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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-08-30 13181 Lo MINUTES OF THE SEVEN HUNDRED FORTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 30, 1972, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the Vice-President of the Council at approximately 8:09 P. M.. Councilman Raymond delivered the invocation. Roll was called with the following result: Present--Edward G. Milligan, Jerry H.Brown, Peter A. Ventura, Jerry Raymond, Robert E. McCann and Robert D. Bennett. Absent-- Robert F. Nash (Excused). Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney, Robert Et Osborn, Director of Public Works; John T. Dufour, Superintendent of Parks and Recreation; Stanley Bien, Chief Librarian; John LNagy, City Planner; G. E. Siemert, City Engineer; Michael Vorgitch, Captain, Police Department; H. L. Bridges, Assistant City Assessor; Jack Dodge, Budget Director, H. G. Shane, Planning Department, Richard Simpson, Traffic Commission; Michael Reiser, Water and Sewer Board; James Wilson, Water and Sewer Board; and Paul Kugler, Water and Sewer Board. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #756-72 RESOLVED, that the minutes of the 741st regular meeting of the Council of the City of Livonia, held August 16, 1972, are hereby approved. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6-169 OF TITLE 6, CHAPTER 1 (TRAFFIC ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: LAYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. The Vice-President declared the foregoing Ordinance duly adopted, and would become effective on publication. 13182 Councilman Ventura gave second reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 15 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 72-2-1-10 FOR CHANGE OF ZONING FROM R-1 TO P. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, Bennett, Ventura and Milligan. NAYS: McCann and Brown, The Vice-President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 20 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 72-2-1-9 FOR CHANGE OF ZONING FROM C-1 TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. The Vice-President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 25 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 71-12-1-75 FOR CHANGE OF ZONING FROM R-1 TO P. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. 13183 LThe Vice-President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 5 (PARKS AND PLAYGROUNDS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING PARAGRAPH (kk) OF SECTION 5-901 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. The Vice-President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance : AN ORDINANCE ADDING ARTICLE XXX, ENTITLED C-3 DISTRICT REGULATIONS TO ORDINANCE NO. 54+3, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE"CITY OF LIVONIA ZONING ORDINANCE." RE: PETITION 71-3-6-2 (C-3 DISTRICT REGULATIONS) _ A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, McCann, Bennett, Brown and Milligan. NAYS: Ventura. Che Vice-President declared the foregoing Ordinance duly adopted, and would become affective on publication. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2,10 OF ARTICLE II OF ORDINANCE NO, 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY AMENDING PARAGRAPH (18) THEREOF. RE: PETITION NO. 71-12-6-9 (DEFINITIONS OF MISCELLANEOUS TERMS). roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. 13184 law The Vice-President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING ARTICLE XX OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." RE: PETITION NO. 72-1-6-1. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. The Vice-President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Bennc;tt, seconded by Councilman Brown, it was RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 29, 1972 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on April 24, 1972, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code, (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of 27 foot wide deep-strength asphalt pavement with concrete curbs and gutters (Alternate IIa) on Cavell Avenue (Five Mile to Meadowbrook) in Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in sairi. statement dated February 29, 1972; (4) determine that the estimated cost of such improvement is $74,400.00 (Alternate IIa) (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; 13185 (6) that the proportion of the cost and expense of said if improvement to be borne and paid by the City shall be $11,160.00 (Alternate IIa) and that the balance of said cost and expense of said public improvement amounting to $63,240.00 (Alternate IIa) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district located in that part of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as containing the following parcels: N. E./4 of Section 24 Bla, B2a, Fl, Gl, H1, H2, I1, 31al, Klal, Llal, L1a2 and B. E. Taylor's Como Lake Subdivision as L recorded in Liber 60, Page 67, Lots No. 20 thru Lot No. 55, (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code. L A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown and Milligan. NAYS: Raymond, McCann and Ventura. The Vice President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Raymond, it was 13186 RESOLVED, that the street improvement proposed for Cavell Avenue (Five Mile Road to Meadowbrook) in Section 24 of the City of Livonia, be tabled until such time as the Federal Revenue Sharing Grants are available. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond and Ventura. NAYS: McCann, Bennett, Brown and Milligan. The Vice-President declared the resolution DENIED. By Councilman Brown, seconded by Councilman Ventura, it was RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 29, 1972 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on April 24, 1972, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code, (i) accept and approve said statement in all respects; (2) determine to make the improvement consisting of 20 foot wide stabilized base with double sealcoat surface (Alternate IV) on Cavell Avenue (Five Mile to Meadowbrook) in Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assess- ment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improve- ment as set forth in said statement dated February 29, 1972; (4) determine that the estimated cost of such improvement is $13,000.00 (Alternate IV); (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 0 (Alternate IV) and that the balance of said cost and expense of said public improvement amounting to $13,000.00 (Alternate IV) shall be borne and paid by Special Assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; L (7) determine that assessments made for such improve- 13187 ment may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows : A special assessment district located in that part of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as containing the following parcels: N. E. 1/4 of Section 24 Bla, B2a, Fl, Gl, H1, H2, Il, Jlal, Klal, Llal, Lla2 and B. E. Taylor's Como Lake Subdivision as recorded in Liber 60, Page 67, Lots No. 2.0 thru Lot No. 55; (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code. By Councilman Bennett, seconded by Councilman Raymond, it was #757-72 RESOLVED, that the Council does hereby determine to table the Street Improvement proposed for Cavell Avenue(Five Mile Road to Meadowbrook) in Section 24 of the City of Livonia, consisting of 20 foot wide stabilized base with double sealcoat surface. F roll call vote was taken on the motion to table, with the following result. AYES: Raymond, Bennett, Brown and Milligan. NAYS: McCann and Ventura. The Vice-President declared the resolution adopted. 13188 By Councilman Raymond, seconded by Councilman Bennett, it was #758-72 RESOLVED, that the Council does hereby determine to reconsider its action taken earlier in this meeting with respect to the proposed improve- ment for Cavell Avenue (Five Mile Road to Meadowbrook) in Section 24 of the City of Livonia, consisting of 27 foot wide deep-strength asphalt pavement with concrete curbs and gutters. A roll call vote was taken on the motion to reconsider, with the following result: AYES: Raymond, Bennett, Brown, and Milligan. NAYS: McCann and Ventura. The Vice-President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Ventura, it was #759-72 RESOLVED, that with respect to the proposed improvement on Cavell Avenue (Five Mile to Meadowbrook) in Section 24 of the City of Livonia, the Council does hereby determine to refer this matter back to the Engineering Department for the preparation of a new proposed Special Assessment District in order to increase the City's share of costs on improving same (Alternate IIa). Councilman McCann declared the foregoing motion out of order. The Chair ruled that the motion was in order. Councilman McCann then challenged the ruling of the Chair and Councilman Milligan passed the gavel to Councilman Raymond. A roll call vote was then taken with the following result wherein an 'aye' vote upheld the ruling of the Chair and a 'nay' vote would support the challenge: AYES: Brown, Ventura, Milligan, Bennett and Raymond. NAYS: McCann. A. roll call vote was taken on the original resolution with the following result: AYES: Raymond, Bennett, Brown, Ventura and Milligan. NAYS: McCann. The Vice-President declared the resolution adopted. By Councilman Brown, seconded by Councilman McCann, it was #760-72 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated August 14, 1972, approved by the Budget Director and approved for submission by the Mayor, the Council 13189 does hereby accept the bid of Green Ridge Nursery, Inc., 8600 Napier Road, Box 247, Northville, Michigan, for supplying the City with trees, evergreens and bushes in order to landscape the boulevard islands located on Five Mile Road for a total price of $7,999.50 based upon the number, size, specie and unit prices indicated in the aforesaid communication, the same having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #761-72 RESOLVED, that having considered a communication from the Division of Engineering dated August 2, 1972, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the bid of Mobile Drilling Co. Inc., 3807 Madison Avenue, Indianapolis, Indiana 46227, for supplying the City with a Mobile Drill Minuteman for the price of $2,020.00, the same having been in fact the lowest and only bid received for this item; furt'er, the Council does hereby authorize an additional advance of $36.00 from the 9.8 Million Dollar Street and Road Improvement General Obligation Bond Issue for this purpose, the same to be reimbursed to the said bond issue from Testing Fees collected by the Engineering Division in connection with the City's various paving projects.. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. By Councilman Bennett, seconded by CouncilmanRbymond, it was #762-72 RESOLVED, that having considered a communication from the Budget Director, Director of Public Works and the Superintendent of Operations dated August 7, 1972, approved for submission by the Mayor, the Council does hereby accept the following bids for supplying the City, in cooperation with the Livonia Public Schools, with Fuel Oil for the period September 1, 1972 through August 31, 1973: American Oil Company Tank Wagon No. 1 15.40¢ American Oil Company Tank Wagon No. 2 14.40¢ Allied Oil Company Tank Truck No. 2 12.25¢; the same having been in fact the lowest bids received for these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was 13190 #763-72 RESOLVED, that having considered a communication from the Budget Director, Director of Public Works and the Director of Public Safety dated August 7, 1972, approved for submission by the Mayor, the Council does hereby accept the bid of Gulf Oil Company, 40550 Grand River, Novi, Michigan 48050, for supplying the City, in cooperation with the Livonia Public Schools, with Regular and Premium Grade Gasoline for the period September 1, 1972 to August 31, 1973 as follows: Vendor Regular Grade Premium Grade Terms Gulf Oil Company .1166 .1366 Net 30 days; the same having been in fact the lowest bid received for these items. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was ##764-72 RESOLVED, that having considered the report and recommendation dated August 8, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, and the attached Invoice No. 26003, the Council does hereby authorize Final Payment in the amount of $3,391.63 to the Board of Wayne County Road Commissioners, which sum includes the full and complete balance due on a contract dated August 5, 1971 for the widening and improving of the vehicular bridge located on Middlebelt Road at Bell Creek, City of Livonia, it appearing from the afore- mentioned report that all work under the said contract has been completed in accordance with the provisions of the same, and that the attached invoice is based upon actual construction costs; further, the Council does hereby appropriate and authorize the expenditure of the sum of $3,391.63 from the Motor Vehicle Highway Fund (Major) for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #765-72 RESOLVED, that having considered a communication dated July 26, 1972 from the City Assessor, approved for submission by the Mayor, to which is attached a letter dated July 7, 1972 from the Bureau of Taxation as well as two invoices received from the Wayne County Board of Auditors 13191 in the amount of $43,687.95 in connection with the preparation of twelve assessment rolls, tax rolls, tax bills and other special services covering the fiscal period December 1, 1971 through November 30, 1972, the Council does hereby authorize the transfer of the sum of $6,722.95 from the Unexpend- ed Fund Balance Account to Account No. 252-833 (Tax Roll Preparation) for the purpose of making payment to the County of Wayne in this regard; and the City Clerk and City Treasurktr 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: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #766-72 RESOLVED, that having considered a communication from the City Engineer dated July 20, 1972, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a communication from the Director of Transportation Programs for the Board of Wayne County Road Commissioners, the Council does hereby determine to take this means to indicate its approval and concurrence in the widening of Seven Mile Road to five lanes from the I-96 Freeway Project to Haggerty Road, which project would involve approximately 600 feet of road widening at an overall estimated cost of $97,000.00, the City's share of which would be approxi- mately $19,400.00; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Board of Wayne County Road Commis- sioners to the attention of Robert A. Larson, Director of Transportation Programs. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #767-72 RESOLVED, that having considered a communication from the Acting City Engineer dated August 1, 1972, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a communica- tion from the Director of Transportation Programs for the Board of Wayne County Road Commissioners, the Council does hereby determine to take this means to indicate its approval and concurrence in the widening of Six Mile Road to five lanes from the I-96 Freeway Project to Haggerty Road, which project would involve approximately 650 feet of road widening at an overall estimated cost of $85,000.00, the City's share of which would be approxi- mately $17,000.00; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Board of Wayne County Road Commis- sioners to the attention of Robert A. Larson, Director of Transportation Programs. 13192 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #768-72 RESOLVED, that having considered a communication dated August 7, 1972 from the Assistant City Assessor, approved for submission by the Mayor, with regard to a request from Mr. and Mrs. John Francis, 14361 Newburgh Road, Livonia, Michigan 48154, 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 or partition of Tax Item 19a6,7 would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing of same into two (2) parcels, the legal descriptions of which shall read as follows: Parcel "A" The West 102' of Lot 6 and the West 102' of Lot 7 Zimmer- man and Porter's Schoolcraft Estates, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Recorded in Liber 68, Page 73 of Plats, W.C.R. Parcel "B" The East 160.50' of Lot 6 and the East 160.50' of Lot 7 Zimmerman and Porter's Schoolcraft Estates, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Re- corded in Liber 68, Page 73 of Plats, W.C.R.; 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 requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #769-72 RESOLVED, that having considered a communication dated August 9, 1972 from the AssisLant City Assessor, approved for submission by the Mayor, with regard to a request from Mr. Saul J. Rubin, President of Grossman Realty Co., 27520 Five Mile Road, Livonia, Michigan 48154, 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 split 13193 and combination of Tax Item No. 13e35b,36b,37b would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of splitting and combining of same into two (2) parcels, the legal descriptions of which shall read as follows: Parcel "A" The East 34.9 feet of the South 150.0 feet of Lot 36 and the South 150.0 feet of Lot 37, Parkway Subdivision, part of the S. E. 1/4 of Section 13, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan as recorded in Liber 68, Page 67 of Plats, Wayne County Records. Parcel "B" The West 15.10 feet of the South 150.0 feet of Lot 36 and the South 150.0 feet of Lot 35, Parkway Subdivision, part of the S. E. 1/4 of Section 13, T. 1 S. . R. 9 E., City of Livonia, Wayne County, Michigan as recorded in Liber 68, Page 67 of Plats, Wayne County Records; 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 requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register ofDeeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Brown, Ventura and Milligan. NAYS: Bennett. The Vice=President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Ventura, it was #770-72 RESOLVED, that having considered a communication from the Assistant City Assessor, approved for submission by the Mayor, with regard to a request from William A. Wilson, 16581 Henry Ruff, Livonia, Michigan 48154, 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 or partition of Tax Item No. 14Plalala would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing of same into two parcels, the legal descriptions of which shall read as follows: Parcel "A" A parcel of land being a part of the Northwest 1/4 of Section 14, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and more particularly described as follows: 13194 Beginning at a point located N 0° 05' 15" E 1202.31 feet and N 89° 54' 45" W 17.00 feet from the center 1/4 corner of Section 14, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and proceeding thence S 89° 05' 35" W 138.71 feet; thence North 156.76 feet; thence N. 89° 05' 35" E 138.95 feet; thence S 0° 05' 15" W 156.76 feet to the point of beginning and containing 0.5000 Acres of land, more or less. Parcel "B" A parcel of land being a part of the Northwest 1/4 of Section 14, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and is more particularly described as follows: Beginning at a point located N 0° 05' 15" E 1202.31 feet and N 89° 54' 45" W 17.00 feet from the center 1/4 corner of Section 14, T. 1 S., R. 9 E., City of. Livonia, Wayne County, Michigan, and proceeding thence S 0° 05' 15" W 245.94 feet, thence S 53° 29' 13" W 172.09 feet; thence North 346.14 feet; thence N 89° 05' 35" E 138.71 feet to the point of beginning and containing 0.9410 Acres of land, more or less. 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 requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. The communication from the Traffic Commission, dated August 1, 1972, with respect to traffic problems in Judson Gardens Subdivision No. 4, (CR-539-72), was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #771-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated April 5, 1972 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on June 26, 1972, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby determine to refer this matter back to the City Engineer for the purpose of submitting a new report 13195 and recommendation relative to a proposed improvement of Purlingbrook Avenue from the South line of the Senior Citizens Apartment site northerly to St. Martins limiting the width of the proposed improvement to a pavement which is 22 feet in width without curb or gutter. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #772-72 RESOLVED, that having considered a communication dated August 1, 1972 from the Traffic Commission which transmits its Resolution No. 31-72 relative to the proposed opening and improvement of Purlingbrook at St. Martins, the Council does hereby determine to take no further action at this time relative to the said proposed opening of Purlingbrook Avenue. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #773-72 RESOLVED, that the Council does hereby request the Housing Commis- sion, the Engineering Division and the Traffic Commission to submit their report and recommendation on how better to provide egress and ingress from St. Martins to the McNamara Towers Senior Citizens housing facility. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #774-72 RESOLVED, that the Engineering Division and the Department of Public Works are hereby requested to submit their report and recommendation as how to provide a more adequate traffic barrier than presently provided at St. Martins and Purlingbrook Avenues. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #775-72 RESOLVED, that having considered a communication from the Traffic Commission dated August 1, 1972 which transmits its Resolution No. 33-72 wherein it is recommended that left turn lanes on the east and west legs at the intersection of Seven Mile Road and Merriman Road be installed, the Council does hereby refer the same to the Wayne County Road Commission for its consideration in implementing the aforesaid recommendation for the reasons indicated. By Councilman Brown, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from the Traffic Commission dated August 1, 1972 which transmits its Resolution No. 32-72 wherein it is recommended that Perth Avenue be opened at Newburgh Road, the Council does hereby determine to concur in and approve of the aforesaid recommendation and does hereby request the City Engineer and the Director of Public Works to submit a report and recommendation as to the type of improvement and the financing required to implement the same. 13196 By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that the foregoing resolution be amended so as to delete the following language: "determine to concur in and approve of the aforesaid recommendation". A roll call vote was taken on the foregoing amendment with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Raymond. NAYS: None. The Vice-President declared the amendment adopted. A roll call vote was taken on the foregoing resolution as amended, as follows : #776-72 RESOLVED, that having considered a communication from the Traffic Commission dated August 1, 1972 which transmits its Resolution No. 32-72 wherein it is recommended that Perth Avenue be opened at Newburgh Road, the Council does hereby request the City Engineer and the Director of Public Works to submit a report and recommendation as to the type of improvement and the financing required to implement the same. with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. The Vice-President declared the foregoing resolution, as amended, adopted. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #777-72 RESOLVED, that having considered a communication from the Traffic Commission dated August 1, 1972 which transmits its Resolution No. 30-72 wherein it is recommended that the D.S.R. be requested to discontinue the use of Cavour Avenue and make other arrangements for the turning around of its vehicles in the area of Five Mile Road and Middlebelt Road, the Council does hereby determine to refer this matter to the Mayor for appropriate action. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #778-72 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety - Police dated July 18, 1972, approved for submission by the Mayor, which submits a proposed Helicopter and Parachute Jumping Ordinance, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. 13197 By Councilman Raymond, seconded by Councilman Brown, and unanimously adopted, it was #779-72 RESOLVED, that the Council having considered a communication dated August 7, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed improvement of Cardwell Avenue (West Chicago to Orangelawn) in Section 36, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been prop:•erly filed by the City Engineer with the City Clerk under date of August 7, 1972 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, October 9, 1972 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which Public Hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michi- gan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publica- tion of such hearing as is required by Section 2-507 of said Code. By Councilman Bennett, seconded by Councilman McCann and unanimously adopted, it was #780-72 RESOLVED, that having considered a communication from the Sanitary Engineer of the Board of Wayne County Road Commissioners dated August 9, 1972 wherein it is requested that the City furnish the said agency with a list of the many proposed sewer projects to be constructed under Act 342 or 185 with respect to which an application for E.P.A. Federal Grant parti- cipation for Fiscal 1974 could be considered, the Council does hereby determine to refer the same to the City Engineer for appropriate action. By Councilman Raymond, seconded by Councilman. Brown, and unanimously adopted, it was #781-72 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated August 9, 1972, approved for submission by the Mayor, as well as a communication from the Livonia Rotary Club dated August 11, 1972, with regard to the naming of Parksite "J" in Section 10, the Council does hereby determine to request the Department of Law to prepare an amendment to Section 5-901 of the Livonia Code of Ordinances wherein the said Parksite would be named "Rotary Community Park." 13198 The communication dated August 9, 1972 from the Department of Law, with respect to Involuntary cross-district school busing (CR-563-72) was received and filed for the inforamtion of the Council. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #782-72 RESOLVED, that having considered a communication from Mr. John Gallombardo dated August 8, 1972 wherein he has offered to sell to the City Lot No. 234 of Rosedale Gardens Subdivision No. 1 located on the south side of Plymouth Road between Blackburn and Cranston, for a purchase price in the amount of $5,200.00, the Council does hereby refer the same to the City Planning Commission for its report and recommendation. By Councilman Ventura, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from the Mayor dated August 1, 1972 with regard to the fee to be charged by the Mayor in performing marriage ceremonies in accordance with the provisions set forth in Act 211 of the Public Acts of 1972, the Council does hereby determine that said fee would be in the amount of $2.00, and further, that in accordance with provisions of State Law that such fees upon being received shall thereafter be deposited in the General Fund of the City. By Councilman Raymond, seconded by Councilman Brown, it was RESOLVED, that the foregoing resolution be amended so as to establish a fee of $10.00 for performing a marriage ceremony. A roll call vote was taken on the amendment with the following result: AYES: Raymond, McCann, Bennett and Brown. NAYS: Ventura and Milligan. The Vice-President declared the amendment adopted. A roll call vote was taken on the resolution, as amended, as follows: #783-72 RESOLVED, that having considered a communication from the Mayor dated August 1, 1972 with regard to the fee to be charged by the Mayor in performing marriage ceremonies in accordance with the provisions set forth in Act 211 of the Public Acts of 1972, the Council does hereby determine that said fee would be in the amount of $10.00; and further, that in accordance with provisions of State Law that such fees upon being received shall thereafter be deposited in theGeneral Fund of the City. with the following result: AYES: Raymond, McCann, Bennett and Brown. NAYS: *Ventura and Milligan. The Vice-President declared the resolution, as amended, adopted. 13199 *Councilman Ventura made the following statement: My 'no' vote is cast because I feel that a $2.00 fee would be reasonable, and would draw people to the City. By Councilman Ventura, seconded by Councilman Raymond, it was #784-72 RESOLVED, that having considered a communication dated August 10, 1972 from the Department of Law transmitting for acceptance a Grant of Easement dated August 4, 1972 executed by V. E. Morse, a widow, conveying an easement to the City which easement is to be utilized in connection with the construction of a sanitary sewer on Fitzgerald Avenue and which ease- ment is more particularly described as follows: Easement Description The East twelve 112) feet of the South one hundred ninety seven (197) Iof the North two hundred thirty (230) feet of: Parcel Description The West one-half (1/2) of the Northwest one-quarter (1/4) of Section 8, T. 1 S., R. 9 E., City of Livonia Wayne County, Michigan. (Bureau of Taxation Parcel 06G1) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #785=72 RESOLVED, that having considered a communication dated August 3, 1972 from the Department of Law transmitting for acceptance a Grant of Easement dated June 16, 1972, executed by Patrick McPharlin, his wife Wanda M. McPharlin; David H. Josephson, his wife Gloria Josephson; and L. Jack Akey and his wife Rosemary Akey, conveying: A 20 ft. wide easement across Lot No. 2, Glendale Industrial Subdivision, a part of the N. W. 1/4 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan as recorded in Liber 93 Page 15 of Wayne County Plats, said easement having a centerline described as follows: Beginning at a point on the East line of Farmington Road, said line also being the West line of Lot 2, a distance S. 02° 13' 37" E., 27 ft. from the N. W. corner of said Lot 2; thence S. 70° 43' 37" E., 80 ft.; thence S. 89° 56' 00" E., 372 ft. to the point of ending of said easement centerline. (extension of 8" water main) 13200 and the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded with the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. The following resolution was unanimously introduced, supported and adopted. #786-72 RESOLVED, that having considered a communication from Mrs. Fred Kenner, 14386 Houghton Avenue, Livonia, Michigan, dated August 1, 1972, with an attached petition of residents in the area, the Council does hereby grant permission to the residents of Houghton Avenue to hold their Annual Block Party on Houghton between Lyndon and Mason on September 2, 1972, between the hours of 5:00 P. M. to 11:00 P. M., subject to the approval of the Police Department. By Councilman Ventura, seconded by Councilman Raymond, it was #787-72 RESOLVED, that having considered a communication dated July 14, 1972 from the City Planning Commission, which transmits its resolution No. 6-173-72 adopted by the Commission on June 27, 1972 with regard to Petition No. 72-5-2-9 submitted by Glen Eden Lutheran Church requesting permission to construct a mausoleum as a waiver use on property zoned AG located on the south side of Eight Mile Road between Gill and Newburgh Roads in the Northeast 1/4 of Section 5, the Council does hereby concur in the recommenda- tion made by the City Planning Commission and Petition No. 72-5-2-9 is hereby approved and granted, based upon the same conditions as 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: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #788-72 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated August 1, 1972, and the report and recommenda- tion dated August 10, 1972 from the Acting Chief of Police, in connection therewith, the Council does hereby approve of the request from Borman's Inc. (Farmer Jack) for a new S.D.M. License to be located at 33500 Seven Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commis- sion, A. roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Ventura and Milligan. NAYS: McCann and Brown. The Vice-President declared the resolution adopted. 13201 By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #789-72 RESOLVED, that having considered a communication dated August 8, 1972 from the City Planning Commission which transmits its resolution No. 7-190-72 submitted by Gerald T. Odom, Slavik Investors, for vacating a ten- foot public walkway between Lots 689 and 690 on Ellen Court in Burton Hollow Estates Subdivision No. 6 located south of Six Mile Road, east of Wayne Road in the Northwest 1/4 of Section 16, City of Livonia, Wayne County, Michigan, the Council does hereby grant the said Petition and Petition No. 72-5-3-2 is hereby approved, subject, however, to a full-width easement being created; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. By Councilman Bennett, seconded by Councilman Ventura, it was #790-72 RESOLVED, that having considered a communication from the Division of Engineering dated August 1, 1972, approved by the Director of Public Works and approved for submission by the Mayor, in connection with the Special Assessment Roll No. 111 (Paving of Streets in Rosedale Gardens Subdivision No. 1 in Section 34), the Council does hereby determine to amend Council Resolution No. 626-72, adopted on June 12, 1972, and particu- larly paragraphs 3, 4 and 5 of the same so as to delete the date therein specified of "December 1, 1972" and in lieu thereof insert the date of "December 1, 1973." A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #791-72 RESOLVED, that having considered a communication from the City Clerk dated August 22, 1972 to which is attached a communication from the Livonia Housing Commission dated August 4, 1972, in connection with the salary rate for the position of Housing Director-Secretary of the Livonia Housing Commission, the Council does hereby determine to refer this matter to the Study Session to be conducted on September 6, 1972. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #792-72 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. Councilman Raymond gave first reading to the following Ordinance: 13202 AN ORDINANCE AMENDING ARTICLE 2, SECTION 5-408 OF CHAPTER 4 (WATER) OF TITLE 5 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. Councilman Ventura invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. The Vice-President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Brown, seconded by Councilman Bennett, it was #793-72 RESOLVED, that after considering a letter dated August 24, 1972 from the City Clerk, the Council does hereby accept the proposal of Lybrand, Ross Bros. & Montgomery, Detroit, Michigan, Certified Public Accountants, to perform the Annual Audit of the Accounts of both the City of Livonia for the Fiscal Year ending November 30, 1972, and the Water and Sewer Divi- sion for the Fiscal Year ending February 28, 1973, as required by the City Charter and the State Uniform Account Act No. 2, 1968, for a fee not to exceed the sum of $13,400.00 for the City of Livonia, and $4,500.00 for the Water and Sewer Division; and further, the City Clerk, as Chief Accountant of the City of Livonia, is hereby authorized to enter into a formal agreement with said firm, subject to the approval as to form by the City Attorney, and to do all other things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None, By Councilman Raymond, seconded by Councilman Bennett, it was #794-72 RESOLVED, that the Council does hereby request the City Clerk to make timely inquiries of qualified certified Public Accounting Firms to conduct the General Audit for the Fiscal Year 1972-73, and make his recom- mendations to the Council relative to same. 13203 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Brown, Ventura and Milligan. NAYS: McCann. The Vice-President declared the resolution adopted. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 6, CHAPTER 1 (TRAFFIC ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING PARA- GRAPH (c)-4 OF SECTION 6-102 THEREOF, AND ADDING PARAGRAPH (x) TO SECTION 6-171 THEREOF. 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 L meeting of the Council. By Councilman Ventura, seconded by Councilman Bennett, it was #795-72 RESOLVED, that having considered a communication from the City Planning Commission dated August 16, 1972, which transmits its resolution No. 8-199-72 adopted by the Commission on August 15, 1972 with regard to Petition No. 72-8-8-14 submitted by Joseph Iannaci requesting approval of all plans required by Ordinance No. 990 in connection with the construction of a retail store proposed to be located at the southeast corner of Myron and Seven Mile Road in the Northeast 1/4 of Section 9, 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. 72-8-8-14 is hereby approved. F roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #796-72 RESOLVED, that having considered a communication from the City Planning Commission dated August 16, 1972, which transmits its resolution No. 8-203-72 adopted by the Commission on August 15, 1972 with regard to Petition No, 72-7-8-13 submitted by Farris Brothers requesting approval of all plans required by Ordinance No. 990 in connection with a proposed addition to the existing furniture store located at the southeast corner of 13204 Middlebelt and Plymouth Roads in Section 36, 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. 72-7-8-13 is hereby approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #797-72 RESOLVED, that having considered a communication from the City Planner dated August 25, 1972 with regard to the action taken by the City Council on June 28, 1972 in its resolution No. 586-72, the Council does hereby determine to amend and revise the aforesaid action so as to authorize the sale by the City of 1.377 acres of land located in the N. E. 1/4 of Section 27 to George Pardonnet D/B/A Pardonnet Management Company for a sale price in the amount of $20,400.00, which sale is also based upon the condi- tion that a 60 foot right-of-way be dedicated to the City by the George Pardonnet d/b/a Pardonnet Management Company commencing at Merriman Road and terminating at a point located approximately 611 feet west of the centerline of Merriman Road, and within which shall be installed a 31 foot wide 9-inch reinforced concrete pavement, the cost of which shall be borne by the George Pardonnet d/b/a Pardonnet Management Company, and further, that at the westerly point of the aforesaid road improvement there also be installed a "T" type turn-around with respect to which there shall also be dedicated to the City appropriate easements in order to implement the same, and the Council does hereby authorize the Mayor and City Clerk to affix their signatures to a Quit Claim Deed conveying the subject property in the manner herein provided, and the Department of Law and the Division of Engineering are hereby requested to do all things necessary and incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #798-72 RESOLVED, that having considered a communication dated August 22, 1972 from the City Planning Commission, which transmits its resolution No. 8-218-72 adopted by the Commission on August 15, 1972 with regard to Petition No. 72-5-2-12, submitted by Michael Vorgitch requesting permission to construct and operate an automobile repair shop as a waiver use on property zoned C-2 located on the south side of Ann Arbor Road between Hix and Knolson in the Southwest 1/4 of Section 31, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-5-2-12 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommenda- tion of the Planning Commission. 13205 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. *Councilman Raymond was excused at 10:30 p. m. By Councilman Ventura, seconded by Councilman McCann, it was #799-72 RESOLVED, that having considered a communication from the City Engineer, dated August 25, 1972, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the bid of McCarthy Contracting Company, P. 0. Box 257, Farmington, Michigan 48o24, in the amount of $116,167.25 for the paving of Autry, Curtis, Lyndon and Vassar Avenues, 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 prices having been in fact the lowest bid received for this work; and the Director of Public Works is hereby authoriz- ed to approve all minor adjustments in the work as completed; further, the Mayor and the 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 resolu- tion; and further, the Council does authorize and appropriate an advance of $116,167.25 from the 9.8 Million Dollar General Obligation Road Improvement Bond Issue for this purpose with the provision that said bond issue be reimbursed at such time as funds become available from the proceeds of a special assessment district and/or bond issue approved with respect to same, and further, the Council does hereby request that in connection with the paving of Lyndon Avenue (in front of the Hull Elementary School) that the Livonia Board of Education agree to assume their share of the cost of such improvement in the estimated amount of $18,054.00, as set forth in the assessment rolls approved for this project; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. *Councilman Raymond returned at 10.31 p. m. By Councilman McCann, seconded by Councilman Brown, it was #800-72 RESOLVED that, Ager Building Company, 20715 Northome, Southfield, Michigan, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Bobrich Subdivision, located in the S. E. 1/4 of Section 11, City of Livonia, Michigan, the said proposed preliminary plat being dated March 28, 1972; and it further appear- ing that tentative approval of such preliminary plat was given by the City 13206 Planning Commission, after due notice and a public hearing on March 7, 1972; and it further appearing that such preliminary plat, together with develop- ment 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 July 26, 1972; 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 Ordinances, as amended; the Subdivision Regulations of the Planning Commission; the regula- tions and specifications of the Department of Public Works and the Develop- ment 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 andinspection 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) That the following Cash Payments be made to the City: Trees $665.00 Street Name Signs 150.00 Traffic Control Signs 100.00 Monuments & Markers (Cash escrow) 920.00 Plan review, field inspection and administration (Engineering Fee, 5% before contingencies) 5,008.50 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (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 provid- ed there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; 13207 (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified 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 proprie- tor 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 - $105,300.00, of which at least 10,000.00 shall be in cash. Sidewalk Bond 4,900.00, of which at least 1,470.00 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: Raymond, McCann, Bennett, Brown, Ventura and Milligan. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, this 742nd regular meeting of the Council of the City of Livonia, was duly adjourned at 10:35 P. M., August 30, 1972. fi ADDISON W. ::C9N, Cit / Clerk.