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HomeMy WebLinkAboutCOUNCIL MINUTES 1973-08-15 13900 MINUTES OF THE SEVEN HUNDRED SIXTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 15, 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 8:00 P. M.. Councilman Milligan delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Peter A. Ventura, Edward G. Milligan, Robert E4 McCann) Robert D. Bennett and *Jerry Raymond. Absent-- Jerry H. Brown (Excused). Elected and appointed officials present: Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; G. E. Siemert, Fire Chief, John Nagy, City Planner, John T. Dufour, Superintendent of Parks and Recrea- tion; Jack Dodge, Budget Director; Robert Biga, Personnel Analyst II; and Fred H. L Lunde, Assistant Chief Accountant. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #644-73 RESOLVED, that the minutes of the 765th regular meeting of the Council of the City of Livonia, held on July 25, 1973, are hereby approved. The following resolution was unanimously introduced, supported and adopted: #645-73 WHEREAS, a small but intrepid band of five Felician Sisters first came to America in 1874; and WHEREAS, despite incredible hardships, their perseverance and singleness of purpose have caused this religious order to flourish so that today there are some five thousand (5,000) Felician Sisters dedicated to the highest principles of Christianity; and WHEREAS, Madonna College, Ladywood High School and St. Mary Hospital in our own City stand as living testimony of their dedication to mankind, NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Council of the City of Livonia do hereby take this means to extend congratulations to the Congregation of the Sisters of St. Felix (Felician Sisters) upon the forthcoming occasion of their first century of service in America and to acknowledge the meaningful contributions to society made possible by their labor and devotion. 1.3901 LThe following resolution was unanimously introduced, supported and Adopted. #646-73 RESOLVED, that having considered a communication dated July 3, 1973 from the Michigan Municipal League with respect to the annual meeting of the members of the Michigan Municipal League to be conducted at Grand Rapids from September 4, 1973 to September 7, 1973, the Council does hereby determine to designate Edward H. McNamara as a voting delegate and Official Representative of the City of Livonia at such annual meeting and Addison W. Bacon as the alternate voting delegate and Representative of the City of Livonia in this regard; and the City Clerk is hereby requested to forward a copy of this resolution to the Michigan Municipal League at its headquarters, 1675 Green Road, Ann Arbor, Michigan 48105. The communication dated August 1, 1973 from senior citizens of McNamara Towers #1 and 42 expressing their appreciation for the recreational equipment furnished by the City for their use, was received and filed for the information of the Council. The communication from the Department of Law dated August 7, 1973, with Lrespect to Michigan Court of Appeals Docket No. 14480 (GBW Company vs City of Livonia) was received and filed for the information of the Council. The communication from the Parks and Recreation Department dated July 10, 1973 in response to CR-508-73, with respect to the incident at Rotary Park the week end of July 15, 1973, was received and filed for the information of the Council. The communication dated July 31, 1973 from the Livonia Housing Commission relative to Livonia Senior Citizen Housing Needs (CR-263-73 and CR-774-72), was received and filed for the information of the Council. The communication from the City Engineer, dated July 23, 1973, with respect to the traffic barrier on Purlingbrook at St. Martins (CR-773-72) was received and filed for the information of the Council. The Resolution presented by the Society of Livonia A9ministrative and Professional Personnel, relative to "SPREE 23", was received and filed for the Lip information of the Council. The following resolution was unanimously introduced, supported and adopted: 13902 #647-73 WHEREAS, Robert E. Fryer joined the Michigan Municipal League as an attorney in 1948, and WHEREAS, by virtue of his diligence, ability and personality he achieved the status of League Director in 1963; and WHEREAS, local governments throughout the State have found the League to be an excellent source of information and help in solving their particular problems, and WHEREAS, Robert E. Fryer, Director of the Michigan Municipal League, is this year marking the occasion of his 25th anniversary with the League, NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Council of the City of Livonia do hereby take this means to congratulate Robert E. Fryer upon reaching this significant milestone and to commend him for the outstanding service he has rendered to communities throughout this State. Councilman McCann gave second reading to the following Ordinance: AN ORDINANCE AMENDING THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING CHAPTER 5 (TO REGULATE THE OPERATION, LANDING, AND TAKE-OFFS OF HELICOPTERS) TO TITLE 6 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Milligan, McCann, Bennett, Ventura and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 3-418 AND 3-4C6, PARAGRAPH (2) OF CHAPTER 4 OF TITLE 3 (ANIMALS AND FOWL) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Ventura and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 13903 Councilman Milligan gave second reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 26.04 AND 26.05 OF ARTICLE XXVI OF ORDINANCE NO. 543, AS AMENDED, Ki'0WN AND CITED AS THE "ZONING ORDINANCE OF THE CITY OF LIVONIA." (Petition 72-8-6-10) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Ventura and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Bennett, seconded by Councilman Ventura, it was #648-73 RESOLVED, that having considered a communication dated April 3, 1973 from the City Planning Commission which transmits its resolution No. 3-51-73 with regard to Petition No. 72-11-3-15 submitted by D & K Enterprises, Clair-Ann Company and Livonia National Bank requesting to vacate a portion of Woodring Avenue located between the branch of Livonia National Bank and the parking lot on the east side of Woodring, north of Five Mile Road in the Southwest 1/4 of Section 15, City of Livonia, Wayne County, Michigan, the Council does hereby refer this matter to the City Planning Department for its report and recommendation, and specifically to prepare the following terms and conditions for inclusion in the Vace- ing Ordinance or by separate instrument: 1. Establish language and description of "T" turn-around easement. 2. Establish language and description of future-use easement to City and/or others upon concurrence of City for access to Lot 71. 3. Provide language and incorporate site plan for the physical treatment by D & K Enterprises of the portion of Woodring to be vacated, (a) paving, (b) landscaping, (c) parking layout and (d) curbing and barricading, and such report to be submitted for consideration at the Study Session to be conducted on September 5, 1973. A roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, McCann, Bennett and Ventura. NAYS: Nash. The President declared the resolution adopted. 13904 By Councilman Bennett, seconded by Councilman Ventura, it was #649-73 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated July 10, 1973 and submitted pursuant to Council resolution No. 238-73 with regard to a communication dated December 29, 1972 from the City Planning Commission which sets forth its resolution No. 11-320-72 with regard to Petition No. 72-10-6-11 submitted by the City Planning Coirmissio;, initiated by Council resolution No. 684-72, so as to provide that delicatessens and/or carry-out restaurants shall be permitted only as a waiver use in C-2 Districts in lieu of being a permitted use in C-1 Districts, and the Council having conducted a public hearing with regard to this matter on March 5, 1973, pursuant to Council resolution No. 41-73, the Council does hereby determine to reject the recommendation of the City Planning Commission and the said Petition No. 72-10-6-11 is hereby denied. A roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, Bennett and Ventura. NAYS: McCann and Nash. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Milligan, it was #650-73 RESOLVED, that having considered a communication dated July 3, 1973 from the Michigan Liquor Control Commission with regard to an application from Wing Nin Yee, 37124 Sherwood, Livonia, Michigan, for a new full year Class "C" License to be located at 31180 Five Mile Road, Livonia, Michigan, the Council does hereby determine to refer the same to its Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result• AYES: Milligan, McCann, Bennett and Nash. NAYS: *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement: My 'no' vote is cast because I feel that the petitioner should be given the opportunity to come in and present his plans for said License. By Councilman Bennett, seconded by Councilman Milligan, it was #651-73 RESOLVED, that having considered a communication from the City Engineer dated July 3, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the dedication as a public street of the following described city-owned property: 13905 A sixty foot wide street, commonly known as Woodring Avenue, lying west of and adjacent to lots 1807 to 1813, both inclusive, Rosedale Gardens Subdi- vision No. 9, as recorded in Liber 73, Page 41, Wayne County Records, said subdivision being a part of the N.W. 1/4 of Section 34, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan the Council does hereby determine that the City of Livonia shall relinquish the aforedescribed property for Street and Roadway purposes and does in this regard request that the Wayne County Bureau of Taxation designate the same as public right-of-way on all maps and records issued by the Bureau of Taxation, further, the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Bureau of Taxation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was 4652-73 RESOLVED, that having considered a communication dated July 10, 1973 from the City Planning Commission which transmits its resolution No. 6-163-73 with regard to Petition No. 73-5-3-4 submitted by James and Melanie King for vacating an alley located north of Curtis between Myron and Stamford in the Northeast 1/4 of Section 9, City of Livonia, Wayne County, Michigan, the Council does hereby grant the said petition, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #653-73 RESOLVED, that having considered a communication dated July 10, 1973 from the City Planning Commission which transmits its resolution No. 6-164-73 with regard to Petition No. 73-5-3-5 submitted by the City Plan- ning Commission, pursuant to council resolution No. 305-73, requesting to vacate a portion of Woodring Avenue located between Van Court and Orange- lawn in Section 34, and a portion of Roselawn Avenue located north of Orangelawn Avenue to the Alfred Noble Library in Section 34, City of Livonia, Wayne County, Michigan, the Council does hereby grant the said Petition subject, however, to the retention of a full width easement in that portion of the right-of-way recommended for vacating, and the Depart- ment of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. 13906 By Councilman McCann, s econded by Councilman Bennett, it was #654-73 RESOLVED, that having considered the report and recommendation dated July 18, 1973 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a communication from the architectural firm of Ralls-Hamill- Becker-Carne, Inc. with an application and certificate for final payment, the Council does hereby authorize Final Payment in the amount of $25,626.10 to Detroit Steel Buildings, Inc., 13090 Northend Avenue, Oak Park, Michigan 48237, which sum includes the full and complete balance due on a contract dated June 30, 1972 in the amount of $66,630.00, and also the sum of $973.00 for additional work performed by the aforesaid company in connection with the construction of a steel building for the Livonia D.P.W. Facilities, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with city standards and specifications and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed; and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, McCann, Bennett, Ventura and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #655-73 RESOLVED, that having considered the report and recommendation dated July 9, 1973 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a communication from the architectural firm of Ralls-Hamill- Becker-Carne, Inc., with an application and certificate for final payment, the Council does hereby authorize Final Payment in the amount of 43,000.74 to Monolith Construction Company, Inc., 1755 Martindale Road, Milford, Michigan 48042, which sum includes the full and complete balance due on a contract dated June 30, 1972 in the amount of $129,193.00 (less $880.66) in connection with the architectural trades contract for the construction of the new Livonia D.P.W. Facilities, it appearing from the aforementioned report that all work under the said contract has been completed in accord- ance with City standards and specifications, and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed, and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES: Milligan, McCann, Bennett, Ventura and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Milligan, it was 13907 #656-73 RESOLVED, that having considered a communication from the Personnel Director, dated July 9, 1973, approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commis- sion on June 19, 1973 wherein it is 'ecommended that pay rates for Ice Figure Skating personnel in the Dep •tment of Parks and Recreation be increased to provide as follows: Adjustments Per Season Classification 1st 2nd 3rd Supervisor $7.50 $8.00 $8.50 Senior Figure Skating Instructor 6.75 7.00 7.25 Junior Figure Skating Instructor 6.25 6.50 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: Milligan, McCann, Bennett, Ventura and Nash. NAYS: None. *Councilman Raymond arrived at 8.35 p. m. By Councilman McCann, seconded by Councilman Ventura, it was #657-73 RESOLVED, that having considered the communication from the City Engineer dated July 13, 1973, approved by the Director of Public Works and approved for submission by the Mayor, which transmits a copy of a letter dated June 26, 1973 from the Board of Wayne County Road Commis- sioners, and having considered the necessity for the installation of a traffic signal control device to be located at the intersection of Middle- belt Road and Puritan Avenue, the Council does hereby authorize the installation of the same; further, the Council having been advised that the estimated cost of the traffic signal installation is $3,540.00 does hereby approve of the city assuming 50% of the total cost of such installa- tion, and for this purpose does hereby authorize the expenditure of a sum not to exceed $1,770.00 from the Motor Vehicle Highway Fund (Major Roads), and the Board of Wayne County Road Commissioners is hereby requested to cause such traffic signal to be installed at the aforesaid location in an expeditious manner; and the City Clerk and the City Treasurer are herein authorized to do all things necessary to the full performance of this resolution; and further, the City Clerk is also requested to send a certified copy of this resolution to the Board of Wayne County Road Com- missioners to the attention of the Engineer of Traffic and Safety. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Ventura, Raymond and Nash. NAYS: None. 13908 By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #658-73 RESOLVED, that having considered the communication from the City Engineer dated July 13, 1973, approved by the Director of Public Works and approved for submission by the Mayor, which transmits a copy of a letter dated June 26, 1973 from the Board of Wayne County Road Commis- sioners with respect to the installation of a traffic signal control device to be located at the intersection of Merriman Road and Puritan Avenue, the Council does hereby determine to refer this matter to the Traffic Commission for its report and recommendation in this regard. By Councilman Ventura, seconded by Councilman Raymond, it was #659-73 RESOLVED, that having considered a communication from the City Engineer dated July 10, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to survey and legal fees incurred by the General Motors Corporation and the Oxford Building Company in donating right-of-way on Middlebelt Road in connection with the C & 0 Railroad Grade Separation project, the Council does hereby authorize payment of the following amounts for the purpose of reimbursing the afore- said firms as follows. 1. Argonaut Division of General Motors $1,102.00 2. Oxford Building Company 985.00 3. Dykema, Gossett, Spencer, Goodnow & Trigg 410.00 Total $2,497.00 and the Council does hereby authorize the expenditure of the aforesaid sums from the Motor Vehicle Highway Fund (Major Roads), and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #660-73 RESOLVED, that having considered a communication from the City Treasurer dated July 13, 1973 with regard to the cost involved in the printing and collating of the annual directory of business firms in the City of Livonia, as compiled from the 1973 personal property assessment roll, the Council does hereby authorize the transfer of the sum of $400.00 from Account #253-861 "Auto Allowance" to Account #253-904 "Printing" for this purpose. 13909 A roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, McCann, Bennett, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #661-73 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated June 28, 1973, which bears the signature of the Budget Director, and approved for sub- mission by the Mayor, with regard to the second year funding of the School Liaison Program for the City of Livonia by the Office of Law Enforcement Assistance Administration, the Council does hereby appropriate the sum of $7,000.00 from the Unexpended Fund Balance Account for the purpose of providing the Cash Match required to comply with Federal funding require- ments in connection with this project. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #662-73 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated June 28, 1973, which bears the signature of the Budget Director, and approved for submis- sion by the Mayor, with regard to the second year funding of the System Analyst Project by the Office of Law Enforcement Assistance Administration, the Council does hereby appropriate the sum of $3,530.00 from the Unexpend- ed Fund Balance Account for the purpose of providing the Cash Match required to comply with Federal Funding Requirements in connection with this project. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #663-73 RESOLVED, that having considered a communication from the City Planning Commission dated June 22, 1973 which transmits its resolution No. 6-159-73 adopted by the Commission on June 19, 1973 with regard to Petition No. 73-6-8-24 submitted by Schostak Brothers requesting approval of sign design plans, submitted in connection with the proposed erection of signs on existing buildings located within the shopping center located 13910 on the northwest corner of Farmington Road and Seven Mile Road in the Southeast 1/4 of Section 4, the Council does hereby, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 73-6-8-24 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planni.n(; Commission. Councilman McCann gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 8-250 OF TITLE 8, CHAPTER 2 (MISDEMEANORS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, DELETING SUB-SECTION (c) (3) THEREFROM. 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. The communication from the Planning Commission, dated July 3, 1973, with respect to an extension for a period of one year for Currie Court Industrial Subdivision, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #664-73 RESOLVED, that having considered communications dated July 17, 1973, July 30, 1973 and August 7, 1973 from Livonia Pavilion East, wherein a request is made for the refund of certain building permit fees, the Council does hereby determine to refer this matter to the Bureau of Inspection for its report and recommendation. By Councilman McCann, seconded by Councilman Ventura, it was #665-73 RESOLVED, that having considered a communication dated March 12, 1973 from the Superintendent of Parks and Recreation, approved by the Budget Director and approved for submission by the Mayor, and communica- tions dated July 17, 1973, and July 24, 1973, from the Mayor, as well as a communication dated July 20, 1973 from Ralls-Hamill-Becker-Carne, Inc., the Council does hereby designate as Architect/Construction Manager the firm of Ralls-Hamill-Becker-Carne, Inc., 15223 Farmington Road, Livonia, Michigan 48154, for the construction of a Locker Room Addition to the Devon-Aire Recreation Center for the estimated construction cost of $57,320.00; further, the Council does hereby request the Department of Law to negotiate a contract for the employment of the said architectural firm for submission to Council for approval. 13911 A roll call vote was taken on the foregoing resolution with the following result. L AYES: Milligan, McCann, Bennett, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #666-73 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated April 4, 1973, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to council resolution No. 180-73, and in accordance with the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed improvement of Jamison Avenue between Middlebelt Road and Harrison, City of Livonia, Michigan, and a public hearing having been held thereon on June 25, 1973 pursuant to council resolution No. 351-73, after due notice as required by Title 2, Chapter 5 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the special assessment proceeding heretofore commenced for L the proposed improvement. By Councilman McCann, seconded by Councilman Milligan, and unanimously adopted, it was #667-73 RESOLVED, that the Council does hereby request a report and recommendation from the City Engineer concerning the proposed improvement of Jamison Avenue between Middlebelt Road and Harrison Avenue as well as other streets in this area giving particular consideration to alternate methods of special assessments. By Councilman McCann, seconded by Councilman Ventura, it was #668-73 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated July 19, 1973, approved by the Mayor and the Budget Director, wherein it is requested that the Council waive the bidding procedures provided for in the financial ordi- nance pursuant to the exception provided in Section 2-212 (d) (1) and (4), since there appears to be an emergency concerning brush pick up in the city, as well as for the other reasons set forth in the aforesaid com- munication, the Council does hereby determine to concur in and approve of such action and for this purpose authorizes the Department of Parks and Recreation to employ Heath International, 33737 Thirty-Two Mile Road, Richmond, Michigan, 48062, for a period not to exceed three weeks at the L rate of $865.00 per week, per unit, as detailed in the aforesaid com- munication; and for this purpose the Council does hereby authorize the expenditure of a sum not to exceed $5,190.00 from the Refuse Fund, Acct. #525-886.1; and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. 13912 A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, McCann, Bennett, Ventura, Raymond and Nash. NAYS: None. The communication dated July 27, 1973 from Laura Virant, requesting use of Devon-Aire Park for a Muscular Dystrophy Carnival, was received and filed for the information of the Council. The following resolution was unanimously introduced, supported and adopted #669-73 RESOLVED, that having considered a communication from the Sacred Heart Byzantine Rite Catholic Church, 29125 W. Six Mile Road, Livonia, Michigan 48152, wherein a request is made for the waiver of inspection fees provided for by city ordinance in connection with the conducting of a harvest fair at the aforesaid property on September 14, 15 and 16, 1973, the Council does hereby determine to concur in and approve of this request, and the City Clerk and the Bureau of Inspection are hereby requested to do all things necessary or incidental to the full performance of this resolution. The following resolution was unanimously introduced, supported and adoptod- #670-73 RESOLVED, that having considered a letter dated August 1, 1973 from Mrs. Fred Keener, 14386 Houghton Avenue, Livonia, Michigan 48154, on behalf of residents of Houghton Street, requesting permission to have the street (between Lyndon Street and Mason Street) blocked off from 5 00 p.m. to 11:00 p.m. on Saturday, September 8, 1973 for the purpose of holding a block party, and also requesting the use of the city's lighted barri- cades in connection therewith, the Council does hereby grant permission to block off Houghton Street (between Lyndon Street and Mason Street) as requested in the aforesaid communication, subject to the approval of the Police Department; and the department of Public Works is hereby requested to do all things necessary or incidental to the full performance of this resolution. The following resolution was unanimously introduced, supported and adopted: #671-73 RESOLVED, that having considered a letter dated August 2, 1973 from Mrs. Penny Padden, Secretary, in behalf of Nottingham Woods Civic Association, requesting permission to block off traffic on Balmoral and Balmoral Court from 8:00 p.m. to 12:30 a.m. on Saturday, August 25, 1973, for the purpose of holding a block party, the Council does hereby grant permission to block off Balmoral and Balmoral Court as requested in the aforesaid communication, subject to the approval of the Police Department. By Councilman McCann, seconded by Councilman Milligan, it was 13913 #672-73 RESOLVED, that having considered a communication from the Depart- ment of Law dated August 6, 1973 transmitting for acceptance a Quit Claim Deed executed on July 16, 1973 by The Wickes Corporation, San Diego, California, conveying to the City certain property as right-of-way on Seven Mile Road, which conveyance is more particularly described as. The north 60 feet of that part of the N.E. 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as: Beginning at a point on the North line of Section 11 distant S. 89° 52' 00" W. 493.92 feet from the N.E. corner of Section 11, T. 1 S., R. 9 E., proceeding thence S. 0° 03' 00" E. 658.38 feet, thence S. 89° 52' 00" W. 599.45 feet, thence N. 0° 03' 00" W. 658.38 feet, thence N. 89° 52' 00" E. 599.45 feet along the North line of Section 11 to the point of beginning. (Bureau of Taxation Parcel 11Alla, 11A7 to 10, 11AG, 11A5) (Seven Mile Road right-of-way) 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 Wayne County Rggister of Deeds and to do all other things necessary or incidental to the full perform- ance of this resolution, further, the Council does hereby authorize the Mayor and the City Clerk to execute a Quit Claim Deed in behalf of the City of Livonia wherein the City conveys the right-of-way received herein from The Wickes Corporation to the Wayne County Road Commission, and for this purpose the Council does hereby request the Department of Law to prepare the aforesaid Quit Claim Deed 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: Milligan, McCann, Bennett, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #673-73 RESOLVED, that having considered a communication from the Gold Construction Company, Inc., dated August 6, 1973, and before determining to install street lighting in the Gold Manor Estates Subdivision in the City of Livonia, Michigan, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of Parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications there- for and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 2-514 of the Livonia Code of Ordinances, as amended. 13914 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Ventura, Raymond and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Milligan, and unanimously adopted, it was #674-73 RESOLVED, that having considered a communication dated July 2, 1973 which bears the names of 76 residents in the Schulgren Subdivision, and before determining to install street lighting in the said subdivision, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proporti'n of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 2-514 of the Livonia Code of Ordinances, as amended. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 2.08 AND 2.10 OF ARTICLE II OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE". (Petition No. 73-3-6-5) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4.02 OF ARTICLE IV: SECTION 5.02 OF ARTICLE V AND SECTION 7.02 OF ARTICLE VII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition 73-3-6-6) 13915 By Councilman Bennett, seconded by Councilman Ventura, and unanimously adapted, it was #675-73 RESOLVED, that having considered the proposed amendment to the Zoning Ordinance, submitted by the Department of Law under date of August 6, 1973 with respect to Petition No. 73-3-6-6 (Accessory uses in residential districts), such proposed Ordinance having been given its First Reading by Councilman Milligan on August 15, 1973, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 22.04 OF ARTICLE XXII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." 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 Bennett gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 27.04 OF ARTICLE XXVII AND SECTION 29.04 OF ARTICLE XXIX OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition 73-2-6-3) 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. 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 ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 73-2-1-5 FOR CHANGE OF ZONING FROM P.S. TO C-2. 13916 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 Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 23.03 OF ARTICLE XXIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition 73-1-6-1) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman McCann, it was #676-73 RESOLVED, that having considered a communication dated May 1, 1973 from the City Planning Commission which sets forth its resolution #4-79-73 with regard to Petition #73-2-1-7 submitted by Carl Thomas requesting to rezone property located at the northeast corner of Joy Road and Stonehouse in Section 31, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on July 23, 1973, pursuant to council resolution #411-73, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition #73-2-1-7 as amended pursuant to letter dated April 5, 1973 from the petitioner requesting a change of zoning from RUF to R-4 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: Milligan, McCann, Bennett, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was 13917 #677-73 RESOLVED, that having considered a communication dated May 1, 1973 from the City Planning Commission which sets forth its resolution #4-81-73 with regard to Petition #73-3-1-8 submitted by Louis G. Redstone Associates, Inc. for a change of zoning on the south side of Eight Mile Road, east of Brentwood in the Northwest 1/4 of Section 1, from RUF to P.O., and the Council having conducted a public hearing with regard to this matter on July 23, 1973, pursuant to council resolution #411-73, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition #73-3-1-8 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 hereby 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: Milligan, McCann, Bennett, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was #678-73 RESOLVED, that having considered a communication dated May 4, 1973 from the City Planning Commission which sets forth its resolution #4-78-73 with regard to Petition #73-2-1-6 submitted by Robert Gagliardi for a change of zoning on the southeast corner of Schoolcraft Road and Merriman in the Northwest 1/4 of Section 26, from C-1 and M-1 to C-3, and the Council having conducted a public hearing with regard to this matter on July 23, 1973, pursuant to council resolution #411-73, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition #73-2-1-6 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 hereby 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: Milligan, McCann, Bennett, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded byCouncilman Bennett, and unanimously adopted, it was #679-73 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 (MSA Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the- City of Livonia on Monday, September 24, 1973, at 8:00 p. m , at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items: 13918 1. Petition No. 73-6-1-22 submitted by Michigan National Bank West Metro for a change of zoning of property located on the north side of Seven Mile Road between Farmington Road and Gill Road in the Southeast 1/4 of Section 4, from RLP to C-1, the City Planning Commission having in its resolution #7-181-73 recommended to the City Council that Petition #73-6-1-22 be approved. 2. Petition No. 73-6-1-23 submitted by Michael E. Katulski, attorney for Herman Borlack, d/b/a Alan Lori Carpet Company, for a change of zoning of property located on the west side of Middlebelt between St. Martins and Bretton in the Southeast 1/4 of Section 2, from RUF to C-2, the City Planning Commission having in its resolution #7-182-73 recommended to the City Council that Petition #73-6-1-23 be approved as amended to C-1. 3. Petition No. 73-6-1-24 submitted by Andrew J. Masters for a change of zoning of property located on the west side of Arcola, north of Plymouth Road in the Southeast 1/4 of Section 25, from R-1 to P, the City Planning Commission having in its resolution #7-179-73 recommended to the City Council that Petition #73-6-1-24 be approved. 4. Petition No. 73-6-1-25 submitted by Ronald W. Broquet for a change of zoning of property located on the west side of Farmington Road, south of Eight Mile Road in the Northeast 1/4 of Section 4, from RUF to P.S., the City Planning Commission having in its resolution #7-180-73 recommended to the City Council that Petition #73-6-1-25 be approved. further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing to cause to have a statement indicating the location of the proposed changes of zoning as set forth above first to be published in the official newspaper of the city or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 5-1407 OF CHAPTER XIV (GARAGE, YARD, BASEMENT AND RUMMAGE SALES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 13919 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the L office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Milligan gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. Petition 72-7-3-7 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was L #680-73 RESOLVED, that having considered Petition #73-8-3-7 submitted by Maurice B. Calfin and Susan L. Calfin, 31633 Gable, Livonia, Michigan, under date of July 31, 1973, received in the City Clerk's office on August 1, 1973, wherein a request is made for the vacating of a certain easement, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of Law and City Ordinance. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #681-73 RESOLVED, that having considered Petition #73-7-3-6 submitted by Sidney Spitz, 22600 Saratoga Drive, Southfield, Michigan, 48075 under date of July 20, 1973, received in the City Clerk's office on July 23, 1973, requesting the release of a portion of a dedicated right-of-way, adjacent to Lot 1, Alden Village Subdivision, City of Livonia, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of Law and. City Ordinance. At the direction of the Chair, the item on the agenda with respect to the proposed Municipal Airport Study (CR-547-73) was removed and will be considered L at the next regular meeting to be conducted on August 29, 1973. At the direction of the Chair, the item on the agenda with respect to the Class "C" License for Marvin Chin was removed and will be considered at the next regular meeting to be conducted on August 29, 1973. 13920 The communication dated July 27, 1973 from the Michigan Liquor Control Commission, with respect to the final approval of Class "C" License for John Del Signore, was received and filed for information of the Council. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #682-73 RESOLVED, that the preliminary plat of the proposed Gold Manor Estates Subdivision situated in the N. 1/2 of Section 9, City of Livonia, Wayne County, Michigan, having previously received the tentative approval of the City Planning Commission on March 20, 1973, by its resolution #3-64-73, and having been approved in a report dated March 23, 1973 from the City Engineer, said report having appended thereon the signatures 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 14, 1973 in its resolution #8-209-73; and further, the Council having considered a letter from the City Clerk dated August 15, 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 Gold Manor Estates Subdivision located in the N. 1/2 of Section 9, City of Livonia, Wayne County, Michigan, as submitted by Gold Construction Company, Inc., as proprietor, the proprietor thereof being required to do all things neces- sary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, 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, and unanimously adopted, it was #683-73 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 September, 1973: Wednesday, September 12, 1973 Wednesday, September 26, 1973. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #684-73 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. The following resolution was unanimously introduced, supported and adopted: 13921 4685-73 RESOLVED, that having considered a letter dated August 13, 1973 from Mrs. W. A. Halfpap, 32843 Oakley Ave., Livonia, Michigan, 48154, requesting to block off Loveland Street, between Oakley and Barkley, on Saturday, September 15, 1973 from 8:00 p. m. to 12:00 p. m., for the purpose of holding a street dance, the Council does hereby grant permis- sion to block off Loveland Street, between Oakley and Barkley, as requested in the aforesaid communication, subject to the approval of the Police Department. By Councilman Ventura, seconded by Councilman Raymond, it was #686-73 RESOLVED, that having considered a communication from the City Planning Commission dated July 23, 1973, approved as to funds by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of Parkins-Rogers Associates, Inc. in the amount of $18,000.00 for providing the City with professional services for Residential Market Study, Commercial Base Study and Preliminary Land Use Plan in con- nection with the preparation of the City-wide Comprehensive Land Use Plan, since the same is one of the two lowest quotations received for this item as well as for the other reasons set forth in the aforesaid communication; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City with the aforesaid firm as well as to do all other things necessary or incidental to the full performance of this resolution. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #687-73 WHEREAS, having considered a communication dated July 24, 1973 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the award of a new three (3) year contract for solid waste collection and disposal, and; WHEREAS, the City of Livonia, desiring to enter into a contract for the collection and disposal of municipal solid wastes of the City of Livonia, did advertise according to law and pursuant to the authorization set forth in council resolution #591-73, adopted on July 11, 1973, and; WHEREAS, the Council of the City of Livonia has determined that the acceptance of the bid submitted by Commercial Removal, Inc., 21430 West Eight Mile Road, Southfield, Michigan 48075, a Michigan corporation, which is the lowest and only bid received for such services, would be in the best interests of the City of Livonia, NOW, THEREFORE, BE IT RESOLVED, that the Council does hereby accept the bid of Commercial Removal, Inc. , Dated July 23, 1973, for Refuse Collection Work for a three-year period commencing October 1, 1973 and ending September 30, 1976, in accordance with the terms, conditions and specifications referred to in the said legal advertisement and contract documents, at the following unit prices: 13922 1. Basic Residential, Commercial and Industrial Collection and Disposal Service $2.48 per month per unit 2. Special Large Item Collection and Disposal Service 0.195 per month per unit Total Bid $2.675 per month per unit further, that the base figure for collection units set forth in the bid specifications, shall be the same as that which pervails at the time of the expiration of the present contract (i.e. September 30, 1973) anything in the bid specifications of a new contract to the contrary notwithstanding; and that the successful bidder named above shall execute with the City the proposed Contract within ten (10) days from the date of this resolu- tion and shall deposit with the City upon or prior to the execution of the proposed contract duplicate policies or certificates of insurance, the performance bond and cash bond as required by the aforementioned contract documents; and the Mayor and the City Clerk are hereby authorized to affix signatures to the proposed contract for and on behalf of the City of Livonia and to do all things necessary or incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Ventura, Raymond and Nash. NAYS: None. *Councilman Raymond was excused at 9:04 p. m. By Councilman Ventura, seconded by Councilman McCann, it was #688-73 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated June 27, 1973, and the report and recom- mendation of the Chief of Police dated August 13, 1973 in connection there- with, the Council does hereby approve of the request from George Khamis and Khamis Ziadeh for transfer of ownership of 1973 SDD and SDM License from B & B Drugs, Incorporated located at 28287 Plymouth Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Ventura and Nash. NAYS: None. *Councilman Raymond returned at 9:05 p. m. By Councilman McCann, seconded by Councilman Ventura, it was 13923 #689-73 RESOLVED that, Ager Building Company, 20715 Northome, Southfield, Michigan 48075, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Bainbridge Courts Subdivision, located in the N.W. 1/4 of Section 11, City of Livonia, the said proposed preliminary plat being dated March 6, 1972, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on March 7, 1972; and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated August 13, 1973; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions : (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 9, Chapter 1 of the Livonia Code of Ordi- nances, as amended, the Subdivision Regulations of the Planning Commis- sion, the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended; (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 9-122 of the said Subdivision Control Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) Cash Payments to be made to the City: Trees $ 1,870.00 Street Name Signs 300.00 Traffic Control Signs 125.00 Monuments & Markers (cash escrow) 1,825.00 Street Lighting Notification Sign 75.00 Plan Review, Field Inspection and Administration (Engineering Fee, 5% before contingencies) 15,727.50 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Plan- ning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; 13924 (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvyments the proprietor may file with the City of Livonia a corporate/TAWcertified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as shall be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts: General Improvement Bond - $333,600.00, of which at least 10,000.00 shall be in cash Sidewalk Bond - $ 12,400.00, of which at least 2,480.00 shall be in cash (9) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the subdivision, in accordance with City Ordinances. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #690-73 RESOLVED, that having considered a communication from the Depart- ment of Law dated August 8, 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 Rails- Hamill-Becker-Carne, Inc., 15223 Farmington Road, Livonia, Michigan, wherein the said firm would provide architectural and construction manage- ment services for the proposed 25-meter outdoor swimming pool and bath- house at Shelden Park, 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Ventura, Raymond and Nash. NAYS: None. 13925 *Councilman McCann was excused at 9:06 p. m. By Councilman Milligan, seconded by Councilman Raymond, it was #691-73 RESOLVED, that having considered a communication from the City Engineer dated July 20, 1973, approved by the City Attorney and the Director of Public Works and approved for submission by the Mayor relative to acquiring right-of-way from the Livonia Board of Education at their Elm School property on Middle Belt Road in connection with the construction of C & 0 RR Grade Separation, the Council does hereby authorize the acquisition of the said right-of-way for a purchase price in the amount of $38,400.00, and such amount is appropriated and authorized to be expended from the Motor Vehicle Highway Fund (Major Road Account) for this purpose; further, the Council does hereby request that the Livonia Board of Education authorize the City or its agents to demolish and remove the the existing buildings located on the Elm School property, and enter upon and have use of the subject property for the purpose of constructing a temporary by-pass road and relocating an existing water line within this area, further, the Council does hereby determine that the City of Livonia will assume full and complete responsibility in connection with aforesaid demolition of buildings and by-pass road and water line construction so as to assure that the Livonia Board of Education is discharged from any and all liability in connection with such work; and the Department of La—, Engineering Division, City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Bennett, Ventura, Raymond and Nash. NAYS: None. *Councilman McCann returned at 9:07 p. m. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, this 766th regular meeting of the Council of the City of Livonia was duly adjourned at 9:10 p. m.,August 15, 1973. 4 41:114111 ADDISON W. BAC' , lerk.