livonia, County of Wayne, Michigan; AND WHEREAS, said bids have been publicly opened and read, AND WHEREAS, the following bids have been received; 13957 Bidder Maturity Interest Rate Premium American Securities Corp. 1974 to 1976 5.75% $222.74 Detroit, Michigan 1977 5.70% (Kenower, MacArthur Division) 1978 4.90% 1979 to 1980 4.95% 1981 to 1983 5.00% Average Interest Rate 5.15013% Net Interest Cost $274,116.01 National Bank of Detroit 1974 to 1980 5.25% -0- Detroit, Michigan 1981 to 1983 5.00% Average Interest Rate 5.16427% Net Interest Cost $274,868.75 VanKamden, Wauterlek & Brown, 1974 5.80% -0- Inc., Chicago, Illinois 1975 to 1977 5.85% 1978 to 1980 5.00% 1981 5.05% 1982 to 1983 5.10% Average Interest Rate 5.237576% Net Interest Cost $278,770.00 Bank of Commonwealth 1974 to 1976 5.75% $ 53.35 Detroit, Michigan 1977 5.625% 1978 to 1980 5.10% 1981 5.15 1982 5.20 1983 5.25 Average Interest Rate 5.27950% Net Interest Cost $281,002.90 First of Michigan Corp. 1974 to 1977 5.85% $ 37.65 Detroit, Michigan 1978 5.15% 1979 5.00% 1980 5.05% 1981 5.1o% 1982 5.15% 1983 5.20% Average Interest Rate 5.283886% Net Interest Cost 5281,234.85 Detroit Bank & Trust Co. 1974 5.25% $ 384.65 Detroit, Michigan 1975 to 1977 5.75% 1978 to 1980 5.25% 1981 to 1983 5.1o% Average Interest Rate 5.307357% Net Interest Cost $282,484.10 1395t. Bidder Maturity Interest Rate Premium 1,. Northern Trust Co. 1974 5.10% $ 39.00 Chicago, Illinois 1975 to 1978 5.80% 1979 to 1983 5.20% Average Interest Rate 5.40795% Net Interest Cost $287,838.50 AND WHEREAS, the bid of American Securities Corporation, Detroit, Michigan, has been determined to produce the lowest interest cost to the City, NOW, THEREFORE, BE IT RESOLVED THAT 1. The bid of American Securities Corporation, Detroit, Michigan, as above stated, be and the same is hereby accepted. 2. Checks of the unsuccessful bidders be returned to each bidder's representative or by registered mail. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result L AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS• None. The communication from the City Planning Commission, dated August 23, 1973, transmitting report titled "Office Report-Inventory & Analysis", was received and filed for the information of the Council. The communication dated August 29, 1973 from the City Planning Commission, transmitting document titled "Capital Improvement Program, City of Livonia, 1974-1979" was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Brown, it was #733-73 RESOLVED, that having considered a communication from the Industrial Coordinator dated August 15, 1973 and approved for submission by the Mayor with regard to defraying incurred expenses and establishing monies for the balance of the fiscal year in the Public Relations Account, the Council does hereby authorize the transfer of the sum of $1,000.00 from Account No. 803-905 (Publishing) to Account No. 803-885 (Public Relations) for this purpose. 1395: LA roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #734-73 RESOLVED, that having considered a communication from the Mayor dated August 15, 1973 with regard to the proposed acquisition of approxi- mately four (4) acres of property adjacent to and behind the Quaker Acres Historical Site for expansion of said site, the Council does hereby authorize the Department of Law to employ an expert Real Estate Appraiser for the purpose of determining the fair market value of the aforesaid property, and for this purpose does authorize an expenditure of a sum not to exceed $300.00 from Federal Share Revenue Funds; 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. LBy Councilman Brown, seconded by Councilman Bennett, it was #735-73 RESOLVED, that having considered a communication from the Personnel Director dated July 27, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor, with regard to the purchase of a desk calculator, the Council does hereby authorize the transfer of the sum of $220.50 to Account No. 220-970 (Capital Outlay) from: Account No. 236-765 (Testing Supplies) $110.25 Account No. 236-756 (Miscellaneous) 110.25 $220.50 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #736-73 RESOLVED, that having considered a communication from the Chief L Librarian dated August 10, 1973 and approved for submission by the Mayor, the Council does hereby authorize the Chief Librarian and the Budget Director to do all things necessary to prepare specifications and obtain bids for metal storage book shelving to provide for a central pool and book storage facility for the Livonia Public Library, in accordance with provisions set forth in the Financial Ordinance. ,55. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. *Councilman Raymond was excused at 8:20 p. m. By Councilman Milligan, seconded by Councilman McCann, it was RESOLVED, that having considered a communication dated March 9, 1973 from the City Planning Commission which transmits its resolution No. 3-54-73, adopted by the Commission on March 6, 1973, and a communication dated August 20, 1973 from the City Planning Commission which transmits its resolution No. 8-211-73, adopted on August 14, 1973, with regard to Petition No. 72-12-2-43, submitted by Curran Construction Company request- ing permission to construct a McDonald's Restaurant as a waiver use on property zoned C-2 and located on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Section 4, and the Council having conducted a public hearing with regard to this matter on April 16, 1974, pursuant to Council resolution No. 232-73, the Council does hereby reject the recommendation of the City Planning Commission and said Petition No. 72-12-2-43 is hereby approved and granted. Iftw A roll call vote was taken on the foregoing resolution with the following result AYES* Milligan, McCann and Nash. NAYS: Bennett, Brown and Ventura. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Bennett, it was #737-73 RESOLVED, that having considered a communication dated March 9, 1973 from the City Planning Commission which transmits its resolution No. 3-54-73, adopted by the Commission on March 6, 1973, and a communication dated August 20, 1973 from the City Planning Commission which transmits its resolution No. 8-211-73, adopted on August 14, 1973, with regard to Petition No. 72-12-2-43, submitted by Curran Construction Company request- ing permission to construct a McDonald's Restaurant as a waiver use on property zoned C-2 and located on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Section 4, and the Council hav- ing conducted a public hearing with regard to this matter on April 16, 1973, pursuant to Council resolution No. 232-73, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-12-2-43 is hereby denied for the same reasons as those set forth in the aforesaid action of the Planning Commission. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura and Nash. NAYS: Milligan and McCann. The President declared the foregoing resolution adopted. 13961 *Councilman Raymond returned at 8:22 p. m. By Councilman Brown, seconded by Councilman Bennett, it was #738-73 RESOLVED, that having considered a communication dated March 12, 1973 from the City Planning Commission which transmits its resolution No. 3-55-73, adopted by the Commission on March 6, 1973, and a communication dated August 20, 1973 from the City Planning Commission which transmits its resolution No. 8-210-73, adopted by the Commission on August 14, 1973, with regard to Petition No. 72-12-2-44, submitted by Curran Construction Company requesting permission to construct a McDonald's Restaurant as a waiver use on property zoned C-2 located on the south side of Plymouth Road between Wayne Road and Yale in the Northwest 1/4 of Section 33, and the Council having conducted a public hearing with regard to this matter on April 16, 1973, pursuant to Council resolution No. 233-73, the Council does hereby concur in the recommendation made by the City Planning Commis- sion and Petition No. 72-12-2-44 is hereby denied for the same reasons as those set forth in the aforeea.id action of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: Milligan. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #739-73 RESOLVED, that having considered a communication dated August 20, 1973 from the City Planning Commission, which transmits its resolution No. 8-207-73, adopted by the Commission on August 14, 1973, with regard to Petition No. 73-7-2-16 Submitted by E. Louis Schuette for Hi-Fy Gasoline Stations, Inc., requesting permission to rebuild an existing gasoline service station located on the north side of Plymouth Road between Farmington Road and Stark Road in the Southeast 1/4 of Section 28 as a waiver use on property zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 73-7-2-16 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. By Councilman Ventura, seconded by Councilman Brown, it was #740-73 RESOLVED, that having considered a communication from the firm of Ralls-Hamill-Becker-Carne, Inc., Architect/Construction Manager, dated September 5, 1973, Architect's Project No. 73-372, with regard to bids received for the construction of the Shelden Municipal Swimming Pool, the Council does hereby concur in the recommendations set forth in the afore- said communication and accepts the following bids: 13962 LITEM CONTRACTOR AMOUNT (1) General Conditions si0,600. (2) Site Work Great Lakes Escay. (2 & 3) ( 10,800. (3) Foundations Great Lakes Excay. (4) Flat Concrete Mon-Ton Cement 10,188. (5) Masonry Navetta 15,300. (6) Carpentry Westwood. Carpentry 9,800 (7) Roofing Ballard Roofing 2,594. (8) Glass & Glazing Edwards Glass 87. (9) Lath & Plaster Car-Mar Const. 4,060. (lak) Hollow Metal Detroit Door 725. (10B) Shelf Standards 100. (10C) Hardware Detroit Sterling 890. (10D) Misc. Iron 250 (10E) Baskets & Racks Steel Equip. Co. 944. (10F) Toilet Accessories 250. (10G) Toilet Partitions J R Penner 1,060 (lox) Aluminum Louvers 200. (11) Painting Michigan Polyglaze 1,670 (13) Fencing Crown Fence 3,243. (14) Construction Contingency 4,000. (15) Mechanical Nelson Plumbing & Heating 36,900. (16) Electrical Waun Electric 9,662. (17) Pool & Equipment Paddock Pools 73,870. (18) Construction Mgmt. RHBC, Inc. 24,900 (19) Planning RHBC, Inc. 14,000. the same having been in fact the lowest qualified bids received for these items, further, the Council does hereby accept the following alternate bids. Alternate No. 1, Glazed Block Units in Shower Area Masonry (+) $1,800.00 Painting (-) 178 00 S1,622.00 Alternate No. 2, Additional Concrete Paving' Flat Concrete (+) S 850 00 $ 850 00 Alternate No. 5, P A. System Equipment & Wiring: Electrical Trades (+) $ 475 00 $ 475.00; and the Mayor and City Clerk are hereby authorized to execute contracts for and on behalf of the City of Livonia with the aforesaid bidders and to do all other things necessary or incidental to the full performance of this resolution. 13963 A roll call vote was taken on the foregoing resolution with the following result AYES : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The communication from the Department of Law, dated August 8, 1973, in response to Council resolution No. 190-73 with respect to an appraisal of the Pierson School, was received and filed for the information of the Council. At the direction of the Chair, the item on the agenda with respect to Petition 73-7-8-32 of Clarence P. Jahn for South Side of Five Mile Road between Farmington and Surrey in Section 21, was removed and will be considered at the next Study Session to be conducted on September 17, 1973. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was imer #741-73 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated August 21, 1973, approved for submission by the Mayor, with regard to the renaming of Spring Valley Park to Spring Valley Jaycee Park, the Council does hereby refer this matter back to the Parks and Recreation Commission for further study and a new report and recommendation. At the direction of the Chair, the item on the agenda with respect to Petition 72-11-3-15 of D & K Enterprises, Clair-Ann Company and Livonia National Bank for portion of Woodring Avenue, was removed and will be considered at the second Study Session to be conducted in October 1973. By Councilman McCann, seconded by Councilman Milligan, and unanimously adopted, it was #742-73 RESOLVED, that having considered a communication from the Mayor dated August 20, 1973 to which is attached a communication from the Chief Inspector dated August 15, 1973, with regard to licenses to sell garden produce, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was 13964 #743-73 RESOLVED, that having considered a communication from the Depart- ment of Law dated August 16, 1973 and submitted pursuant to Council resolu- tion No. 632-73, which transmits a proposed amendment to the Livonia Code of Ordinances which would provide for the regulation and licensing of steam, sauna and massage parlors, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. Councilman Bennett gave first reading to the following Ordinance• AN ORDINANCE AMENDING SECTIONS 6-171(o), 6-171(p), 6-171(q), 6-171(r), 6-171(s), 6-171(t), 6-171(u), AND 6-171(v) OF TITLE 6, CHAPTER I (TRAFFIC ORDINANCE), 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. Councilman Ventura gave first reading to the following Ordinance. lbw AN ORDINANCE AMENDING CHAPTER 7 (RETIREMENT PLAN ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SUBSECTIONS (2) AND (7) OF SECTION 2-705, SECTIONS 2-714, 2-720, 2-721; 2-730, 2-731, 2-734 AND 2-738. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was ##744-73 RESOLVED, that having considered a communication from the Depart- ment of Law dated August 10, 1973, approved by the Personnel Director, and submitted pursuant to Council resolution No. 492-73 and which submits proposed amendments to the Retirement Plan Ordinance, the Council does hereby refer a portion of the proposed Ordinance Amendments and specifical- ly Section 2 (Pertaining to Section 2-714) to the Legislative Committee for its report and recommendation. 13965 Councilman Ventura 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 ZON- ING ORDINANCE," BY ADDING SECTION 3. THERETO. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Brown, seconded by Councilman McCann, it was #745-73 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated August 10, 1973, approved by the Budget Director and approved for submission by the Mayor, regarding renewal of the City's contract with Recreation Dance, Inc., for an additional two- year period from September 1973 through September 1975, inclusive, and which agreement would be on the same terms and conditions as are contained in the present agreement, the Council does hereby approve of the proposed agreement by and between the City and the aforesaid party in the manner herein submitted, and does hereby authorize the Mayor and City Clerk to affix their signatures to such agreement for and in behalf of the City of Livonia 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #746-73 WHEREAS, pursuant to the direction of the City Council in its resolution No. 595-73, adopted on July 25, 1973, and in accordance with Section 2-511 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of August 20, 1973 an assessment roll dated August 16, 1973 covering the proposed improvement of Bobrich Avenue (Alternate IIIa), west of Merriman Road, in Section 10, T. 1 S., R. 9 E., City of Livonia,Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assess- ment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 595-73, 13966 11. THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit• that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on MONDAY, OCTOBER 8, 1973 at 8:00 P. M. to review the said special assess- ment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of OCTOBER 8, 1973, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Ventura, seconded by Councilman Bennett, it was #747-73 RESOLVED, that having considered a communication from the Mayor dated August 17, 1973, submitted pursuant to Section 2-2202 of the Livonia Code of Ordinances with regard to the appointment by the Mayor of Mr. Charles G. Ball, 1635+ Edgewood, Livonia, Michigan, as a member of the Local Officers Compensation Commission for a term of seven years, which term shall expire on April 2, 1980, the Council does hereby determine to confirm the appointment of Mr. Charles G. Ball, and it is hereby further provided that he shall take the oath of office as prescribed in Chapter X, Section 3, of the City Charter. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Raymond, it was #74+8-73 RESOLVED, that having considered a communication from the Depart- ment of Law, dated August 22, 1973, approved by the Superintendent of Parks and Recreation, and approved for submission by the Mayor, which transmits a proposed agreement between the City of Livonia and the firm of Ralls-Hamill-Becker-Carne, Inc., 15223 Farmington Road, Livonia, Michigan, wherein the said firm would provide architectural and construc- L tion management services for the proposed construction of a locker room addition to the Devon-Aire Recreation Center, the Council does hereby authorize the Mayor and the City Clerk to execute the aforesaid agreement for and in behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full performance of this resolution. 13967 A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #749-73 RESOLVED, that having considered a communication from John Jay Hubbard, Clerk of the Council, Dearborn, Michigan, dated August 16, 1973, with regard to a resolution to change the prize structure of the Michigan State Lottery, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Milligan, seconded by Councilman Brown, it was #750-73 RESOLVED, that having considered a communication from the Person- nel Director dated August 15, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on August 7, 1973, wherein it is recommended that the classification of Administrative Assistant to the City Council be established with the following salary law range: Step 1 Step 1 1/2 Step 2 Step 3 Step 4 Step 5 Yrly. $10,753.60 10,961.60 11,169.60 11,606.40 12,105.60 12,646.40 Bi/wkly 413.60 421.60 429.60 446.4o 465.6o 486.4o Hourly 5.17 5.27 5.37 5.58 5.82 6.08, and that one (1) position of Council Secretary in the Office of the Council be reclassified to this proposed classification, the Council does hereby concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #751-73 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director, dated August 24, 1973, approved for submission by the Mayor, the Council does hereby accept the bid of Conco Midwest Inc., 1115 N. Main Street, Racine, Wisconsin 53402, for supplying the City with Concrete Pavement Joint and Crack Sealing for the total price of $7,950.00, lbw and the Council does hereby accept such bid in lieu of the low bid for the reasons outlined in the aforesaid report and recommendation. 13968 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Milligan, and unanimously adopted, it was #755-73 RESOLVED, that the preliminary plat of the proposed Nottingham Woods West Subdivision No. 3, situated in the Southwest 1/4 of Section 9, City of Livonia, Wayne County, Michigan, having previously received the tentative approval of the City Planning Commission on August 24, 1971, by its resolution No. 8-231-71, and having been approved in a report dated July 20, 1971, said report having appended thereon the signature of the Director of Public Works and the Mayor, indicating that substantial compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Commission now having given final true plat approval on August 23, 1973, in its resolution No. 8-211-73; and further, the Council having considered a letter from the City Clerk dated August 31, 1973 pursuant to Section 9-126, Chapter 1, Title 9 of the Livonia Code of Ordinances, as amended, does hereby deter- mine to grant its approval to the Final Plat of Nottingham Woods West Subdivision No. 3 located in the Southwest 1/4 of Section 9, City of Livonia, Wayne County, Michigan, as submitted by Curtis Building Company, 25950 Five Mile Road, Detroit, Michigan 48239, as proprietor, the pro- prietor thereof being required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amend- ed, the Ordinances of the City of Livonia, Michigan; and further, the City Clerk shall do all things necessary for the full performance of this resolution. By Councilman Ventura, seconded by Councilman Raymond, it was #753-73 RESOLVED, that having considered a communication from the Mayor dated August 30, 1973 wherein the Mayor indicates that the Livonia Board of Education has agreed to lease the Stark School to the City of Livonia as a Community Center for a consideration of One Dollar ($1.00) per year, with the City bearing the cost of maintenance and utilities, the Council does hereby refer this matter to the Department of Law to prepare a Lease Agreement for submission to Council for approval. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. 13969 A roll call vote was taken on the proposed amendment to the Zoning Ordinance with respect to Petition No. 73-2-6-3 (Height and Story Limitations for Buildings in R-8 and R-9 Zoning Districts), suoh proposed amendment having been given its second reading by Councilman Bennett on August 29, 1973, with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Milligan, seconded by Councilman Raymond, it was #754-73 RESOLVED, that having considered a communiation from the Person- nel Director dated August 27, 1973,whioh bears the signature of the Budget Director and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on August 21, 1973, wherein it is recommended that the classification of Executive Assistant to the Mayor be established at the following salary range Minimum Maximum Step 1 Step 1 1/2 Step 2 Step 3 Step 4 Step 5 Annual $20,987.20 21,403.20 21,819.20 22,713.60 23,608.00 24,544.00 Bi/wk. 807.20 823.20 839.20 873.60 908.00 944.00, The Council does hereby concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #755-73 RESOLVED, that the Council does hereby request the Department of Law to prepare an ordinance for submission to Council which would establish and create a Department of Citizen Service and Consumer Protection. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #756-73 RESOLVED, that having considered a communication from the President of the Livonia G.O.P. Women dated August 29, 1973, with regard to combining City and School elections, the Council does hereby determine to take no further action. 13970 By Councilman Milligan, seconded by Councilman Bennett, it was unanimously L adopted #757-73 WHEREAS, the Michigan Liquor Control Commission has advised this Council that the courts have ruled that the denial of applications for S.D.M. and S.D.D. licenses based on unfavorable recommendation from the local legislative body is illegal, and WHEREAS, the recommendation of the local legislative body is not a statutory requirement on S.D.M. and S.D.D. licenses, but as a matter of policy the Liquor Control Commission requests local administrative recom- mendation on these licenses; and WHEREAS, the Liquor Control Commission has changed its policy on issuance or transfer of S.D.M. and S.D.D. licenses so as to require that any local objections, together with reasons, be forwarded to the Liquor Control Commission within a period of 30 days, otherwise applications will be deemed to be approved without objections, and WHEREAS, the Council of the City of Livonia determines that the said 30 day period does not provide sufficient time for adequate study and review on these applications in order for a meaningful recommendation to be forwarded to the Liquor Control Commission, and WHEREAS, the Charter of the City of Livonia, unlike charters of many other cities, requires as a practical matter a delay of two weeks in order for a Council resolution to become effective, NOW, THEREFORE, BE IT RESOLVED that this Council requests that the time provided by the Liquor Control Commission for review and comment on the issuance or transfer of S.D.M. and S.D.D. licenses by the Liquor Control Commission be extended to 90 days; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman Milligan, seconded by Councilman Raymond, it was #758-73 RESOLVED, that having considered a communication from the Depart- ment of Law, dated August 20, 1973, submitted pursuant to Council resolu- tion ##606-73, transmitting for acceptance a Quit Claim Deed executed on August 16, 1973, by The Board of County Road Commissioners of the County of Wayne, Michigan, by its chairman Michael Berry and its acting secretary and clerk of the board Armand J. Matte, conveying certain property which property is more particularly described as That part of the N. W. 1/4 of Section 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, which is described as follows• Beginning at a point distant S. 89° 54' 20" E., 60 feet, due South 255.75 feet and S. 89° 54' 20" E., 135 feet from the N. W. corner of Section 22 and proceeding thence S. 89° 54' 20" E., 105 feet; thence due North 75.75 feet; thence N. 89° 54' 20" W., 36 feet, thence due North 73 feet to a point 47 feet south of the existing south right-of-way line of Five Mile Road, 120 feet wide, thence N. 89° 54' 20" W., 69 feet along a line 47 feet south of the said right-of-way line, thence due South 148.75 feet to the point of beginning.(Containing 0.30 acre more or less) 13971 the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deed and the City Clerk is hereby requested to have the same recorded in the office of the Yayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #759-73 RESOLVED, that having considered a communication dated August 20, 1973 from the Department of Law transmitting for acceptance four Grants Easements which documents are more particularly described as follows 1. Grant of Easement executed on November 29, 1972 by Nelson Dembs and Ann Dembs, his wife, and Eli Friedman and Ethelene Friedman, his wife, granting EASEMENT DESCRIPTION: The North 12 feet of PARCEL DESCRIPTION• A parcel of land being a part of the S.W. 1/4 of Section 32, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as Beginning at a point on the South line of said Section 32 (centerline of Joy Road, 66 ft. wd. ) said point being N. 87°49'18" W. 1008.97 ft. from the S. 1/4 corner of said Section 32 and proceeding thence N. 87°49'18" W. 92.10 ft. to a point; thence N. 1°57'37" E. 338.80 ft. to a point, thence S. 87°48'13" E. 93.17 ft. to a point, thence S. 2° 08'27" W. 338.77 ft. to the point of beginning, containing 0.720 acres of land more or less. 2. Grant of Easement executed on November 29, 1972 by Nelson Dembs and Ann Dembs, his wife, and Eli Friedman and Ethelene Friedman, his wife, granting: EASEMENT DESCRIPTION The North 12 feet of PARCEL DESCRIPTION: A parcel of land being a part of Lot 750 of Supervisor's Livonia Plat No. 12, of part of Section 32, T. 1 S., 13972 R. 9 E., City of Livonia, Wayne County, Michigan, according to the Plat thereof as recorded in Liber 66 of Plats, on Page 65, W.C.R. more particularly described as Beginning at a point on the North line of Joy Rd. 66 ft. wd., said point being the S.E. corner of Lot 750, thence N. 87°49'18" W. along the South line of said Lot 750, (North line of said Joy Road) 74.59 ft.to a point, thence N. 1°55'56" E. 305.84 ft. to a point,thence S. 87°48'13" E. 74.75 ft. to a point, thence S.1°57'37" W. 305.80 ft. to the point of beginning,containing 0.524 acres of land more or less. 3. Grant of Easement executed on November 29, 1972 by Nelson Dembs and Ann Dembs, his wife, and Eli Friedman and Ethelene Friedman, his wife, also by the City National Bank, Mortgagee, by its vice-president Joseph N. Trombley and its assistant vice-president E. Walter Butler, Jr., granting: EASEMENT DESCRIPTION: The West 6 feet of Lot 9, Linden Wood Subdivision, as recorded in Liber 93, Pages 97, 98 and 99, Wayne County Records, said subdivision being of part of the South 1/2 of Section 32, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. 4. Grant of Easement executed on November 29, 1972 by Nelson Dembs and Ann Dembs, his wife, and Eli Friedman and Ethelene Friedman, his wife, also by the City National Bank, Mortgagee, by its vice-president Joseph N. Trombley, and its assistant vice-president E. Walter Butler,Jr.,granting EASEMENT DESCRIPTION• The East 6 feet of Lot 8, Linden Wood Subdivision, as recorded in Liber 93, Pages 97, 98 and 99, Wayne County Records, said subdivision being of part of the South 1/2 of Section 32, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan. the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Grants of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. 13973 By Councilman Milligan, seconded by Councilman Raymond, it was #760-73 RESOLVED, that having considered a communication dated August 20, 1973 from the Department of Law transmitting for acceptance a Quit Claim Deed executed on July 25, 1973 by Rouge Employees Credit Union, a Michigan Financial Corporation, by its president Alfred Nudi and its treasurer Michael Rinaldi, conveying certain property which property is more particularly described as: The North 27 feet of Lot 208, Supervisor's Livonia Plat No. 2, as recorded in Liber 66, Page 1, Wayne County Records, said plat being of the S. 5/8 of the N. E. 1/4 of the East 1/2 of the North 3/8 of the N. E. 1/4 of Section 33, T. 1 S., R. 9 E., Livonia Township, (now City of Livonia) Wayne County, Michigan. (Plymouth Road right-of-way) the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Quit Claim Deed and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #761-73 RESOLVED, that the Council having considered a communication dated August 22, 1973 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the pro- posed improvement with regard to Gold Manor Estates Subdivision, located in the N. 1/2 of Section 9, 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 having prepared and caused to be prepared, plans and specifications therefor and an esti- mate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special 13974 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 August 22, 1973 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 8, 1973 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 City 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. By Councilman Bennett, seconded by Councilman Milligan, it was #762-73 RESOLVED, that the City Council having duly met and reviewed the special assessment levied on the Special Assessment Roll as prepared by the City Assessor to cover the district portion of the cost of street paving on Pamco Drive, N. E. 1/4 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, improvements to be constructed in the Special Assessment District No. 132, and all owners of record of property subject to the special assessments having submitted in writing a "waiver of notice and proceedings" in accordance with Section 2-531 of the Livonia Code of Ordinances, as amended, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code, (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated August 24, 1973, in the amount of $53,670.50 are fair and equitable and based upon benefits to be derived by construction of improve- ments proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said Special Assessment Roll No. 132 is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at a rate not to exceed six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1974. In such cases where the install- ments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1974 and subsequent installments on December 1st of succeeding years; 13975 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 pro- perty 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, 1974 pay the whole or any part of the assessment with- out interest or penalty; 5. The first installment shall be spread upon the 1974 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, to- gether with interest upon all unpaid installments from sixty (60) days after December 1, 1974 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) days 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 : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. jPetition 73-5-3-4) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 13976 Councilman Ventura gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 73-5-3-5) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave second 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 ORDI- NANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 73-2-1-5 FOR CHANGE OF ZONING FROM P.S. TO C-2. A roll call vote was taken on the foregoing Ordinance with the following result AYES: Ventura, Milligan, McCann and Nash. NAYS: Bennett, Brown and Raymond. 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 31 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. 73-2-1-7 FOR CHANGE OF ZONING FROM RUF TO R-4+. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 13977 far Councilman Ventura gave first reading to the following Ordinance : AN ORDINANCE AMENDING SECTION 1 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 73-3-1-8 FOR CHANGE OF ZONING ' FROM RUF TO P.O. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance : AN ORDINANCE AMENDING SECTION 26 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETI- TION 73-2-1-6 FOR CHANGE OF ZONING FROM M-1 TO C-3. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Raymond, it was #763-73 RESOLVED, that having considered a communication from David A. Perry, attorney at law, dated August 7, 1973, with regard to a communica- tion from the Michigan Liquor Control Commission dated August 3, 1973 concerning a request made by Dominic Picano for a new full year Class C License to be located at 36471 Plymouth Road, Livonia, Michigan, Wayne County, which request was previously recommended for approval in Council resolution No. 39-72, the Council does hereby determine that its prior approval on this request remains in full force and effect; 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. 13978 By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was ##764-73 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, October 8, 1973 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: Petition No. 73-7-1-26 submitted by Mario Fallone for a change of zoning of property located on the southwest corner of Seven Mile Road and Brentwood in the Northwest 1/4 of Section 12, from R-1 and RUF to C-1, the City Planning Commission having in its resolution No. 8-201-73 recommended to the City Council that Petition No. 73-7-1-26 be denied; further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing to cause to have a statement indicating the location of the proposed change of zoning as set forth first to be published in the official newspaper of the City or ti 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 rail- road 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. *Councilman McCann was excused at 8.50 p. m. By Councilman Bennett, seconded by Councilman Milligan, it was RESOLVED, that having considered a communication dated June 1, 1973 from the City Planning Commission which sets forth its resolution No. 5-109-73 with regard to Petition No. 73-4-1-15 initiated by Council resolu- tion No. 244-73 pursuant to Section 23.01(a) of Ordinance No. 543, as amended, for a change of zoning on property located at the southwest corner of Ann Arbor Road and Newburgh Road in the Northeast 1/4 of Section 31, from P.L. to C-2, and the Council having conducted a public hearing with regard to this matter on August 13, 1973, pursuant to Council resolu- tion No. 513-73, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 73-4-1-15 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: Bennett, Brown and Milligan. NAYS: Ventura, Raymond and Nash. The President declared the resolution DENIED. 13979 By Councilman Brown, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication dated June 1, 1973 from the City Planning Commission which sets forth its resolution No. 5-109-73 with regard to Petition No. 73-4-1-15 initiated by Council resolution No. 244-73 pursuant to Section 23.01(a) of Ordinance No. 543, as amended, for a change of zoning on property located at the southwest corner of Ann Arbor Road and Newburgh Road in the Northeast 1/4 of Section 31, from P.L. to C-2, and the Council having conducted a public hearing with regard to this matter on August 13, 1973, pursuant to Council resolu- tion No. 513-73, the Council does hereby determine to table this matter until such time as the Livonia School Board comes in with a definite plan for the development. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond and Nash. NAYS: Bennett, Brown and Milligan. The President declared the resolution DENIED. By Councilman Milligan, seconded by Councilman Raymond, it was imme #765-73 RESOLVED, that having considered a communication dated June 1, 1973 from the City Planning Commission which sets forth its resolution No. 5-109-73 with regard to Petition No. 73-4-1-15 initiated by Council resolution No. 244-73 pursuant to Section 23.01(a) of Ordinance No. 543, as amended, for a change of zoning on property located at the southwest corner of Ann Arbor Road and Newburgh Road in the Northeast 1/4 of Section 31, from P.L. to C-2, and the Council having conducted a public hearing with regard to this matter on August 13, 1973, pursuant to Council resolu- tion No. 513-73, the Council does hereby determine to refer the same to the School Board and City Council Joint Committee for the purpose of submitting a more definite plan for the use and development of the subject property. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. *Councilman McCann returned at 9:01 p. m. By Councilman Ventura, seconded by Councilman McCann, it was #766-73 RESOLVED, that having considered a communication dated May 31, 1973 from the City Planning Commission which sets forth its resolution No. 5-104-73 with regard to Petition No. 73-3-1-10 submitted by David H. Josephson and L. Jack Akey for a change of zoning on property located on the east side of Middlebelt Road between Terrence and Sunnydale in the 13980 100. Northwest 1/4 of Section 13, from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on August 13, 1973, pursuant to Council resolution No. 513-73, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 73-3-1-10, as amended to C-1, is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #767-73 RESOLVED, that having considered a communication dated June 1, 1973 from the City Planning Commission which sets forth its resolution No. 5-107-73 with regard to Petition No. 73-3-1-13 submitted by Albert R. Sund for a change of zoning on property located on the southwest corner of Seven Mile Road and Milburn Avenue in the Northwest 1/4 of Section 11, from R-1 to P.S., and the Council having conducted a public hearing with regard to this matter on August 13, 1973, pursuant to Council resolution No. 513-73, the Council does hereby determine to table action with respect to this matter for further consideration at such time as the City's new Master Land Use Plan has been completed. By Councilman Ventura, seconded by Councilman Brown, it was #768-73 RESOLVED, that having considered a communication dated May 31, 1973 from the City Planning Commission which sets forth its resolution No. 5-105-73 with regard to Petition No. 73-3-1-11 submitted by David L. Allen, Jr., Custom Builders, for a change of zoning on property located on the west side of Purlingbrook, north of Pembroke in the Northwest 1/4 of Section 2, from RUF to R-3, and the Council having conducted a public hearing with regard to this matter on. August 13, 1973, pursuant to Council resolution No. 513-73, the Council does hereby determine to table action with respect to this matter for further consideration at such time as the City's new Master Land Use Plan has been completed. A roll call vote was taken on the foregoing resolution with the following result- AYES: Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, and unanimously Ladopted, it was #769-73 RESOLVED, that having considered a communication dated August 20, 1973 from Eugene P. Brandt, Construction Engineer, Pizza Hut, Inc., which in accordance with the provisions of Section 19.08 of Ordinance No. 543, 13981 as amended, the Zoning Ordinance, takes an appeal from a determination made on August 14, 1973 by the City Planning Commission in its resolution No. 8-204-73 with regard to Petition No. 73-7-2-13 submitted by Eugene P. Brandt for Pizza Hut of Kalamazoo, requesting approval to construct a restaurant on property located on the west side of Merriman Road, north of Plymouth Road in the Southeast 1/4 of Section 27, the Council does hereby designate Monday, November 26, 1973 at 8:00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to do all things neces- sary in order to give proper notice in writing as well as by the publica- tion of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, it was #770-73 RESOLVED, that having considered the report of the School Board and City Council Joint Committee dated July 31, 1973 with respect to the opening of a street from Five Mile Road to Farmington Road, the Council does hereby request that the administration proceed expeditiously to work out the details of acquiring necessary right-of-way in connection with this project and thereafter submit a report and recommendation to Council. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #771-73 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 October, 1973- itednesday, October 10, 1973 Wednesday, October 24, 1973. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, this 768th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:30 P. M., September 12, 1973. ADDISON W. N Cit Clerk.