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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-10-11 13263 MINUTES OF THE SEVEN HUNDRED FORTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 11, 1972, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:11 P. M.. Councilman Bennett delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Virginia G. Handzlik, Deputy City Clerk; Harry C. Tatigian, City Attorney; Rudolf R. Kleinert, Director of Public Safety-Fire; Daniel Gilmartin, Industrial Coordinator; G. E. Siemert, City Engineer; John Nagy, City Planner; Richard Jones, Superintendent of Operations Division; Jack Dodge, Budget Director; H. L. Bridges, Assistant City Assessor; John Bunk, Acting Fire Chief; James Miller, Personnel Director; Dennis J. Swift, Captain, Police Depart- ment, Robert Van Dyke, Sergeant, Police Department; and Paul Kugler of the Water and Sewer Board. By Councilman McCann, seconded by Councilman Bennett, and *unanimously adopted, it was #886-72 RESOLVED, that the minutes of the 744th regular meeting of the Council of the City of Livonia, held September 27, 1972, are hereby approved. *Councilman Milligan abstained ffrom voting, which is recorded as a "yes" vote under the provisions of Section 2-119 of the Livonia Code of Ordinances. The communication dated October 9, 1972 from the Local Officers Compensa- tion Commission, with respect to Elected Officials Salaries, was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Milligan, it was 13264 #887-72 RESOLVED, that having considered a communication from the Mayor, L dated July 21, 1972, concerning the City-owned property located at 19080 Middlebelt Road and which is presently used as a DPW Sign Shop but which it is anticipated will be vacated, the Council does hereby refer this matter to the City Planning Commission for its report and recommendation concerning the future disposition of this property. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Raymond, Milligan, McCann and Nash. NAYS: Ventura. The President declared the resolution adopted. The communication from the Department of Law, dated September 21, 1972, relative to Circuit Court Case No. 197 044R (Livonia Police Officers Association et al v City of Livonia) was received and filed for the information of the Council. The communication from the Department of Law, dated September 25, 1972, with respect to Circuit Court Civil Action No. 178162 (Kenneth Cornwall v. City of Livonia) was received and filed for the information of the Council. LCouncilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4-401 OF CHAPTER 4 (ENTERTAINMENT AND AMUSE- MENTS) OF TITLE 4 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 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. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. Petition No. 72-5-3-2) L', 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. 13265 The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Raymond, seconded by Councilman Brown, it was #888-72 RESOLVED, that having considered the report and recommendation from the Superintendent of Operations, the Director of Public Works and the Budget Director dated September 11, 1972, approved for submission by the Mayor, the Council does hereby accept the bid of Wayne Fence & Supply Company, 27606 Schoolcraft, Livonia, Michigan 48150 for the installation of 1,902.45 lineal feet of six foot high chain link fence with one (1) 20 foot gate for the D.P.W. Bulk Materials Storage Yard at the City Landfill Site for a price of $5,555.00, the same having been in fact the lowest bid meeting specifications 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 Brown, seconded by Councilman McCann, it was #889-72 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works and the Budget Director dated August 2, 1972, approved for submission by the Mayor, the Council does hereby accept the bid of Shults Equipment Sales, P. 0. Box 26, Ithaca, Michigan, for supplying the Road Maintenance Section of the Operations Division with one (1) Hitch M.D. Husting Complete Truck Hydraulic System for Dump Truck Chassis for the price of $1,545.30, the same having been in fact the lowest and only 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 Bennett, seconded by Councilman McCann, it was #890-72 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works and the Budget Director dated August 2, 1972, approved for submission by Mayor, the Council does hereby accept the bid of Shults Equipment Sales, P. O. Box 158, Ithaca, Michigan, for supplying the Road Maintenance Section of the Operations Division with one (1) Root Model F-14 -C-S 10 foot Under Truck Road Scraper for the price of $3,566.25, the same having been in fact the lowest and only 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. 13266 By Councilman McCann, seconded by Councilman Brown, it was #891-72 RESOLVED, that having considered a communication from the City Clerk dated September 22, 1972, wherein a request is made for the transfer of certain funds, the Council does hereby determine to authorize the transfer of the sum of $500.00 from Account No. 193-960 (Election Train- ing) to Account No. 193-933 (Equipment and Maintenance) for the purpose of replacing 43 Protective Covers for Shoup Voting Machines; further, the Council does hereby authorize the transfer of the sum of $3,000.00 from the Unexpended Fund Balance Account to Account No. 111-905 (Publishing Account) for the purpose of providing sufficient funds to publish Legal Notices. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #892-72 RESOLVED, that having considered a communication from the Person- nel Director dated September 18, 1972, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on September 5, 1972, the Council does hereby determine to authorize the transfer of the sum of $400.00 from Account No. 236-905 (Publishing) to Account No. 236-825 (Interview Board) for the purpose of providing sufficient funds in order to conduct interviews for candidates for the balance of the fiscal year. A roll call vote was taken on the foregoing resolution with the following result- AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #893-72 RESOLVED, that having considered a communication from the Plan- ning Director dated September 15, 1972, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby deter- mine to authorize the transfer of the sum of $400.00 from the Unexpended Fund Balance Account to Account No. 861.1 (Employees Auto Allowance). A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, it was 13267 #894-72 RESOLVED, that having considered a communication from the District Judges of the 16th Judicial District Court dated September 11, 1972,approved by the Mayor Pro Tem, wherein a request is made for the transfer of certain funds required to adequately fund the 16th District Court for the balance of the fiscal year, the Council does hereby determine to transfer the sum of $12,000.00 from the Unexpended Fund Balance Account to the following Accounts in the following amounts: Account No. Description Amount 141-728 Office Supplies $ 500 141-814 Service Bureau Charges (The Court now pays a flat 70¢ per case, original budget $14,000 x 40% increase) 5,600 141-819 Professional Services (To be used for indigents' counsel, if necessary) 1,000 141-835 Witness Jury Fees 2,500 141-934 Maintenance Office Equipment (Primarily to be used for maintence of recorder equipment donated by State) 1,600 141-958 Dues & Subscriptions (To be used for services for updating as well as maintaining present law library) — 800 Total $12,000. 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, and unanimously adopted, it was #895-72 RESOLVED, that the Council does hereby determine to remove from the table Petition No. 70-4-1-1.4, previously tabled in Council resolution No. 1130-70, for consideration by the Council. By Councilman Ventura, seconded by Councilman Milligan, it was #896-72 RESOLVED, that having considered a communication dated June 19, 1970 from the City Planning Commission which sets forth its resolution No. 6-62-70 with regard to Petition No. 70-4-1-14 submitted by James Bonadeo for a change of zoning on property located on the east side of Levan Road between Roycroft and Five Mile Road in the Southeast 1/4 of 13268 Section 17, from R-2 to P.S., and the Council having conducted a public hearing with regard to this matter on September 9, 1970, pursuant to Council resolution No. 717-70, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 70-4-1-14 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Brown, and unanimously adopted, it was #897-72 RESOLVED, that the Council does hereby request the Director of Public Safety-Police to increase Police surveillance in the vicinity of Five Mile Road and Levan, particularly with respect to alleged drag racing which is occurring in parking lots in this area. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #898-72 RESOLVED, that the Council does hereby determine to remove from the table Petition No. 71-10-1.-65, previously tabled in Council resolu- tion No. 298-72, for consideration by the Council. By Councilman Ventura, seconded by Councilman McCann, it was #899-72 RESOLVED, that having considered a communication dated January 10, 1972 from the City Planning Commission which sets forth its resolu- tion No. 12-320-71 with regard to Petition No. 71-10-1-65 submitted by W. L. Baron for American Oil Company for a change of zoning of property located on the southwest corner of Schoolcraft and Farmington Roads in the Northeast 1/4 of Section 28, from M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on March 13, 1972, pursuant to Council resolution No. 108-72, the Council does hereby reject the recommendation of the Planning Commission and the said Peti- tion No. 71-10-1-65, as amended, is hereby denied for the following reasons: (1) The proposed zoning change is inconsistent with the creation of an industrial belt by the conversion of Industrial zoned lands to General Commercial. (2) The proposed zoning change would be detrimental to, and discourage the orderly and appropriate development of, the surrounding Industrial area. 13269 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, McCann and Nash. NAYS: Bennett and Milligan. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Brown, it was #900-72 RESOLVED, that having considered a communication from the Personnel Director dated September 13, 1972, acknowledged by the President of Union Local 192, and approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted. by the Civil Service Commission on September 5, 1972 wherein the Commission did recommend that the classification of Fire Equipment Mechanic in the Fire Division be established with the following salary range: Step 4 Step 5 _ (Minimum) (Maximum) Annual $10,608.00 $11,024.00 Bi-Weekly 408.00 424.00 Hourly 5.10 5.30, and, further, that such pay rate be adjusted December 1, 1972 in the same manner as pay rates for all other classifications represented by Union Local 192, the Council does hereby determine to concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #901-72 RESOLVED, that having considered a communication from the Personnel Director dated September 22, 1972, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on September 19, 1972 wherein it is recommended that the cost-of-living allowance for retirees be made effective commencing in June 1972 in lieu of September 1972, the Council does hereby determine to concur in and approve of such action and for this purpose amends and revises its resolution No. 839-72, adopted on September 13, 1972, so as to provide that the cost-of-living allowance for retirees become effective commencing in the month of June 1972; and the Department of Law is hereby requested to prepare an appropriate amendment to the Retirement Plan Ordinance in order to implement the action taken herein. 13270 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, *Milligan, McCann and Nash. NAYS: **Bennett and **Brown. The President declared the resolution adopted. *At this point of the roll call, the following resolution was made, after which the roll call vote was resumed. By Councilman Milligan, seconded by Councilman Bennett, it was RESOLVED, that with respect to the effective date of the cost-of- living allowance for retirees, the Council does hereby determine to table this matter to the study session to be conducted on October 16, 1972. A roll call vote was taken on the motion to table, with the following result: AYES: Bennett, Brown and Milligan. NAYS: Ventura, Raymond, McCann and Nash. The President declared the motion to table DENIED. **Councilman Bennett and Councilman Brown made the following statement. My 'no' vote is cast because the Council has already acted on this matter on September 13, 1972. By Councilman McCann, seconded by Councilman Raymond, it was #902-72 RESOLVED, that having considered a communication dated September 20, 1972, from Charles W. Chandler, Chairman, Republican Party of Livonia, requesting permission to operate at least six sound cars in the City of Livonia on November 1i , 5, 6 and 7, 1972, for the purpose of delivering a message designed to encourage registered voters to vote at the General Election on November 7, 1972, the Council does hereby determine to deny the same. 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 Ventura, seconded by Councilman Bennett, it was 13271 #903-72 RESOLVED, that having considered a communication from the City Engineer dated September 11, 1972, approved by the Director of Public Works and the Chairman of the Water and Sewer Board and approved for sub- mission by the Mayor Pro Tem, the Council does hereby determine to adopt the plan attached to the aforesaid communication as the City's Master Sanitary Sewer Plan; and further, the said Master Plan will include the following projects: Estimated Project Cost 1. Sanitary Sewer Extensions in Section 2, 4, 5, 6, 8, 9, 10 and 11 (Seven Mile Road area) $1,800,000.00 2. Section 12 Sanitary Sewer Extension (Sewer on Inkster Road to divorce Livonia from Redford Township Sewer System) 60,000.00 3. Section 16 Lift Station (Maintenance Problems at Coventry Gardens West Subdivision) 10,000.00 4. Section 16 Sanitary Sewer Reconstruction (Reconstruct sanitary sewer system in Coventry Gardens) 450,000.00 5. Section 32 Sewer Separation (Ann Arbor Trail at Levan) 15,000.00 6. Sewer Separation Project in Sections 25, 28, 33, 35 and 36 (Balance of combined sewer separation after Rosedale Gardens has been completed) 275,000.00 Total Estimated Cost (All six projects) $2,610,000.00. 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 #90472 RESOLVED, that having considered the report and recommendation dated October 9, 1.972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor Pro Tem, the Council does hereby authorize the release to the proprietor of the Newburgh Lake Condominum the financial assurances previously deposited with respect to the General Improvement Bond in the sum of $1,000.00, cash, in accord- ance with Council resolution No. 423-70 adopted on May 25, 1970 and, thereafter, subsequently amended on April 12, 1972 in Council resolution No. 312-72 to guaranty the satisfactory installation of improvements for the Newburgh Lake Condominium, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactor- ily installed in accordance with the rules and regulations and ordinances of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 13272 A roll call vote was taken on the foregoing resolution with the following result• AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was #905-72 RESOLVED, that having considered a communication dated September 14, 1972 from the Department of Law, submitted pursuant to council resolu- tion #525-72, approved by the Supt. of Parks and Recreation, and approved for submission by the Mayor, the Council does hereby authorize the Depart- ment of Law to acquire property designated as Park Site FF from the owners thereof which property is 3.857 acres in size and the legal description of which is as follows: That part of the North 1/2 of the Southwest 1/4 of Section 13, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as containing lots 228, 243, 244 and 245 of Supervisor's Livonia Plat No. 3 as recorded in Liber 66, Page 16, containing 3.857 acres as determined from Wayne County Records. That the terms and conditions upon which this acquisition is authorized are as follows. 1. The purchase price shall be in the amount of $30,800. 2. That the Council does hereby authorize an expenditure of a sum not to exceed $101.66 for the proration of the 1971 City, School and County taxes, prorated as of September 11, 197.1. 3. That for the purpose of implementing this resolu- tion, the foregoing amounts are hereby authorized to be expended from the 4.4 Million Dollar General Obligation Parks and Recreation Bond Issue; provided, however, that to the extent that a grant-in-aid is received from the United States of America under the Open Space Land Program in connection with the acquisition of this property, and more particularly as a result of approval of MICH-OSA-148, then to the extent that such federal assistance is received the same shall be reimbursed to the proceeds of the aforesaid bond issue. 4. And the City Clerk, the City Treasurer, and the Department of Law are hereby requested to do all things necessary or incidental to the full per- formance of this resolution. 13273 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. Councilman Brown gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 8-404 OF CHAPTER 4 (FIREARMS, LONGARMS AND DANGEROUS WEAPONS) OF TITLE 8 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. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #906-72 RESOLVED, that having considered a communication from the Depart- ment of Law dated September 14, 1972, approved for submission by the Mayor Pro Tem, which submits a proposed amendment to the Livonia Code of Ordinances which would require the licensing and regulation of steam, sauna and massage parlors, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #907-72 RESOLVED, that having considered a petition from certain residents on Rensellor between Seven Mile Road and the Bridge, dated September 12, 1972, and before determining to improve Rensellor, in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended. 13274 By Councilman Brown, seconded by Councilman Raymond, it was #908--72 RESOLVED, that having considered a communication from the Resident Manager of Wonderland Center dated August 31, 1972, wherein a request is made to defer installation of sidewalks along the perimeter of the property described in the aforesaid communication (Wonderland Shopping Center), the Council does hereby determine to approve such request and for this purpose does hereby request the City Engineer and the Director of Public Works to defer installation of sidewalks previously authorized for installation on these properties until the 1973 construction season has commenced. A roll call vote was taken on the foregoing resolution with the following result: AYES: J Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash, NAYS: None. *Councilman Ventura was excused at 8:56 p. m. By Councilman Raymond; seconded by Councilman Brown, it was #909-72 RESOLVED, that the Council does hereby request the City Engineer and the Director of Public Works to do all things necessary to defer installation of sidewalks previously authorized in Council resolution No. 620-72 to be installed on the southeast corner of the intersection of Middlebelt and Plymouth Roads until the 1973 construction season has commenced. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan and Nash. NAYS: Bennett and McCann. The President declared the resolution adopted. *Councilman Ventura returned at 8:57 p. m. By Councilman McCann, seconded by Councilman Raymond, it was #910-72 RESOLVED, that having considered a communication dated September 14, 1972 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mr. Frank Firek, 33450 Argonne, Farmington, Michigan 48024, 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 03F1 would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing of same into four (4) parcels, the legal descriptions of which shall read as follows: 13275 Parcel "A" A parcel of land_in the Northwest 1/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Be- ginning at a point on the West line of Shadyside Ave. (60 ft. wd. ) distant South 823.96 ft., and S. 89° 55' 30" E., 753.38 ft. , from the Northwest Corner of said Section 3; thence S. 00° O1' 20" E., 112.50 ft.; thence N. 89° 55' 10" W., 146.00 ft.; thence N. 00° Olt 20" W., 112.49 ft.; thence S. 89° 55' 30" E., 146.00 ft., to the point of beginning, containing 16,425 sq. ft. or 0.38 acres subject to recorded 6 ft. easement for public utilities along the West property line. Parcel "B" A parcel of land in the Northwest 1/4 of Section 3, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan. Begin- ning at a point on the West line of Shadyside Ave. (60 ft. wd. ) distant South 823.96 ft., and S. 89° 55' 30" E., 753.38 ft., and S. 00° 01' 20" E., 112.50 ft. from the Northwest Corner of said Section 3; thence S. 00° Olt 20" E., 112.49 ft., thence N. 89° 55' 10" W., 146.00 ft. ; 112.49 ft.; thence S. 89° 55' 10" E., 146.00 ft. to point of beginning, con- taining 16,424 sq. ft. or 0.38 acres subject to recorded 6 ft. easement for public utilities along the West property line and a 6 ft. easement for water along the North pro- perty line. Parcel "C" A parcel of land in the Northwest 1/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Begin- ning at a point on the West line of Shadyside Ave. (60 ft. wd) distant South 823.96 ft., and S. 89° 55' 30" E., 753.38 ft., and S. 00° 01' 20" E., 224.98 ft. from the Northwest Corner of said Section 3; thence S. 00° 01' 20" E. 112.49 ft. , thence N. 89° 55' 10" w., 146.00 ft. , thence N. 00° 01' 20" W., 112.49 ft.; thence S. 89° 55' 10" E., 146.00 ft. to point of beginning, containing 16,424 sq. ft. or 0.38 acres subject to recorded 6 ft. easement for public utilities along the West property line. Parcel "D" A parcel of land in the Northwest 1/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Begin- ning at a point on the West line of Shadyside Ave. (60 ft. wd. ) distant South 823.96 ft., and S. 89° 55' 30" E., 753.38 ft., and S. 00° 01' 20" E., 337.48 ft. from the Northwest Corner of said Section 3; thence S. 00° Olt 20" E., 112.50 ft., thence N. 89° 55' 10" W., 146.00 ft.; thence N.00° 01' 20" W. 112.50 ft., thence S. 89° 55' 10" E., 146.00 ft. to point of beginning, containing 16,425 sq. ft. or 0.38 acres subject to recorded 6 ft. easement for public utilities along the West property line, 13276 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- ed 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #911-72 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated September 21, 1972, approved by the Budget Director and approved for submission by the Mayor Pro Tem, with regard to the award of a federal grant for the City of Livonia under the auspices of the Office of Highway Safety Planning, the Council does hereby determine to appropriate and transfer the sum of $44,005.00 from the Unexpended Fund Balance Account to Police Account No. 301-970 (Traffic Bureau Capital Outlay) in order to provide $35,605.00 as the cash match and $8,400.00 in order to purchase two vehicles including two-way radios. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: Bennett. The President declared the resolution adopted, By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #912-72 WHEREAS, pursuant to the direction of the City Council in its resolution No. 678-72, adopted on July 26, 1972, and in accordance witn Section 2-511 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of September 6, 1972 an assessment roll dated August 31, 1972 covering the proposed improvement on Bennett Avenue, west of Merriman Road in Section 10, City of Livonia, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 678-72; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that 13277 the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, November 27, 1972 at 8:00 P. M. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulat- ed in and throughout the said City, at least ten (10) days prior to the aforesaid date of November 27, 1972; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #913-72 WHEREAS, pursuantin the direction of the City Council in its resolution No. 679-72, adopted on July 26, 1972, and in accordance with Section 2-511 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of September 6, 1972 an assessment roll dated August 31, 1972 covering the proposed improvement on Bobrich Avenue, west of Merriman Road in Section 10, City of Livonia, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 679-72; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, November 27, 1972 at 8:00 P. M. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of November 27, 1972; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. 13278 By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #914-72 WHEREAS, pursuant to the direction of the City Council in its resolution No. 737-72, adopted on August 16, 1972, and in accordance with Section 2-511 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of September 6, 1972 an assessment roll dated August 28, 1972 covering the proposed installation of the Inkster Road Water Main Extension in the East 1/2 of Section 25, City of Livonia, containing the special assessments to be assessed and levied, respective- ly, in the proposed special assessment district heretofore established for the construction and operation of the proposed improve- ment in said district as designated in Council resolution No. 737-72; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit• that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, November 27, 1972 at 8:00 P. M. to review the said special assessment roll at which time and place opportunity will be given to al2. interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulat- ed generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of November 27, 1972; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #915-72 WHEREAS, pursuant to the direction of the City Council in its resolution No. 206-72, adopted on May 9, 1972, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of October 2, 1972 an assessment roll dated September 21, 1972 covering the proposed installation of a street lighting system using existing wood poles on Deering Avenue, north of Joy Road in Section 36, City of Livonia, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council resolution No, 206-72; 13279 THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, November 27, 1972 at 8:00 P. M. to review the said special assess- ment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of November 27, 1972; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assess- ment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. The items on the agenda with respect to Street Lighting in Tiffany Park Subdivision No. 6, Parkridge Subdivision and Linden Wood Subdivision were removed inasmuch they were acted upon at the meeting of September 27, 1972. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #916-72 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, November 27, 1972 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. 72-5-1-31 submitted by James M. Carell for a change of zoning of property located on the east side of Purlingbrook south of Eight Mile Road in the Northeast 1/4 of Section 2, from R-1 to R-6, the City Planning Commission having in its resolution No. 8-219-72 recommended to the City Council that Petition No. 72-5-1-31 be denied; 2. Petition No. 72-7-1-38 submitted by Kenneth A. Neal, L Attorney, for E. David Auer for a change of zoning of property located on the southeast corner of Wayne Road and Ann Arbor Trail in the Southwest 1/4 of Section 33, from RUF and C-1 to R-7, the City Planning Commission having in its resolution No. 9-228-72 recommended to the City Council that Petition No. 72-7-1-38 be approved; 13280 3. Petition No. 72-7-1-39 submitted by Avern Cohn for a change of zoning of property located on the north side of Plymouth Road between Farmington Road and Stark Road in the Southeast 1/4 of Section 28, from RUF and C-2 to C-1, the City Planning Commission having in its resolution No. 9-229-72 recommended to the City Council that Petition No. 72-7-1-39 be approved; further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing to cause to have a statement indicating the location of the proposed changes of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to thefull performance of this resolution. Councilman Brown gave first 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 ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 72-4-1-23 FOR CHANGE OF ZONING FROM RUF TO C-1. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Raymond, it was #917-72 RESOLVED, that having considered a communication dated September 29, 1972 from the Assistant Assessor, approved for submission by the Mayor Pro Tem, with regard to a request from Mr. and Mrs. James H. Esson, 18925 Wayne Road, Livonia, Michigan 48152, 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 08Ala would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing of same into three parcels, the legal descriptions of which shall read as follows: 13281 Parcel "A" A parcel of land being part of the NE 1/4 of Section 8, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Beginning at a point, said point being S. 0° 16' 30" E., 570.0 ft. along the East line of Section 8, T. 1 S., R. 9 E., thence S. 0° 16' 30" E. , 90.0 ft. to a point; thence S. 89° 44' 10" W., 372.0 ft. to a point; thence N. 0° 16' 30" W., 90.0 ft. to a point; thence N. 89° 44' 10" E., 372.0 ft. to the point of beginning. Parcel "B" A parcel of land being part of the NE 1/4 of Section 8, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Beginning at a point, said point being S. 0° 16' 30" E., 660.0 ft. along the east line of Section 8, T. 1 S., R. 9 E., ; thence S. 0° 16' 30" E., 92.0 ft. to a point, thence S. 89° 44' 10" W. , 372.0 ft. to a point; thence N. 0° 16' 30" W., 92.0 ft. to a point; thence N. 88° 44' 10" E., 372.0 ft. to the point of beginning. Parcel "C" A parcel of land being part of the NE 1/4 of Section 8, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Beginning at a point, said point being S. 0° 16' 30" E., 752.0 ft. along the East line of Section 8, T. 1 S., R. 9 E., thence S, 0° 16' 30" E., 160.0 ft. to a point; thence S. 89° 44' 10" W., 372.0 ft. to a point; thence N. 0° 16' 30" W., 160.0 ft. to a point, thence N. 89° 44' 10" E., 372.0 ft. to the point of beginning. 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was 13282 #918-72 RESOLVED, that having considered a communication from the Department of Law, dated September 27, 1972, transmitting for acceptance a Grant of L Easement executed on September 10, 1972 by the Unity of West Suburbia Church, by its president Thomas Kowalsky and its secretary Shirley Ann Portman, granting to the City an easement for the construction of an off- site storm sewer which easement is more particularly described as: The North 12 feet Parcel__D_e_s_cription A. par , off the S.W. 1/4 of Section 13, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan described as follows: Beginning at a point distant N. 89° 52' 10" W. 660.00 feet and N. 0° 12' 30" W. 60.00 ft. from the S. 1/4 corner of Section 13; thence N. 89° 52' 10" W. 246.34 ft. thence N. 0° 20' E. 593.43 ft.; thence S. 88° 57' E. 240.88 ft. and thence S. 0° 12' 30" E. 589.63 ft. to the point of beginning. (Bureau of Taxation Parcel 13K4ala,4a2a,4b1) 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. Councilman Raymond gave first 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 ADDING PARAGRAPH (11) TO SECTION 5-901 THEREOF. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the c,ffice of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Raymond, it was L #919-72 RESOLVED, that having considered a communication dated June 19, 1972 from the City Planning Commission which sets forth its resolution No. 6-147-72 with regard to Petition No. 72-5-1-26 submitted by the City Plan- ning on its own motion for a change of zoning on lands owned by the 13283 Livonia Public Schools and/or City of Livonia located in the Southwest 1/4 of Section 3, from R-3A, RUFB and R-1 to PL (Public Land), and the Council having conducted a public hearing with regard to this matter on September 25, 1972, pursuant to Council resolution No. 693-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition. No. 72-5-1-26 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #920-72 RESOLVED, that having considered a communication dated June 19, 1972 from the City Planning Commission which sets forth its resolution No. 6-154-72 with regard to Petition No. 71-2-1-5 submitted by Edmund T. Warren for a change of zoning on property located west of Newburgh Road between Plymouth Road and Amrhein Road in the Southeast 1/4 of Section 30, L. from RUF to M-1, and the Council having conducted a public hearing with regard to this matter on September 25, 1972, pursuant to Council resolution No. 693-72, the Council does hereby determine to refer this matter to its Study Session to be conducted on October 16, 1972. By Councilman Bennett, seconded by Councilman MC Cann, it was #921-72 RESOLVED, that having considered a communication dated June 19, 1972 from the City Planning Commission which sets forth its resolution No. 6-146-72 with regard to Petition No. 72-5-1-25 submitted by the City Plan- ning Commission on its own motion for a change of zoning on lands owned by the Livonia Public Schools and/or City of Livonia located in the Northeast 1/4 of Section 2, from RUFA, R-1 and R-3A to PL (Public Lands), and the Council having conducted a public hearing with regard to this matter on September 25, 1972, pursuant to Council resolution No. 693-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-5-1-25 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. 13284 By Councilman Bennett, seconded by Councilman McCann, it was #922-72 RESOLVED, that having considered a communication dated June 19, 1972 from the City Planning Commission which sets forth its resolution No. 6-145-72 with regard to Petition No. 72-1-1-2 submitted by the City Plan- ning Commission on its own motion for a change of zoning on lands owned by the Livonia Public Schools and/or City of Livonia located in Section 1, from RUF to PL (Public Lands), and the Council having conducted a public hearing with regard to this matter on September 25, 1972, pursuant to Council resolution No. 693-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-1-1-2 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the change of zoning herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #923-72 RESOLVED, that having considered a communication dated June 19, 1972 from the City Planning Commission which sets forth its resolution No. 6-151-72 with regard to Petition No. 72-1-1-8 submitted by William Ponder, Attorney, for Newburgh Land and Development Company, for a change of zon- ing on property located on the east side of Stark Road, south of Plymouth Road in the Northeast 1/4 of Section 33, from RUF to R-7, and the Council having conducted a public hearing with regard to this matter on September 25, 1972, pursuant to Council resolution No. 693-72, the Council does hereby determine to table this matter pending a final decision to be rendered by the Michigan Supreme Court in the case of Korash, et al v. City of Livonia, et al, Supreme Court No. 53974. By Councilman Ventura, seconded by Councilman Raymond, and unanimously a-o; ted, it was #924-72 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetings of the City Council for the month of November, 1972: Wednesday, November 15, 1972 Wednesday, November 29, 1972. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was 13285 #925-72 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. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #926-72 RESOLVED, that having considered a communication from Robert W. Knittle, 11354 Hillcrest, Livonia, Michigan, dated October 2, 1972, wherein a request is made for the elimination of the No Left Turn Traffic Control Device for westbound traffic on Plymouth Road at Milburn, and the Council having been advised by the Director of Public Safety-Police that a request has been submitted to the Michigan State Highway Department for this purpose, the Council does hereby request that the Traffic Bureau of the Police Department keep the Council advised of such progress as may occur in this regard. By Councilman Brown, seconded by Councilman Ventura, it was #927-72 RESOLVED, that having considered a request from the Livonia JayCees for the use of the City-owned property located at 33211 Seven Mile Road, the old Court House Building, for use by the said Livonia JayCees during the week preceding Halloween, as well as October 31, 1972 the night of Halloween, as a "haunted house", the Council does hereby determine to approve such request and to authorize the use of this property for this purpose; provided, however, that the Council does hereby determine that approval of this request is made subject to the aforesaid Livonia JayCees providing the City with a certificate of insurance in the amount of $250,000/$500,000/$5©,000 covering the City with respect to this activity in a form approved by the Department of Law; and the City Clerk, Director of Public Works, Chief of Police and the Director of Civil Defense are hereby requested to do all things necessary or incidental to providing necessary assistance in order to assure success for this worthy project, and particularly provide such auxiliary police as may be neces- sary for this activity. }. 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 Bennett, and unanimously adopted, it was #928-72 RESOLVED, that having considered a communication dated October 9, 1972 from the City Planning Commission which transmits its resolution No. 9-238-72 with regard to Petition No. 72-7-3-5 submitted by Paul McDonough for vacating an easement located on the east side of Hillcrest between Elmira and Robert Avenues in the Northwest 1/4 of Section 35, City of 13286 Livonia, Wayne County, Michigan, the Council does hereby grant the said Petition and Petition No. 72-7-3-5 is hereby approved; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #929-72 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, November 27, 1972 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: Petition No. 72-8-1-40 submitted by Patrick Duggan, Attorney for Dale Investment Company, Inc. for a change of zoning of property located at the southeast corner of Middlebelt and Clarita in the Northwest 1/4 of Section 12, from RUF to C-2, the City Planning Commission having in its resolution No. 9.236-72 recom- mended to the City Council that Petition 72-8-1-40 be denied, further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing to cause to have a statement indicating the location of the proposed change of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Brown, it was RESOLVED, that having considered a communication from Rodney C. Kropf, Attorney for Nicholas George, dated October 10, 1972, with respect to Petition No. 72-3-1-17, the Council does hereby refer the same to the City Planning Commission for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result AYES: Brown, Ventura, and McCann. NAYS: Bennett, Raymond, Milligan and Nash. The President declared the resolution DENIED. 13287 By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #930-72 RESOLVED, that having considered a communication from Rodney C. Kropf, Attorney for Nicholas George, dated October 10, 1972, with respect to Petition No. 72-3-1-17, the Council does hereby refer the same to the Committee of the Whole for its consideration at a meeting to be conducted on Monday, November 20, 1972 at 7:00 P. M. By Councilman Milligan, seconded by Councilman Ventura, it was #931-72 RESOLVED, that having considered the report and recommendation dated October 6, 1972, from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Item No. 8 of Council Resolution No. 34-72, adopted on January 5, 1972, so as to reduce the Financial Assurances now on deposit with the City for General Improvements in Farmington-Plymouth Industrial Complex Subdivision to $15,500.00 of which $2,000.00 shall be in cash, to cover the cost of remaining improvements in said subdivision, and the Financial Assurances now on deposit with the City, if any, shall be reduced accordingly; and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full perform- ance of this resolution. loll 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 Bennett, it was #932-72 RESOLVED, that the preliminary plat of the proposed Livonia Mall Estates Subdivision situated in the Southwest 1/4 of Section 2, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on January 19, 1971, by its resolution No. 1-5-71, and approved by the City Council on January 5, 1972 by its resolu- tion No. 35-72, and now the City Planning Commission having approved the final true plat on September 26, 1972 in its resolution No. 9-250-72, the Council does hereby determine to grant its approval to the final plat of Livonia Mall Estates Subdivision located in the Southwest 1/4 of Section 2, City of Livonia, 'Tayne County, Michigan, as filed with the City Clerk by Chester Koppy, 20530 Southfield Road, Detroit, Michigan 48235, as proprietor, and said proprietor thereof being required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, the Ordinances of the City of Livonia, and the resolutions of the City Council of the City of Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Raymond, Milligan, McCann and Nash. NAYS: Ventura. The President declared the resolution adopted. 13288 By Councilman Bennett, seconded by Councilman Ventura, and unanimously Ladopted, this 745th regular meeting of the Council of the City of Livonia, was duly adjourned at 9:35 P. M., October 11, 1972, ADDISON W. BACs lerk.