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HomeMy WebLinkAboutCOUNCIL MINUTES 1973-06-27 8,7 MINUTES OF THE SEVEN HUNDRED SIXTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 27, 1973, the above meeting was held at tie City Hall, 3300 I' ve Mile Road, Livonia, Michigan, and was called to order by the President of the Cou. ^ 1 at approximately 8:10 P. M.. Councilman Bennett delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry Brosn, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; H, ,ry C. Tatigian, City Attorney; Ronald Mardiros, City Assessor; John T. Dufour, Superintendent of Parks and Recreation; William Joyner, Administrative Assistant to the Mayor; Robert Turner, Police Chief; John Bunk, Fire Chief, Thomas Griffiths, Jr, , Chief Accountant; Gary Clark, Assistant City Engineer, John Nagy, City Planner; Jack Dodge, Budget Director; Francis Hand, Planning Commission; and Suzanne H. Taylor of the Planning Commission. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #500-73 RESOLVED, that the minutes of the 762nd regular meeting of the Council of the City of Livonia, held June 13, 1973, are hereby approved. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #501-73 RESOLVED, that the audit of City functions, as prepared by the firm of Coopers & Lybrand, Certified Public Accountants, transmitted by the City Clerk under date of June 26, 1973, is hereby referred to the Finance and Insurance Committee for its report and recommendation. The commendation from the Federation of Livonia Civic Associations, date? June 12, 1973, with respect to lot split at Curtis and Merriman, was received and filed for the information of the Council. 13803 The communication dated June 12, 1973 from the Department of Law with respect to Wayne County Circuit Court Civil Action No. 72-220470-CZ (Republican Party of Livonia vs City of Livonia) was received and filed for the information of the Council. Councilman McCann gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 3-113(c) OF TITLE 3 (NUISANCES), CHAPTER 1 ARTICLE 2 (NOISE) 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 McCann gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6-160(b) OF TITLE 6, CHAPTER 1 (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. The communication dated June 7, 1973 from the City Engineer, with regard to the status of Five Mile Road acquisition of Kline property (C.R. 431-72), was received and filed for the information of the Council. The communication from the Livonia Jaycees, dated June 14, 1973, express- ing support for the activities of the CCODA program, was received and filed for the information of the Council. 13809 The communication dated June 19, 1973 from the City Clerk, transmitting Financial Reports for the period ending May 31, 1973 for various funds of the City, was received and filed for the information of the Council. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 13 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 NO. 73-1-1-1 FOR CHANGE OF ZONING FROM RUF TO P. A roll call vote was taken on the foregoing Ordinance 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 Bennett, and unanimously adopted, it was #502-73 RESOLVED, that having considered a communication from the Mayor, dated March 23, 1973, to which is attached a communication from the Chief of Police, dated March 21, 1973, with regard to the need to purchase acid install a 40 kw generator at the Livonia Police Headquarters Building, which auxiliary power plant would enable the Police Division to maintain operations during power failures, the Council does hereby determine to refer this matter to the Committee of the Whole for its consideration at a meeting to be conducted on July 12, 1973 at 8:30 P. M. By Councilman Brown, seconded by Councilman Ventura, it was #503-73 RESOLVED, that having considered the report and recommendation of the Chief of Police and the Director of Public Safety-Police, dated May 22, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Allie Bros. of Livonia, 20331 Middlebelt Road, Livonia, Michigan 48152, for supplying the City with Police Uniforms for the price of $13,386.50, the same having been in fact the lowest bid received for this item and meets all specifications. 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. 13810 By Councilman McCann, seconded by Councilman Ventura, it was #504-73 RESOLVED, that having considered a communication from the Chief of the Fire Division and the Director of Public Safety-Fire, dated May 29, 1973, approved by the Budget Director and approved for submission by the Mayor, with regard to the replacement of a 1964 Dodge panel truck, the Council does hereby authorize the taking of bids in accordance with provisions of Law for the purchase of an emergency Rescue Truck for the purposes detailed in the aforesaid communication, the same to be financed from the proceeds of the 1968 General Obligation Fire Station Bond Issue. Aroll 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 Ventura, and unanimously adopted, it was #505-73 RESOLVED, that the matter of the City providing an overall emergency service for its residents, is hereby referred to the Legislative Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Bennett, it was #506-73 RESOLVED, that having considered a communication from the City Engineer dated May 17, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the relocation of Detroit Edison Company and Michigan Bell Telephone Company facilities within the Shelden Parksite, the Council does hereby determine to approve and authorize in this regard the following action: a. The payment of sum of $2,316.00 to the Detroit Edison Company in order to cover the relocation work detailed in the aforesaid communication, such sum to be appropriated and expended from the Unexpended Fund Balance Account; b. Authorize the Detroit Edison Company to set two (2) new replacement poles for the purpose of maintaining service to existing facilities within the area (Alfred Noble Library and Shelden Park Shopping Area); c. Authorize the City Clerk to execute the attached letter from the Michigan Bell which purports to grant an easement for the purpose of installing an underground line along the westerly perimeter of the aforesaid Parksite; and the Mayor, City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this revolu- tion. 13811 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann ant Jash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #507-73 RESOLVED, that having considered a request from the Devon-Aire Woods Civic Association dated May 23, 1973, the Council does hereby grant permission to the said Civic Association to conduct their Annual Corn Roast at Devon-Aire Woods Park on August 18, 1973, subject to the approval of the Police Department. The following resolution was unanimously introduced, supported and adopted: #508-73 RESOLVED, that the Parks and Recreation Department and the Parks and Recreation Commission submit their report relative to the circum- stances involved in the incidents which occurred in Rotary Park the weekend of June 15, 1973. By Councilman Bennett, seconded by Councilman Raymond, it was #509-73 RESOLVED, that having considered a communication from the City Engineer dated May 29, 1973, approved by the Mayor, with regard to the sale of the westerly 40 feet of Lot No. 130b2a to the abutting property owner, provided, however, that a 20 foot side drainage easement would be reserved, the Council does hereby authorize the Office of the Wayne Coun..y Drain Commissioner to sell the subject property at fair market value in accordance with the recommendation set forth in the aforesaid communica- tion; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Office of the Wayne County Drain Commissioner. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was #510-73 RESOLVED, that having considered the report and recommendation dated May 30, 1973 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of Glendale Industrial Park Subdivision the Sidewalk Cash Bond in the amount of $1,400.00 deposited with the City in accordance with Council Resolution No. 337-69, adopted on March 26, 1969, and the Survey Monuments Cash Escrow payment in the amount of $250.00, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed in accordance with the rules and regulations and ordinary-es of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incic:ental to the full performance of this resolution. 13812 A roli coal 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 Ventura, and unanimously adopted, it was #511-73 RESOLVED, that having considered a communication dated October .L', 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 locatec'_ on the northeast corner of Middlebelt and West Chicago Roads in the Northwest 1/4 of Section 36, from R-1 to R-7 and C-1, and the Council having conducted a public hearing with regard to this matter on Januar,/, 1973, pursuant to Council resolution No. 1022-72, the Council does herery determine to table this matter for a period of six weeks. By Councilman Bennett, seconded by Councilman McCann, it was #512-73 RESOLVED, that having considered a communication dated June 8, 1973 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mr. Michael Schwartz, United Homes, Inc., 24801 Five Mile Road, Detroit, Michigan 48239, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division anc. combination of Tax Item Nos. 09a413 to 421 inclusive, would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing and combining of same into six (6) parcels, the legal descriptions of which shall read as follows: Parcel A Lot 413 and the North 25 feet of Lot 414 of Seven Mile Superhighway Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Parcel B Lot 415 and the South 25 feet of Lot 414 of Seven Mile Superhighway Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Parcel C Lot 416 and the North 25 feet of Lot 417 of Seven Mile Superhighway Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. 13813 Parcel D Lot 418 and the South 25 feet of Lot 417 of Sven MiJe Superhighway Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Parcel E Lot 419 and the North 25 feet of Lot 420 of Seven Mile Superhighway Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Parcel F Lot 421 and the South 25 feet of Lot 420 of Seven Mile Superhighway Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. as shown on the map attached to the aforesaid communication which is made a part hereof by this reference; and the City Clerk is hereby request-0_ to cause a certified copy of this resolution to be recorded in the offirle of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following resul ,: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Milligan, and unanimously adopted, it was #513-73 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, August 13, 1973 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items : 1. Petition No. 73-4-1-15 initiated by Council resolu- tion No. 244-73 pursuant to Section 23.01 (a) of Ordinance No. 543, to rezone 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, the City Planning Commission having in its resolution No. 5-109-73 recommended to the City Council that Petition No. 73-4-1-15 be denied; 1381'1. 2. Petition No. 73-3-1-10 submitted by David H. Josephson and L. Jack Akey for a change of zoning of property located on the east side of Middlebelt Road between Terrence and Sunny- dale in the Northwest 1/4 of Section 13, from RUF to C-2, the City Planning Commission having in its resolution No. 5-104-73 recommended to the City Council that Petition No. 73-3-1-10 be denied; 3. Petition No. 73-3-1-12 submitted by Eugene L. Pulice for a change of zoning of property located on the east side of Loveland, north of Five Mile Road in the Southwest 1/4 of Section 15, from R-1 to P, the City Planning Commis- sion having in its resolution No. 5-106-73 recommended to the City Council that Petition No. 73-3-1-12 be approved, 4. Petition No. 73-3-1-13 submitted by Albert R. Sund for a change of zoning of property located on the southwest corner of Seven Mile Road and Milburn Road in the Northwest 1/4 of Section 11, from R-1 to P.S., the City Planning Commission having in its resolution No. 5-107-73 recom- mended to the City Council that Petition No. 73-3-1-13 be denied; 5. Petition No. 73-3-1-11 submitted by David L. Allen, Jr., Custom Builders, for a change of zoning of property located on the west side of Purlingbrook, north of Pembroke, in the North- west 1/4 of Section 2, from RUF to R-3, the City Planning Commission having in its resolu- tion No. 5-105-73 recommended to the City Council that Petition No. 73-3-1-11 be denied; 6. Petition No. 73-3-1-9 submitted by Zbikowski, Hornbeck and Zbikowski Associates for a change of zoning of property located on the north side of Schoolcraft Road, west of Merriman Road, in the Southeast 1/4 of Section 22, from RUF to P.S., the City Planning Commission having in its resolution No. 5-103-73 recommended to the City Council that Petition No. 73-3-1-9 be approved; FURTHER, THE City Clerk is hereby requested to no less than fifteen (:5' 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 13813 public utility or railraod within the districts or zones affected, and further, the City Clerk is requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Bennett, it was #514-73 RESOLVED, that in accordance with the policy established in Council resolution No. 1216-67, adopted on November 29, 1967, as there- after acted upon in Council resolution No. 668-68, adopted on June 12, 1968, the Council does hereby determine that the following named applicants for Full-year Class "C" Liquor Licenses shall be removed from the list of applicants currently on file with the City of Livonia, since such applicants (1) have failed to respond, or (2) their address is presently unknown, or (3) they have indicated that they are no longer interested; and the City Clerk is hereby requested to forward a certified copy of this: resolution to the Liquor Control Commission, Department of Commerce, State of Michigan, Lansing, Michigan: Reference No. Name and Address 4. Orville H. Barron 38600 Six Mile Road Livonia, Michigan 142. Cayetano Fernandez 24395 Ross Court Detroit, Michigan 178. Joseph Fernandez 26284 Graham Detroit, Michigan 124. Evaristo E. Gonzalez 7662 Inkster Road Dearborn Heights, Michigan 181. Gary Locke 7336 Bramell Detroit, Michigan 177. Joseph Parente 16421 Elwell Road Belleville, Michigan 167. Ken Timmons 27409 Lyndon Livonia, Michigan 187. James T. & Thomas Gary Elias 1128 Beech Plymouth, Michigan Encore Restaurants Samuel T. Zawideh 3117 Parkland W. Bloomfield, Michigan 48033. 13816 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 Ventura, it was #515-73 RESOLVED, that the Council does hereby determine to take this means to advise the Michigan Liquor Control Commission that the City Council approves an application made for a Michigan Liquor Control Com- mission Class "C" Liquor License "above all others" from Kenneth J. Morris, Attorney at Law, on behalf of Skippers Table No. 2, Incorporated, Victor DeLuca, President, for a new full year Class "C" License to be located at 33201 Plymouth Road, Livonia, Michigan, as referred to in a communication from the Michigan Liquor Control Commission dated September 1, 1972, au well as in a communication dated November 7, 1972 from Kenneth J. Morris, Attorney, such approval being subject to and conditioned upon compliar^n by the applicant with the following conditions: 1. That the license will be put to use within the City of Livonia within 2 years from the date of issuance by the Michigan Liquor Control Commission. 2. That the license will be used at the location indicated by the applicant in accordance with plans and other communications submitted to the Council. 3. That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 4. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. In the event that the applicant fails to comply with any of the afor'raid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked except to the extent that the applicant may be permitted to seek modification of condition No. 2 above, upon approval of such modification by the City Council based uron a showing of good cause; and the City Clerk is hereby requested to transmit 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, Ventura, Raymond, McCann and Nash. NAYS: Brown and Milligan. The President declared the resolution adopted. 13817 The following resolution was unanimously introduced, supported and adopted. #516-73 RESOLVED, that having considered a communication from Rolf q. Flugstad, 14599 Park Avenue, Livonia, Michigan 48154, submitted in behalf of the 5th, 6th and 7th grade girls on Park Avenue to conduct a 4th of July celebration, the Council does hereby determine to grant permission for the aforesaid celebration and to block off Park Avenue between Meadowbrook and Lyndon between the hours of 3:00 P. M. and 7:00 P. M., subject to the approval of the Police Department. By Councilman McCann, seconded by Councilman Milligan, it was #517-73 RESOLVED, that having considered a communication from the Mayor dated June 14, 1973 and submitted pursuant to Council resolution No. 427-73 in connection with the communication from the Chief Librarian filed with the City Clerk on April 23, 1973, and approved for submission by Mayor, which transmits resolution No. 6-73 adopted by the Library Commis- sion on April 16, 1973, wherein it is requested that the sum of $11,236.00 refunded to the Livonia Public Library from the Wayne County Federated Library System be deposited in the library budget for 1972-73 in the Pool— and Periodicals Account No. 738-957, the Council does hereby determine to deny the aforesaid request. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Milligan, McCann and Nash. NAYS: Bennett, Ventura and Raymond. The President declared the resolution adopted. *Councilman Bennett was excused at 8.44 p. m. By Councilman Ventura, seconded by Councilman Raymond, it was #518-73 RESOLVED, that having considered a communication dated March 2, 1973 from the City Planning Commission which sets forth its resolution No. 2-37-73 with regard to Petition No. 73-1-1-2 submitted by W. A. Bachman for Michigan Bell Telephone Company for a change of zoning on property located on the east side of Newburgh Road, north of Five Mile Road in the Southwest 1/4 of Section 17, from R-2A to C-1, and the Council having con- ducted a public hearing with regard to this matter on April 30, 1973, pursuant to Council resolution No. 242-73, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 73-1-1-2, as revised, is hereby denied. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann and Nash. NAYS: Brown and Milligan. The President declared the resolution adopted. *Councilman Bennett returned at 8:45 p. m. 13818 By Councilman Milligan, seconded by Councilman Raymond, and unanimously ad,pted, it was ##519-73 RESOLVED, that having considered a communication dated June ie, 1973 from the City Planning Commission, which transmits its resolution No. 6-149A-73 adopted by the Commission on June 12, 1973 with regard to Petition No. 73-5-2-11, submitted by Melvin Sachs requesting permission to use portions of the first floor of the existing Livonia Pavilion East Office Building for a florist, beauty shop, barb shop, and cafeteria as a waiver use on property zoned P.O., located on the nort,i side of Vassar Drive between Middlebelt Road and Parkville in the South- west 1/4 of Section 1, the Council does hereby concur in the recommenda- tion made by the City Planning Commission and Petition No. 73-5-2-11, as amended to exclude the cafeteria, 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 Raymond, seconded by Councilman Brown, and unanimously adopted, it was #520-73 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. At 8:46 p. m., a recess was called, after which the meeting resumed with all me::abers present who were named as present in the original roll call of this meting with the exception of Councilman McCann. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #521-73 RESOLVED, that having considered a communication dated June 22, 1973 from Mr. Kenneth J. Morris which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on June 12, 1973 by the City Planning Commission in its resolution No. 6-147-73 with regard to Petition No. ?3-5-2-10 submitted by Kenneth Morris, Inc., requesting permission to construct and operate a Bonanza Restaurant as a waiver use on property zoned C-2 and located on the north side of Plymouth Road between Merriman and Melrose in the Southeast 1/4 of Section 27, the Council does hereby designate Monday, August 13, 1973 at 8:00 P. M. as t_ie 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. 13819 *Councilman McCann returned at 9:01 p. m. By Councilman Ventura, seconded by Councilman Raymond, it was #522-73 RESOLVED, that having considered the letter from the M.L.,higan Liquor Control Commission dated May 22, 1973, and the report and recom- mendation dated June 21, 1973 from the Acting Chief of Police in con- nection therewith, the Council does hereby approve of the request from the Southland Corporation for a new SDM License to be located at 15550 Middlebelt 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #523-73 RESOLVED, that having considered a communication dated M,v 16, 1973 from the City Planning Commission, which transmits its resolution To. 5-129-73, adopted by the Commission on May 15, 1973, with regard to Petition No. 71-6-2-21 submitted by Recreational Equipment Company re- questing permission to operate a display, store, rent and/or sell camping equipment and recreational vehicles as a waiver use on property zoned C- ', located on the north side of Plymouth Road between Haller and Camden in the Southwest 1/4 of Section 25, the Council does hereby concur in tho recommendation made by the City Planning Commission and Petition No. 71-6-2-21 is hereby approved and granted, subject to the following conditions: 1. That Site Plan No. SK-101, dated 3-28-73, which is hereby approved, shall be adhered to. 2. That Building Elevation, Drawing No. SK-101, dated 4-15-73, which is hereby approved, shall be adhered to. 3. That all landscaping as shown on the approved Site Plan shall be installed before issuance of a Certificate of Occupancy. 4. That all landscaping installed shall be permanently maintained and kept in a healthy condition. 5. That all site signage shah comply with and not exceed in any way the signs as shown on the approved Building Elevation Drawing. 6. That adjacent to the building on the east there will be provided a six foot wide area parallel to the building for foundation landscape planting. 13820 7. That no more than six campers shall be dis- played in the open front yard display area. A roll call vote was taken on the foregoing resolution with the followir.; resu' ;,. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #524-73 RESOLVED, that the Council does hereby determine to amend Council resolution No. 468-73, adopted on June 13, 1973, so as to pro- vide that the proposed 25-meter outdoor swimming pool and bathhouse at Shelden Park be constructed for a price not to exceed $249,000.00, including all architectural fees, in lieu of the $200,000.00 figure previously authorized for this purpose, such funds to be expended from previously appropriated Federal Revenue Sharing Funds, also to delete from CR#468-73 the reference to "(Turn Key Operation)". 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 McCann, it was #525-73 RESOLVED, that having considered the report and recommendation dated June 18, 1973 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor pro tem, the Council does hereby accept the Unit Price Bid of Detroit Concrete Products Corp., P. 0. Box 344, 44300 Grand River, Novi, Michigan 4+8050, for the 1973 Miscellaneous Residential Street Paving Program (with the provision that the paving of Denne Avenue be completed only if and when the second public hearing has been held and the Assessment Roll confirm- ed) in the City of Livonia in accordance with plans and specifications as prepared by the Engineering Division attached to the aforesaid com- munication of the City Engineer, for the estimated total cost of $479,724.77, based on the Engineering Division's estimate of units of work involved and subject to the Final Payment based on the actual units of work as constructed in accordance with the unit prices accepted here- in, said estimated cost and unit prices having been in fact the lowest bid received for this item; and the Council does hereby authorize an advance in an amount not to exceed $479,724.77 from the City's Motor Vehicle Highway Fund Receipts and the 9.8 Million Dollar General Road Improvement Bond Issue, which amount shall be reimbursed from Chapter 20 Drain Projects funds at such time as bonds are sold for Livonia Drain No. 16 Extension and Branches and Livonia Drain No. 39 and Branches, the Senior Citizens General Obligation Bond Issue, the Water De rtment and Special Assessment Districts established for this purpose; and the Director of Public Works is hereby authorized to approve all minor adj;,st- ments in the work as constructed; and the Mayor and City Clerk are hereby 138?1 authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #526-73 RESOLVED, that having considered the report and recommendation dated June 19, 1973 from the City Engineer, approved by the Director of Public Works and the Chairman of the Water and Sewer Board and approved for submission by the Mayor pro tem, the Council does hereby accept the Unit Price Bid of Oak Park Excavating Co., 21410 Coolidge, Oak Park, Michigan, for the 1973 Miscellaneous Water Main Improvement Program, City of Livonia, Contract No. 73-B, in the City of Livonia in accordance with plans and specifications as prepared by the Engineering Division attached to the aforesaid communication of the City Engineer, for the estimated total cost of $180,987.30, based on the Engineering Dlvi:;ion's estimate of units of work involved and subject to the Final Payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; and the Council does hereby authorize an advance in an amount not to exceed $180,987.30 from the Water Department Capital Outlay Account, which amount shall be reimbursed from the Schoolcraft Community College and a Special Assessment District established for this purpose, and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as constructed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #527-73 BE IT RESOLVED, that the City of Livonia enter into an agreement with the Board of County Road Commissioners of the County of Wayne, Michigan, relative to the acquisition of right-of-way on Middle Belt Road northerly to Schoolcraft Road (Proposed 1-96) in the City of Livonia, Wayne County, Michigan, a copy of said agreement is attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that the Mayor and the City Clerk be and the same are hereby authorized to execute the foregoing agreement for and on behalf of the City of Livonia. 13822 A roll call vote was taken on the foregoing resolution with the follow_.pg result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #528-73 BE IT RESOLVED, that the City of Livonia enter into an Amendatory Agreement with the Board of County Road Commissioners of the County of Wayne, Michigan, relative to the construction of a separation of grades at Middle Belt Road at its intersection with The Chesapeake And Ohio Railway Company's tracks midway between Plymouth Road and Schoolcra..0 Road in the City of Livonia, County of Wayne, State of Michigan, a copy of said Amendatory Agreement is attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that the Mayor and the City Clerk be and the same are hereby authorized to execute the foregoing Amendatory Agreement for and on behalf of the City of Livonia. 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 Ventura, seconded by Councilman McCann, it was #529-73 RESOLVED, that having considered the report and recommendat.i., n_ dated June 7, 1973 from the City Engineer, approved by the Director of Public Works and the Superintendent of Parks and Recreation and approved for submission by the Mayor, the Council does hereby accept the Unit Price Bid of Jack B. Anglin, 42750 Grand River, Novi, Michigan 48050, for the clearing and grubbing of Parksite "E" in the City of Livonia in accordance with plans and specifications as prepared by the Engineering Division attached to the aforesaid communication of the City Engineer, for the estimated total cost of $19,250.00, based on the Engineering Division's estimate of units of work involved and subject to the Final Payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit pric::s having been in fact the lowest bid received for this item, and the Council does hereby authorize an advance in an amount not to exceed $19,250.00 from the City's Federal Revenue Sharing Receipts; and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as constructed; and the Mayor and City Clerk are hereby authorized. to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS. None. 1382? By Councilman Ventura, seconded by Councilman Brown, it was #530-73 RESOLVED, that having considered the report and recn umcr.daticn of the Superintendent of Operations, which bears the signature or the Director of Public Works and the Budget Director, and is approved for submission by the Mayor, the Council does hereby accept the bid of Telford & Doolen Inc., 32971 Capitol, Livonia, Michigan 48150, for supr'_y- ing the City with one (1) Self-Propelled Ditching Machine with Telescop Boom for the price of $41,475.00, the same having been in fact the sole bid received for this item. 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 Ventura, seconded by Councilman Brown, it was #531-73 RESOLVED, that having considered a communication from the City Planning Commission dated June 22, 1973, which transmits its resolutio,i No. 6-157-73, adopted by the Commission on June 19, 1973, with regard to Petition No. 73-3-8-7 submitted by Dale Investment Company, Inc., request;-- ing approval of all plans required by Section 18.47 on property located on the east side of Middlebelt Road between Clarita and Pickford in Section 12, the Council does hereby, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, concur in the recommenda- tion of the Planning Commission and Petition No. 73-3-8-7 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission. 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. The following resolution was unanimously introduced, supported and adopted. #532-73 RESOLVED, that having considered a communication from Robert R. Bishop, President Blue Grass Farms Civic Association, dated June 27, 1973, the Council does hereby grant permission to the Blue Grass Civic Association to conduct a Bike Race and Parade on July 4, 1973, from 10.30 A.M. to 12.00 noon, beginning at Hix Court, south to Lancaster, east to Nola Circle, around Nola Circle to Hix Road, left and south to Hix Court, and to block off the intersections of Hix Road and Lancaster, Lancaster and Nola Circle and Hix Road and Nola Circle, subject to the approval of the Police Department. By Councilman McCann, seconded by Councilman Raymond, it was 13824 #533-73 RESOLVED, that having considered a communication from the Director of Public Works, dated June 26, 1973, approved by the MaycY. Pro Tem, with regard to the demolition of certain City-owned buildings in con nection with the Plymouth Road Parking Program, the Council does hercb authorize the Department of Public Works do all things necessary to demolish and remove the buildings located on the following described premises. 1. Lot 21, Rosedale Gardens No. 1 Subdivision, more conmonly known as 31517 Plymouth Road (formerly occupied by Gino's Bakery). 2. Lot No. 20 and the west 5 feet of Lot 19, Rosedale Gardens No. 1 Subdivision, more commonly known as 3151,3 Plymouth Rcii (formerly occupied by Construction Services Company and Livonia Drafting Services). 3. The east 15 feet of Lot 19, Rosedale Gardens No. 1 Subdivision, more commonly known as 31515 Plymouth Road (formerly occupied by Clements-Finnery as to the north 75 feet and by Primrose Cleaners for a workshop as to the south 25 feet). 4. Lot 35, Rosedale Gardens No. 1 Subdivision, more commonly known as 31655 Plymouth Road (formerly occupied as a c_lin�c and credit union office and most recently utilized for the storage of bicycles). A 2'0'1 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 #534-73 RESOLVED, that having considered a communication from the Director of Public Works, dated June 26, 1973, approved by the Mayor Pro Tem, concerning the disposition of certain dry cleaning and pressing machines located at 31513 Plymouth Road and formerly used at Primrose Cleaners, which equipment is described in the aforesaid communication, the Council does hereby authorize the Budget Director to do all things neces- sary to advertise and thereafter take bids at a Public Auction, at which time the Budget Director is authorized to dispose of such equipment to highest bidder. A roll call vote was taken on the foregoing resolution with the following result AYES: Brown, Ventura, Raymond, Milligan and McCann. NAYS: Bennett and Nash. The President declared the resolution adopted. 1332') LBy Councilman Milligan, seconded by Councilman Brown, it was RESOLVED, that having considered a communication from the Director of Public Works dated June 27, 1973, approved by the TT yor Pro Tem, concerning the disposition of Gas Appliances from premises at 31515 Plymouth Road, the Council does hereby authorize the Budget Director to do all things necessary to advertise and thereafter t:ke bi+.$ at a Public Auction, at which time the Budget Director is authorized to dispose of such equipment to highest bidder. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura and Raymond. NAYS: Bennett, McCann, Milligan and Nash. The President declared the resolution DENIED. By Councilman Bennett, seconded by Councilman McCann, it was #535-73 RESOLVED, that having considered a communication from the Director of Public Works dated June 27, 1973, approved by the Mayor Pro Tem, concerning the disposition of Gas Appliances located at 31515 Plymout'i. Road, the Council does hereby authorize the sale of the same for the sun L of $100.00 to Construction Services Company in the manner detailed in th3 aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Raymond, McCann and Nash. NAYS: Brown, Milligan and Ventura. The "r e ident declared the resolution adopted. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, this 763rd regular meeting of the Council of the City of Livonia, was duly adjourned at 9:30 P. M., June 27, 1973. 44 ADDISON W. BACFON,' i114