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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-05-21 10496 MINUTES OF THE SIX HUNDRED FIFTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 21, 1969, 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 8:20 P. M. Councilman Nash delivered the invocation. Roll was called with the following result: Present--Edward H. McNamara, Rudolf R. Kleinert, Peter A. Ventura, Jerry Raymond, Robert F. Nash, Robert E. McCann and *Edward G. Milligan. Absent--none. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Robert A. Shaw, Director of Public Works; Henry Sieferd, City Assessor; William J. Strasser, City Engineer; Donald Nicholson, Director of Public Safety; John T. Dufour, Superintendent of Parks and Recreation; LDan Andrew, Industrial Coordinator; James Miller, Personnel Director; John Nagy, Assistant City Planner; Victor C. Phillips, Budget Director, Thomas Griffiths, Jr. Chief Accountant; William LaPine, Zoning Board of Appeals; and Donald Heusted of the Planning Commission. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #540-69 RESOLVED, that the minutes of the 649th regular meeting of the Council of the City of Livonia, held May 14, 1969, are hereby approved. The communication from the Department of Law, dated May 20, 1969, with respect to the Stark and Newburgh Road Crossing Protection Devices, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman McCann, it was #541-69 RESOLVED, that having considered the communication from the Water and Sewer Board, dated May 19, 1969, approved for submission by the Mayor, which transmits its resolution #WS 1217 5/69, the Council does hereby accept the unit price bid of A. & P. Construction Company, Inc., 42750 Grand River, Novi, Michigan, for the construction of Sanitary Sewers and Water Mains for the proposed Section 27 Industrial Development Project for 10497 the estimated cost of $59,793.90 (based on the Engineering Division's estimate of units of work involved), and subject to a Final Payment based upon 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 bids received for this work; and the Council does hereby request the Board of County Road Commissioners to approve the use of surplus funds from the 1965 Sanitary Sewer Bond Issue for the purpose of installing the subject sanitary sewer, the cost of which is estimated to be $24,869.40, and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Kleinert and McNamara. NAYS : None. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that the matter concerning the acceptance of bids for the paving of Stark Road, from Plymouth Road to Schoolcraft Road, be referred to the next regular meeting of the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond and Nash. NAYS: McCann, Kleinert and McNamara. The President declared the resolution denied. By Councilman Kleinert, seconded by Councilman McCann, it was #542-69 RESOLVED, that having considered the report and recommendation dated May 21, 1969 from the City Engineer and Assistant City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor in a letter dated May 21, 1969, the Council does hereby accept the bid of Oak Construction Company, 220 E. 7th Street, Royal Oak, Michigan, for the paving of Stark Road, from Plymouth Road to Schoolcraft Road, for the estimated cost of $389,640.20 (based on the Engineering Division's estimate of units of work involved), and subject to a Final Payment based upon 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 bids received for this work; further, the Council does hereby authorize an advance in the amount of $389,640.20 from the $9,800,000.00 General Obligation Street Improvement Bond Issue for this purpose, a portion of which is to be reimbursed to the same Bond Issue from the proceeds of the Special Assessment District to be established for this project; and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as completed, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. 10498 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Kleinert and McNamara. NAYS : None. Councilman Kleinert introduced the following Ordinance' AN ORDINANCE AMENDING SECTIONS 2, 13, and 16 OF ORDINANCE 41, AS AMENDED, KNOWN AND CITED AS "THE TREE AND SHRUB ORDINANCE." The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. *Councilman Milligan arrived at 8:26 P. M. By Councilman Raymond, seconded by Councilman Ventura, it was imil #543-69 RESOLVED, that the Council does hereby determine to reconsider the action taken in Council Resolution #542-69 with respect to the acceptance of bids for the paving of Stark Road, from Plymouth Road to Schoolcraft Road. A roll call vote was taken on the motion to reconsider, with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS : None. A roll call vote was taken on Council Resolution #542-69 with the following result: AYES : Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS : None. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Milligan, it was #544-69 RESOLVED, that having considered a communication from the Director of Public Works dated May 19, 1969, approved for submission by the Mayor, as well as a letter dated May 16, 1969 from Mr. John E. Hiltz, with respect to an advance payment to be made to John E. Hiltz & L Associates, Inc., 15601 W. McNichols Road, Detroit, Michigan 48235, as Consulting Engineers on the following Livonia Drain Programs: 10499 Livonia Drain No. 22 Extensions & Branches Livonia Drain No. 19 Extension Livonia Drain No. 13 Extension & Branches Livonia Drain No. 21 Livonia Drain No. 29 Livonia Drain No. 2 Branches Livonia Drain No. 31 Livonia Drain No. 12 Branches Livonia Drain No. 11 the Council does hereby concur in and approve of an advance payment to be made in the amount of $200,000.00 with respect to work that has been completed by the aforesaid Company in connection with the said Livonia Drains and does request the Wayne County Drain Commission as well as the respective Livonia Drain Boards to give Final approval on this request, and the City Clerk is hereby requested to forward certified copies of this resolution to the Wayne County Drain Commission as well as to the legal firm of Miller, Canfield, Paddock and Stone. A roll call vote was taken on the foregoing resolution with the following result• AYES• Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #545-69 WHEREAS, it has been made very clear that an effort will again be made to cause a drastic change in the tax exempt status of municipal bonds; and WHEREAS, it is essential that a strong stand be taken against taxation of interest on municipal bonds, directly or indirectly, to prevent the termination of tax exemption in this regard, and WHEREAS, Livonia and other similar communities have a dire need for capital improvements which can only be financed through municipal bonds; and WHEREAS, elimination of the tax exempt status of municipal bonds would have a detrimental effect to this City's future bonding ability, NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia joins with its Mayor, Harvey W. Moelke, in expressing great concern and apprehension with respect to these unjustified efforts to cause the elimination of the tax exempt status of municipal bonds, and further resolved, that Congressman Jack H. McDonald, as well as Martha W. Griffiths and Charles E. Chamberlain of the House Ways and Means Committee, are urged to oppose the termination of the said tax exemption since the impact of the same would be very deterimental to the citizens of this community as well as other similar communities. 10500 IgoA roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman McCann, it was #546-69 RESOLVED, that having considered communications dated May 20, 1969 and May 16, 1969 from the Parks and Recreation Commission, approved by the Budget Director and approved for submission by the Mayor, with respect to obtaining a Class "C" Liquor License at the Whispering Willows Municipal Golf Course, the Council does hereby authorize an expenditure of $645.00 from the Golf Course Concession Fund for this purpose in the following manner. 1. License fee $ 500.00 2. Sunday Sales (after 2 P. M. ) 75.00 3. Inspection fee 35.00 4. $5,000 Liability Surety Bond 35.00 Total $ 645.00 further, the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this illo resolution. By Councilman Kleinert, seconded by Councilman Ventura, it was RESOLVED, that the foregoing resolution be amended so as to delete the License for Sunday sales of alcoholic beverages. A roll call vote was taken on the amendment with the following result. AYES: Ventura, Kleinert and McNamara. NAYS* Raymond, McCann, Nash and Milligan. The President declared the amendment defeated. A roll call vote was taken on the original resolution with the following result AYES: Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: Ventura. The President declared the resolution adopted. The communication dated May 20, 1969 from the City Clerk, which transmits Statement of Financial Conditions General Fund for the Period Ending April 30, 1969 L was received and filed for the information of the Council. 10501 By Councilman Ventura, seconded by Councilman Kleinert, it was L #547-69 RESOLVED, that having considered a communication from the City Planning Commission dated April 23, 1969, which transmits its resolution #4-56-69 adopted by the Commission on April 1, 1969 with regard to Petition #69-3-8-1 requesting site plan approval for a K-Mart development proposed to be located immediately adjacent to Wonderland Shopping Center in Section 35, the Council does hereby, pursuant to provisions set forth in Section 9.03 of Ordinance No. 543, as amended, concur in the recommenda- tion of the Planning Commission and Petition 69-3-8-1 is hereby approved, such approval to be subject to adherence to Site Plan A-4a and dedication of a thirty-three foot right-of-way on Plymouth Road to the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. The communication from the Planning Commission dated April 16, 1969, relative to the development of the Monaco property (Parcel Q-1) transmitted in response to Council Resolution No. 1317-68 and referred to the Committee of the Whole in Council Resolution No. 460-69, was received and filed for the information Lof the Council. The document titled "Land Use Inventory, City of Livonia" transmitted by the Planning Director under date of March 27, 1969, and referred to the Committee of the Whole in Council Resolution No. 458-69, was received and filed for the information of the Council. The communication from the Traffic Commission dated April 4, 1969 with respect to a request for a reduction in the speed limit on Merriman Road, referred to the Committee of the Whole in Council Resolution No. 457-69, was received and filed for the information of the Council. Councilman Nash took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING ORDINANCE L NO. 457 KNOWN AND CITED AS THE "FENCE ORDINANCE OF THE CITY OF LIVONIA," BY AMENDING SECTION 3.02 OF ARTICLE III THEREOF. 10502 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 36 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 68-11-1-41 FOR CHANGE OF ZONING FROM R-1 TO C-2, INTRODUCED BY COUNCILMAN VENTURA ON MAY 14, 1969. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND PET. NO. 68-12-3-13 A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 10503 By Councilman Nash, seconded by Councilman Raymond, it was #548-69 RESOLVED, that having considered a communication from the City Planning Commission dated April 25, 1969, submitted pursuant to council resolution #318-69, and having also considered the report and recommenda- tion dated December 5 1968 from the City Planning Commission which sets forth its resolution #12- 148-68 in regard to Petition #68-10-1-40 submitted by Hyman Gold for a change of zoning on property located on the north side of Six Mile Road, east of Newburgh Road, in Section 8, from R-4-B to C-2 and P.S..; and the Council having conducted a public hearing with regard to this matter on January 29, 1969, pursuant to resolution #1365-68, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition #68-10-1-40 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 in accordance with this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman McCann, it was #549-69 RESOLVED, that having considered a communication dated April 24, 1969 from the City Engineer and the Officer in charge of the Traffic Division of the Police Division, approved by the Director of Public Works, and approved for submission by the Mayor, with respect to the necessity for constructing an additional right turn lane at the northeast corner of Plymouth Road and Levan Road, such lane to be approximately 350 feet in length, the Council does hereby authorize the Engineering Division to include in the construction plans for the paving of Levan Road the said additional right turn lane to be constructed on the north side of Plymouth Road at Levan Road the cost of which is to be defrayed from the proceeds of the $9,800,000 General Obligation Street Improvement Bond Issue; further, the Council does hereby request the Michigan Department of State Highways to participate in the cost of constructing this additional lane on Plymouth Road. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was 10,04 #550-69 RESOLVED, that having considered a communication from the City Planning Commission dated April 21, 1969 wherein it is recommended that certain adjustments and revisions be made in the fees charged with respect to the processing of zoning petitions, as well as certain other matters, the Council does hereby refer the same to the City Planning Commission with the request that the said Commission on its own motion conduct the necessary public hearings in accordance with Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance, as well as do all other things necessary in this regard and thereafter submit its report and recommendation to the Council, and the Department of Law is hereby requested to do all things necessary to assist the City Planning Commis- sion in the preparation of the necessary amendments required for consideration in this regard. A roll call vote was taken on the foregoing resolution with the following result: AYES : Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #551-69 RESOLVED, that having considered a communication dated May 2, 1969 from Ralls-Wimill-Becker Associates, Inc. , with regard to the installation of underground power and telephone service to be included in the construction of the two municipal swimming pools, the Council does hereby authorize this additional work (providing approximately 825 feet of underground service) to be performed by the General Contractor, L. 0. Lauer & Son, at a total cost not to exceed $16,740.00 as an addi- tion to and as part of the Contract previously awarded in this regard; further, the Council does hereby authorize the expenditure of a sum not to exceed $16,740.00 from the $4,400,000.00 General Obligation Parks and Recreational Facilities Bond Issue for this purpose, and further, the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was RESOLVED, that having considered a communication from the City Engineer dated May 14, 1969, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the necessity of correcting a serious drainage problem existing on Lot 45 in the Zimmerman & Porter's Schoolcraft Estates Subdivision, the Council does hereby authorize the Department of Public Works to provide the personnel and labor necessary to construct an extension of approximately 140 feet of 12" storm sewer, required in this regard, along the westerly property 10505 L line of Lot 45, based upon the understanding that the owner of the subject property (Edmund V. Strelecki) will grant to the City the required easement in this regard as well as pay no more that $500.00 to cover the cost of the materials required. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that the foregoing resolution be amended so as to delete the $500.00 for materials to be paid by the petitioner. *The President relinquished the Chair to the Vice-President at 9:06 P. M. By Councilman Ventura, seconded by Councilman Milligan, the following substitute motion was offered: #552-69 RESOLVED, that having considered a communication from the City Engineer dated May 14, 1969, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the existence of a serious drainage problem on Lot 45 in Zimmerman & Porter's School- craft Estates Subdivision, as well as in the surrounding area, the Council does hereby request that the City Engineer submit his report and recommendation with respect as to what would be required to correct the overall drainage problem that exists in this area. LA roll call vote was taken on the foregoing substitute resolution as follows : AYES: Ventura, Raymond, McNamara and Milligan NAYS: Nash, Kleinert and McCann. The Vice President declared the substitute motion adopted. *The President resumed the Chair at 9:18 P. M. By Councilman McCann, seconded by Councilman Kleinert, it was #553-69 RESOLVED, that having considered a communication from the City Engineer dated May 14, 1969, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the necessity of correcting a serious drainage problem existing on Lot 45 in the Zimmerman & Porter's Schoolcraft Estates Subdivision, the Council does hereby authorize the Department of Public Works to provide the personnel and labor necessary to construct an extension of approximately 140 feet of 12" storm sewer, required in this regard, along the westerly property line of Lot 45, based upon the understanding that the owner of the sub- ject property (Edmund V. Strelecki) will grant to the City the required easement in this regard as well as pay no more than $500.00 to cover the cost of the materials required. L A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Nash, Kleinert and McNamara. NAYS : Ventura, Raymond and Milligan. The President declared the resolution adopted. 10506 The following resolution was unanimously introduced, supported and adopted. #554-69 WHEREAS: It is recognized that rodent problems in this community are a serious threat to the health, safety and well being of this community and WHEREAS: The Wayne County Health Department is planning to expand existing services with respect to rodent problems within this community and WHEREAS: The Wayne County Health Department has been designated as the responsible agency for dealing with health problems within this community BE IT HEREBY RESOLVED THAT the Council of the City of Livonia endorses and supports the Wayne County Health Department in a neighbor- hood rodent evaluation program and requests the support and cooperation of the residents of this community. By Councilman Nash, seconded by Councilman Kleinert, it was #555-69 WHEREAS, property described as: That part of Section 10, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as the E. 10 acres of the N. W. 1/4 of Section 10, except the N. 530.73 feet thereof; also except the S. 43 feet thereof. 7.93 acres. is included in the Master Plan for Parks for the City of Livonia; and WHEREAS, the United States of America has entered into Contract OSA-58 which provides for financial assistance to the City of Livonia in acquiring the above described real property for park purposes; and WHEREAS, it is hereby determined, upon consideration of two competent independent appraisals that the fair market value of this real property is $27,000.00, NOW, THEREFORE, BE IT RESOLVED, THAT: 1. the City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property at a price of $27,000.00, and 2. the City Council does hereby authorize the expenditure of the sum of $473.85 for the proration of the 1968 City, County and School taxes applicable to this property, prorated as of April 24, 1969; and 3. the City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the provisions that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreational General Obligation Bond Issue; and 10507 4. the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #556-69 WHEREAS, property described as: That part of Section 10, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as the W. 82.50 feet of the S. 747.0 feet of the N. 1320.0 feet of the E. 16 acres of the W. 34 acres of the E. 60 acres of the N. W. 1/4 of Section 10. 1.41 acres is included in the Master Plan for Parks for the City of Livonia, and WHEREAS, the United States of America has entered into Contract OSA-58 which provides for financial assistance to the City of Livonia in acquiring the above described real property for park purposes; and WHEREAS, it is hereby determined, upon consideration of two competent independent appraisals that the fair market value of this real property is $4,000.00, NOW, THEREFORE, BE IT RESOLVED, THAT: 1. the City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property at a price of $4,000.00; and 2. the City Council does hereby authorize the expenditure of the sum of $83.03 for the proration of the 1968 City, County and School taxes applicable to this property, prorated as of April 28, 1969, and does further authorize the expenditure of the sum of $50.00 to cover the cost of the title insurance policy on the subject property; and 3. the City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the provision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreational General Obligation Bond Issue, and 4. theCity Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 10508 A roll call vote was taken on the foregoing resolution with the following result: LAYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #557-69 WHEREAS, property described as: That part of the S. E. 1/4 of Section 36 described as beginning at a point distant N. 89° 41' W. 1795.11 feet and N. 0° 04' 40" E. 1335.0 feet from the S.E. corner of Section 36, and proceeding thence N. 0° 04' 40" E. 100.0 feet; thence S. 89° 41' W. 154.50 feet; thence S. 0° 04' 40" W. 100.0 feet; thence S. 89° 41' E. 15+.50 feet to the point of beginning. ( .35 acres) is included in the Master Plan for Parks for the City of Livonia; and WHEREAS, the United States of America has entered into Contract OSA-58 which provides for financial assistance to the City of Livonia in acquiring the above described real property for park purposes, and WHEREAS, it is hereby determined, upon consideration cf two competent independent appraisals that the fair market value of this real L. property is $1,750.00, NOW, THEREFORE, BE IT RESOLVED, THAT: 1. the City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property at a price of $1,750.00; and 2. the City Council does hereby authorize the expenditure of the sum of $43.84 for the proration of the 1968 City, County, and School taxes applicable to this property, prorated as of April 18, 1969; and 3. the City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the provision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreational General Obligation Bond Issue; and 4. the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: L AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNRmRra. NAYS : None. 10509 By Councilman Ventura, seconded by Councilman Raymond, it was #558-69 WHEREAS, property described as . That part of the S. E. 1/4 of Section 20, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as being the E. 340 feet of the following described parcel of land- The S. 1/2 of the N. 1/2 of the N. W. 1/4 of the S.E. 1/4 of Section 20; also the N. 5.0 acres of the S. 1/2 of the N. W. 1/4 of the S. E. 1/4 of Section 20. (3.76 acres) Plan is included in the Master/for Parks for the City of Livonia, and WHEREAS, the United States of America has entered into Contract OSA-58 which provides for financial assistance to the City of Livonia in acquiring the above described real property for park purposes, and WHEREAS, it is hereby determined, upon consideration of two com- petent independent appraisals that the fair market value of this real property is $17,600.00, NOW, THEREFORE, BE IT RESOLVED, THAT: 1. the City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property at a price of $17,600.00, and 2. the City Council does hereby authorize the expenditure of the sum of $291.10 for the proration of the 1968 City, County and School taxes applicable to this property prorated as of May 1, 1969, and does further authorize the expenditure of the sum of $120.00 to cover the cost of the title insurance policy on the subject property; and 3. the City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the provision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreational General Obligation Bond Issue; and 4. the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was 10510 #559-69 RESOLVED, that having considered a communication dated March 7, 1969 from Seymour Beitner, attorney for International Industries, Inc. , which, in accordance with provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determina- tion made on March 4, 1969 by the City Planning Commission in its resolution #3-28-69 with regard to Petition No. 69-1-2-4 submitted by International Industries Inc. requesting permission to construct a restaurant building and rental store building as a waiver use on property zoned C-2 and located on the east side of Middlebelt Road, between Seven Mile Road and Eight Mile Road, in Section 1, and the Council having conducted a public hearing with respect to this matter on MaY7, 1969, pursuant to council resolution #307-69, the Council does hereby concur in the recommendation of the City Planning Commission and Petition #69-1-2-4 is hereby denied, such action being based upon the same reasons as are set forth in the aforesaid action of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was #560-69 RESOLVED, that having considered the report and recommendation dated February 28, 1969 from the CityPlanning Commission which sets forth its resolution #2-19-69 in regard to Petition #69-1-1-1 submitted by the City Planning Commission requesting to rezone property located between Osmus Avenue and Merriman Road on the south side of Eight Mile Road, in the Northeast 1/4 of Section 3, from RUFA to R-3, and the Council having conducted a public hearing with regard to this matter on May 7, 1969,pursuant to council resolution #294-69, the Council does hereby reject the recommendation of the Planning Commission and the said Petition #69-1-1-1 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES• Ventura, Raymond, McCann and Milligan. NAYS: Nash, Kleinert and McNamara. The President declared the resolution adopted. *At 9:37 p. m., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. 10511 By Councilman Milligan, seconded by Councilman Raymond, it was #561-69 RESOLVED, that having considered the report and recommendation dated February 28, 1969 from the City Planning Commission which sets forth its resolution #2-18-69 in regard to Petition #68-12-1-45, submitted by Charest and Clancy for Harold Thomas, requesting to rezone property located on the west side of Middlebelt Road, south of Five Mile Road, in the Northeast 1/4 of Section 23, from RUFA to C-2, and the Council having conducted a public hearing with regard to this matter on MaY7, 1969, pursuant to council resolution #294-69, and the Petitioner having requested that this matter be referred to the CityPlanning Commission, the Council does hereby determine to refer the same to the City Planning Commission for further consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: Kleinert. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Ventura, it was #562-69 RESOLVED, that having considered the report and recommendation dated February 3, 1969 from the City Planning Commission which sets forth its resolution #1-2-69 in regard to Petition #68-11-1-42, submitted by Richard E. Gabel and Edward C. Levy, Jr. , requesting to rezone property located on the north side of Schoolcraft Road near Stark Road in the Southwest 1/4 of Section 21, from R-2 to R-7, and the Council hav- ing conducted a public hearing with regard to this matter on May 7, 1969, pursuant to council resolution #294-69, the Council does hereby concur in the recommendation of the City Planning Commission and Petition #68-11-1-42 is hereby denied, such action being based upon the same reasons as are set forth in the aforesaid action of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. The communication from the Department of Law, dated April 25, 1969, with respect to the Middlebelt Road Sidewalk Special Assessment District, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was 10512 #563-69 RESOLVED, that having considered a communication dated March 31, 1969 from the City Planning Commission relating to the establishment of a policy for the ownership of park lands which would have been set aside in subdivision plats, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Raymond, seconded by Councilman Milligan, it was RESOLVED, that having considered a communication dated April 9, 1969 from the Personnel Director, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on April 1, 1969 wherein a request is made for an appropriation sufficient to install air condition- ing in the office of the Civil Service Commission, the Council does hereby authorize the transfer of a sum not to exceed $621.05 from the Reserve for Contingencies Account to Account No. 360 for this purpose. By Councilman Ventura, seconded by Councilman Milligan, it was #564-69 RESOLVED, that having considered a communication dated April 9, 1969 from the Personnel Director, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on April 1, 1969 wherein a request is made for an appropriation sufficient to install air condition- ing in the office of the Civil Service Commission, the Council does hereby refer this matter back to the Mayor and the Budget Director for further information. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, McCann, Nash and Milligan. NAYS: Kleinert and McNamara. i'he President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, it was #565-69 RESOLVED, that having considered a communication from the Supt. of Operations and the Director of Public Works, dated April 16, 1969, approved for submission by the Mayor, as well as a communication dated April 16, 1969 from the Budget Director, approved for submission by the Mayor, the Council does hereby determine to accept the following low bids for supplying the Operations Division of the Department of Public Works with Aggregates, Road Gravel, Slag and Stone, for the period from June 1, 1969 through May 31, 1970, in the indicated manner: 1. The bid of Frank Hayball Trucking Company, 34302 Munger, Livonia, Michigan, for the following: 348 Stone, delivered to our yard, @ $2.66 per ton Grade A Backfill, delivered to our yard, @ $1.02 per ton 21A Gravel, delivered to our yard, @ $1.47 per ton 21A Gravel, spread on City streets, @ $1.47 per ton 10513 2. The bid of Holloway Sand & Gravel Co. , Inc. , 10930 W. Six Mile, Northville, Michigan 48167, for the following• 1-1/4" (9A) Stone, spread on City streets, @ 2.51 per ton 4A Stone, spread on City streets, @ 2.51 per ton 22A Gravel, picked up at pit, @ .85¢ per ton 21A Gravel, picked up at pit, @ $1.00 per ton 3. The bid of Hayes Washed Sand and Gravel Co. , 15205 Middle Belt, Livonia, Michigan 48154, for the following: 25A Stone, delivered to our yard, @ $3.39 per ton 1-1/4" (9A) Stone, delivered to our yard, @ $3.39 per ton 31A Stone, delivered to our yard, @ $3.39 per ton Natural Sand, delivered to our yard, @ $1.55 per ton Masonry Sand, delivered to our yard, @ $2.10 per ton 22A Gravel, delivered and spread, @ $1.35 per ton 60-40 Gravel, delivered to our yard @ $2.04 per ton 4. The bid of Mather Supply Company, 46410 Grand River, Novi, Michigan 48050, for the following: 31B Gravel, delivered to our yard, @ $3.00 per ton 5. The bid of Edw. C. Levy Company, 8800 Dix Avenue, Detroit, Michigan 48209, for the following• Blast Furnace Slag Aggregates, delivered: 25A @ 3.95 per ton 31A @ 3.82 per ton 9A @ 3.95 per ton 3A @ 3.82 per ton 29A @ 3.82 per ton 21A @ 3.10 per ton Open Hearth Slag Aggregates, delivered: 22X @ 2.10 per ton 3X @ 2.10 per ton 21X @ 2.10 per ton Blast Furnace Slag Aggregates, spread• 9A @ 3.95 per ton 3A @ 3.82 per ton A roll call vote was taken on the foregoing resolution with the following result AYES• Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. The communication, dated March 10, 1969, from the Water Resources Commission with respect to the temporary new use of Middle Rouge River, was received and filed for the information of the Council. 10514 By Councilman Ventura, seconded by Councilman Nash, it was #566-69 RESOLVED, that having considered a letter dated April 30, 1969 from the Vice President of Greenwood Farms Association with respect to the condition of the park area located in the Greenwood Farms Subdivi- sion, the Council does hereby refer this matter to the Director of Public Works for his report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #567-69 RESOLVED, that having considered a letter dated April 30, 1969 from the Vice President of Greenwood Farms Association, with respect to a lack of development of the park area located in the Greenwood Farms Subdivision, the Council does hereby refer the same to the Parks and Recreation Commission for its report and recommendation on the develop- ment of said Park area; further, the Cour$il does hereby respectfully request that such report and recommendation be forwarded to the Council within 90 days and takes this means to indicate that it is its intention to use the $4,400,000.00 General Obligation Parks and Recreational Facilities Bond Issue to develop this park. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Nash, it was #568-69 RESOLVED, that having considered a communication from the Water & Sewer Board, dated May 1, 1969, approved for submission by the Mayor, which sets forth its resolution #WS 1207 4/69, the Council does hereby accept the unit price bid of Simco Contractors, Inc. 13080 Inkster Road, Detroit, Michigan, 48239, (Alternate "C") for the installation of Ductile Iron Pipe for the water main replacement on Cavell and Cardwell Streets in the N. E. 1/4 of Section 36, City of Livonia, for the estimated cost of $25,520.00 (based upon Engineering Division's estimate of units of work involved), as well as having a polyethylene protective wrap (8 Mils thick) installed over the Ductile Iron Pipe, the additional cost of which is $0.20 per foot ($320.00) increasing the base bid to a total of $25,840.00 plus or minus, and subject to a 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; further, the Director of Public Works is hereby authorized to approve all minor adjustment-sin the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the afore- said bidder and to do all other things necessary or incidental to the full performance of this resolution. 10515 A roll call vote was taken on the foregoing resolution with the following result AYES : Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Kleinert, it was #569-69 RESOLVED, that having considered a communication from the Water and Sewer Board Chairman, dated May 1, 1969 approved for submission by the Mayor, which sets forth its resolution #WS 1208 4/69 with respect to providing additional sanitary sewer facilities for the Chevrolet Spring and Bumper Plant in Section 30, City of Livonia, by the construction of a new sanitary sewer from Plymouth Road southerly to the existing Wayne County Interceptor, which would handle the ultimate needs of the Chevrolet Spring and Bumper Plant and the surrounding areas, the Council does hereby authorize the Engineering Division to prepare plans and specifications for the construction of said additional sanitary sewer facilities and, thereafter, the Director of Public Works together with the Budget Director are hereby requested to do all things necessary to take bids for the construction of the said sanitary sewer facilities, in accordance with the provisions of Ordinance No. 216, as amended, the Financial Ordinance. L A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Milligan, it was #570-69 RESOLVED, that having considered a communication dated May 1, 1969 from the Water and Sewer Board Chairman, approved for submission by the Mayor, which sets forth its resolution #WS 1205 4/69, with regard to water main and sanitary sewer extensions on Bassett Drive in the N. W. 1/4 of Section 31, City of Livonia, Michigan, the estimated cost of which is $33,000.00, the Council does hereby authorize the Engineering Division to prepare plans and specifications with respect to this project and thereafter the Director of Public Works and the Budget Director are hereby requested to do all things necessary to take bids with respect to this work, in accordance with the provisions of Ordinance No. 216, as amended, the Financial Ordinance; further, the Council does hereby request the Board of Wayne County Road Commissioners to approve the use of surplus funds from the 1964 Sewer Bond Issue (#210) for the purpose of financing the Bassett Drive Sanitary Sewer (the estimated cost of which is $19,000.00). A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. 10516 By Councilman McCann, seconded by Councilman Ventura, it was #571-69 RESOLVED, that having considered a communication from the Department of Law, dated April 30, 1969, approved for submission by the Mayor and submitted pursuant to council resolution #320-69, with respect to the cost of appraisals required for the mandatory rights-of-way in connection with the proposed improvement of Newburgh Road - Plymouth Road to Schoolcraft Road, and Five Mile Road to Eight Mile Road - the Council does hereby authorize an expenditure of a sum not to exceed $3800.00 from the proceeds of the $9,800,000.00 General Obligation Street Improve- ment Bond Issue for this purpose, for the purpose of employing one appraiser in connection with the subject proposed improvement of Newburgh Road; and the City Clerk and the 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: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #572-69 RESOLVED, that having considered a communication from the Personnel Director dated April 29, 1969 which sets forth a resolution adopted by the Civil Service Commission on April 22, 1969, wherein it is recommended that the classification of Probation Officer (Part-time) be established with the following salary range• Step 3 Step 4 Step 5 Probation Officer II (Part-time) $3.52 $3.68 $3.84 further, that the following provisions be applicable to this classifica- tion: The hourly rate represents full compensation for all services rendered with no compensation or benefits to be received except that employees who have been continuously employed for at least 480 scheduled hours prior to a recognized legal holiday shall be eligible for holiday pay, and provided further that advancement between steps shall be after completion of 2080 scheduled hours. the Council does hereby determine to concur in and approve of such action, the same to be retroactive to and effective from December 1, 1968. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. hem NAYS: None. 10517 L By Councilman Nash, seconded by Councilman McCann, it was #573-69 RESOLVED, that having considered a communication from the City Engineer and the Asst. City Engineer, dated April 23, 1969, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the need for purchasing soil testing equipment for use by the Engineering Division in connection with road paving projects, the Council does hereby authorize an expenditure of a sum not to exceed $5,333.90 from the proceeds of the $9,800,000.00 General Obligation Street Improvement Bond Issue for this purpose. A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS : None. By Councilman Nash, seconded by Councilman McCann, it was #574-69 RESOLVED, that having considered the report and recommendation of the City Engineer and the Asst. City Engineer, dated April 23, 1969 approved by the Director of Public Works and the Supt. of Parks and Recreation and approved for submission by the Mayor, the Council does hereby authorize Final Payment to be made in the following manner: L a. The amount of $7,428.83 to be paid to the firm of Gordon B. Hall and Sons, Inc., 26691 W. Twelve Mile Road, Southfield, Michigan, as the General Contractor for the construction of the Whispering Willow Club House and Maintenance $wilding, which sum includes $360.53 for additional work performed by the aforesaid company in connection with such project, and b. The sum of $2400.00 to be paid to William P. Lindhout, Architect, for architectural services rendered in connection with the Whispering Willow Club House and Maintenance Building; it being the understanding of the Council that all work under the said contracts has been completed in accordance with City standards and specifications and that the aforesaid General Contractor has filed his declaration that there is no money owing for any labor or material for work performed under the said contract, further, the Council does hereby authorize the expenditure of the additional sum of $360.53 from the $4,400,000.00 General Obligation Parks and Recreational Facilities Bond Issue for this purpose, and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. L A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS. None. 10518 By Councilman Nash, seconded by Councilman Kleinert, it was #575-69 RESOLVED, that having considered a communication from the City Engineer and the Asst. City Engineer, dated April 23, 1969 approved by the Director of Public Works and approved for submission by the Mayor, with regard to the construction of Livonia Drain No. 30, the Council does hereby request the Wayne County Drain Commissioner to take whatever action is necessary to advance funds from the Farmington Road Storm Relief Drain Account to the Livonia Drain No. 30 Account, said funds to be returned at such time as proceeds become available from the sale of bonds for Livonia Drain No. 30. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #576-69 RESOLVED, that with respect to the matter of the allocation of costs and expenses involved in modifying and supplementing the crossing protection devices located at the Chesapeake and Ohio Railway on Stark Road and Newburgh Road in the City of Livonia, Michigan, the Council does hereby authorize the expenditure of a sum not to exceed $21,337 from the General Fund for this purpose in the following manner: 1. Stark Road Crossing Total Cost $19,299.74 Cost to City of 50% $ 9,649.87 2. Newburgh Road Crossing Total Cost $23,374.31 Cost to City of 50% $11,687.15 Total cost of both crossings to City $21,337.02 further, the foregoing amounts are to be paid to. Treasurer, The Chesapeake and Ohio Railway Company, P. 0. Box 161, Baltimore, Maryland 21203 further, the City Clerk and City Treasurer are hereby requested to do all things necessary to fulfill the purpose of this resolution, including remitting the foregoing amount to• Treasurer, The Chesapeake and Ohio Railway Company, P. 0. Box 161, Baltimore, Maryland 21203, together with copies of Invoice Nos. 801-4653-0001 and 801-4653-0002. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, McCann, Nash, Milligan and Kleinert. NAYS: McNamara. The President declared the resolution adopted. 10519 By Councilman Nash, seconded by Councilman Kleinert, it was #577-69 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 74 for the proposed installation of sidewalks on the south side of Eight Mile Road, from Angling to Middlebelt Road, in the North 1/2 of Section 1, City of Livonia, Michigan, as required by the provisions of the City Charter and Ordinance No. 401, as amended, of the City of Livonia, a public hearing thereafter having been held thereon on May 14, 1969 at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of sidewalk improvements to be constructed in Special Assessment District No. 74; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED,THAT: 1. The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated March 6, 1969 in the amount of $10,400.74 are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, 2. Said Special Assessment Roll No. 74 is hereby approved and confirmed in all respects; 3. The amount of said roll shall be divided into five (5) equal annual installments with interest at the rate of six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1969. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1970 and subsequent installments on December 1st of succeeding years; 4. Pursuant to the provisions of Section 3.10 of Ordinance No. 401, as amended, the City Clerk shall endorse the date of confir- mation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 6.03, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 6.03. Any property owner assessed may, within sixty (60) days from December 1, 1969 pay the whole or any part of the assessment without interest or penalty. 10520 5. The first installment shall be spread upon the 1970 City tax roll in the manner required by Section 6.05 of Ordinance No. 401, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1969 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual install- ment shall have been prepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (60) day period as provided by Section 6.04, or after the expiration of the sixty (60) day period as provided by Section 6.07 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments. A roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS : Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman McCann, it was #578-69 RESOLVED, that having considered a communication dated March 13 , 1969 from Charles M. Malcho, Keith Metcalf, Ing'., which, in accordance with provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on March 4, 1969 by the City Planning Commission in its resolution #3-25-69 with regard to Petition No. 69-1-2-1 submitted by Keith Metcalf, Agent for Minnie Pearl's Chicken System, Inc., requesting to build and operate a Minnie Pearl's Chicken System, Inc. , retail outlet as a waiver use on property zoned C-2 and located on Plymouth Road between Middlebelt Road and Haller, in Section 25, and the Council having conducted a public hearing with respect to this matter on May 14, 1969, pursuant to council resolution #345-69, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 469-1-2-1 is hereby denied, such action being based upon the same reasons as are set forth in the aforesaid action of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was #579-69 RESOLVED, that having considered a communication dated March 13, 1969 from Charles M. Malcho, Keith Metcalf, Inc. which, in accordance with provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on March 4, 1969 by the City Planning Commission in its resolution #3-27-69 with 10521 regard to Petition No. 69-1-2-3 submitted by Keith Metcalf, Agent for Minnie Pearl's Chicken System, Inc., requesting to build and operate a Minnie Pearl's Chicken System, Inc. , retail outlet, as a waiver use on property zoned C-2 and located on Middlebelt Road between St. Martins and Bretton Road, in Section 1, and the Council having conducted a public hearing with respect to this matter on May 14, 1969 pursuant to council resolution #346-69, the Council does hereby concur in the recommendation of the City Planning Commission and Petition No. 69-1-2-3 is hereby denied, such action being based upon the same reasons as are set forth in the aforesaid action of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, and unanimously adopted, it was #580-69 RESOLVED, that the Council does hereby determine that its regular meetings for the month of June 1969 shall be conducted on June 11, 18, and 25. On motion of Councilman Raymond, seconded by Councilman Milligan, and unanimously adopted, this 650th regular meeting of the Council of the City of Livonja was duly adjourned at 10:50 P. M. , May 21, 1969. ADDISON W. BACON, i , C erk k