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HomeMy WebLinkAboutCOUNCIL MINUTES 1987-08-10 23538 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 10, 1987, the above meeting was held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8 00 P.M Councilman Bishop delivered the invocation. Roll was called with the following result• Present Robert E. McCann, Joan McCotter, Robert R. Bishop, Gerald Taylor, and Robert D. Bennett, Absent. Fernon P. Feenstra (on vacation) and Ron Ochala * Elected and appointed officials present Robert F Nash, City Clerk, Harry Tatigian, City Attorney, David N. Preston, Finance Director, John Nagy, Planning Director, Raul Galindo, City Engineer, Ray Pomerville, Labor Relations Director, Barney Knorp, Fire Chief and Suzanne Wisler, Director of Community Resources On a motion by Councilman Taylor, seconded by Councilwoman McCotter, Land unanimously adopted, it was #680-87 RESOLVED, that the minutes of the 1 ,108th Regular Meeting of the Council of the City of Livonia, held July 15, 1987 are hereby approved A communication from the Director of Finance, dated July 22, 1987, forwarding various financial statements of the City of Livonia for the month ending June 30, 1987, was received and placed on file for the information of the Council On a motion by Councilman Taylor, seconded by Councilman Bishop, it was #681-87 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated July 6, 1987, approved by the Director of Finance and approved for Imo submission by the Mayor Pro Tem, the Council does hereby accept the bid of Lawn Equipment Services & Sales, 151 N. Perry, Pontiac, Michigan 48053 for supplying the Public Service Division (Golf Course Section) with three (3) Turf Vehicles (8HP) for a net 23539 price of $8,340.00, based on a total price of $10,290.00 less trade-ins of $1 ,950.00, the same having been in fact the lowest bid received and meets all specifications #682-87 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated July 7, 1987, approved by the Director of Finance and approved for submission by the Mayor Pro Tem, the Council does hereby accept the bid of Carhartt, Inc. , P.O. Box 600, Dearborn, Michigan 48121 for supplying employees of the Department of Public Works with Outer Wear Foul Weather Garments at the unit prices bid for the estimated total price of $9,649. 50, the same having been in fact the lowest bid received and meets all specifications. #683-87 RESOLVED, that having considered the report and recommendation of the Director of Finance dated July 2, 1987 and approved for submission by the Mayor Pro Tem, the Council does hereby accept the bid of David H. Josephson/Jack Akey, D/B/A Waukeen, P.0 Box 51145, Livonia, Michigan 48151 for the purchase of Lots 211 , 212 and 213, Sunset Hills Subdivision for a purchase price in the amount of $23,600 00, which sale is conditioned upon the purchaser providing any title work as may be required in connection with this transaction, the same having been in fact the highest bid received, and for this purpose the Council authorizes the Mayor Pro Tem and City Clerk to execute, for and on behalf of the City of Livonia, a warranty deed and such other documents as may be necessary to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper legal form such documents as may be necessary to consummate this transaction #684-87 RESOLVED, that having considered the report and recommendation of the Fire Chief dated July 1 , 1987 which bears the signature of the Director of Finance and is approved for submission by the Mayor Pro Tem, the Council does hereby authorize the transfer of the sum of $3,000 00 from Gas and Oil Account 101-338-751 .000 to Uniform Account 101-338-768 000. #685-87 RESOLVED, that William Roskelly, Basney & Smith, Inc , 15126 Beech Daly, Redford, Michigan 48239, as proprietor, having requested the City Council to approve the proposed preliminary plat of the following subdivision Carrington Estates Subdivision located 1300 feet east of Wayne Road, south of Seven Mile Road in the Northwest 1/4 of Section 9, the said proposed preliminary plat being dated December 19, 1986, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on February 24, 1987, and it further appearing that ift• such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering and Building Department as is set forth in the report of that department dated June 29, 1987, 23540 therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1 ) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16.04 through 16.24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Engineering and Building Department and the Development Plans submitted by the proprietor and approved by such department, all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null , void and of no effect whatsoever,(2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering and Building Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16.24.370 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved Iwo by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts 23541 lbw A. General Improvement Bond $241 ,000 00 of which at least $10,000 00 shall be in cash. B. Sidewalk Bond $22,700.00, of which at least $2,000.00 shall be in cash C. Grading and Soil Erosion $3,600.00 (all cash) Control Bond D. Monuments and Lot Markers $ 690 00 (all cash) and require cash payments in the total amount of $13,581 00 Distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision #686-87 RESOLVED, that having considered a communication from the City Engineer, dated July 2, 1987, approved for submission by the Mayor, to which is attached a list of sidewalks to be installed on Fremont Street from Joy Road to Dover, said list being included herein by reference, and for the reasons stated, the Council does hereby require the respective owners of lots lbw and premises referred to in said list to install sidewalks at such premises, to carry out the provisions of this resolution which is made pursuant to Title 12, Chapter 4, Section 340 of the Livonia Code of Ordinances, as amended FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk installation no later than September 15, 1987, after which date the Engineering and Building Department shall arrange for the construction of said sidewalks, and FURTHER, the Engineering and Building Department is hereby authorized to add this work to the 1987 Sidewalk Program, which program will include all required work which has not been completed by private property owners by September 15, 1987 #687-87 RESOLVED, that having considered the report and recommendation of the City Engineer dated June 22, 1987 which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem with regard to the Livonia Sanitary Landfill Site in compliance with State Act 641 , the Council does hereby determine as follows A. To authorize retaining the services of Canton Analytical Laboratory for the purpose of supplying the City with sampling and analysis services at the City' s landfill site for an additional fifteen 110, (15) month period Samples and tests are to be provided for each of the three (3) existing monitoring wells on a three-month interval , 23542 Ito B. To appropriate the sum of $1 ,410 00 from the Unexpended Fund Balance Account of the Municipal Refuse Fund to cover the cost of the above services, and C. To waive the taking of bids as provided for in paragraph D2 of Section 3.04.140 of the Livonia Code of Ordinances since the subject services may be considered as being professional in nature and since there would be no advantage to the City taking open competitive bids for the proposed work. #688-87 RESOLVED, that having considered the report and recommendation of the Planning Director dated July 8, 1987, approved for submission by the Mayor Pro Tem and to which is attached a Hold Harmless Contract between the City of Livonia and Community Commission on Drug Abuse (CCODA) for the project known as Substance Abuse Prevention and Rehabilitation, for the period August 1 , 1987 through July 31 , 1988, and for a consideration not to exceed $17,000 00, the Council does hereby authorize the Mayor Pro Tem and the City Clerk for and on behalf of the City of Livonia to execute the said contract in the manner and form herein submitted as well as to do all other things necessary or incidental to the full performance of this resolution #689-87 RESOLVED, that having considered the report and recommendation of the Planning Director dated July 8, 1987, approved for submission by the Mayor Pro Tem and to which is attached a Hold Harmless Contract between the City of Livonia and First Step, The Western Wayne County project on Domestic Assault, for a project called Victim Substance, for the period August 1 , 1987 through July 31 , 1988, and for a consideration not to exceed $12,000 00, the Council does hereby authorize the Mayor Pro Tem and the City Clerk for and on behalf of the City of Livonia to execute the said contract in the manner and form herein submitted as well as to do all other things necessary or incidental to the full performance of this resolution #690-87 RESOLVED, that having considered a communication from the City Planning Commission dated June 29, 1987 which transmits its resolution 6-136-87 adopted on June 16, 1987 with regard to Petition 87-3-3-4 submitted by Doris Batten requesting the vacating of a portion of an easement located north of and adjacent to Lot 472 of Supervisors Livonia Plat No 8, west of Oporto in the Southeast 1/4 of Section 2, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 87-3-3-4, as modified, so as to vacate 24 feet in lieu of 25 feet, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution 23543 #691-87 RESOLVED, that having considered a communication from the City Clerk dated July 9, 1987, which indicates that Strick-Style Homes, Inc. , 2891 Olden Oak Lane, Auburn Hills, Michigan 48057, proprietor of Sunset Park Estates Subdivision, situated in the southeast 1/4 of Section 11 , has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval , and the Council having received a communication from the City Planning Commission dated June 29, 1987, wherein said Commission approves the final plat for the said subdivision in its resolution 6-144-87, adopted on June 16, 1987, and the Council having considered a report from the City Engineer dated June 16, 1987 recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 1067-85 adopted on December 2, 1985, said preliminary plat having been recommended for approval by the City Planning Commission on February 2, 1982 in its resolution 2-14-82, NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Sunset Park Estates Subdivision, located in the Southeast 1/4 of Section 11 , City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan lbw of 1967, as amended, and the Ordinances of the City of Livonia, and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. A communication from the City Attorney, dated July 14, 1987, re Insurance Coverage of Dual Liquor License, Bobby' s Country House, Council Resolution 978-86 was received and placed on file for the information of the Council . #692-87 RESOLVED, that having considered a letter from Richard A. Barr, attorney at law, dated July 7, 1987 submitted in behalf of his clients Jerry Knoppow and Sharon Knoppow wherein an interest is indicated in the purchase of certain City-owned property located at the rear of Knoppows' store located at 33919 Plymouth Road, Livonia, Michigan 48150, the Council does hereby refer this item to the Department of Law for its report and recommendation. #693-87 RESOLVED, that having considered a letter from the Livonia Sesquicentennial Committee dated July 13, 1987, approved by the Finance Director and approved for submission by the Mayor Pro Tem, the Council does for and on behalf of the City of Livonia accept the gift of 100 gallons of paint and the services of 100 volunteers for a Paint Up/Fix Up Day at Greenmead, which paint is being donated by the Detroit Painting and Coating Association 23544 imo #694-87 RESOLVED, that having considered a letter from Mr. and Mrs. Loftus, 18634 Doris, Livonia, Michigan 48152 dated July 13, 1987 with regard to denial of a claim by Municipal Claim Service, Inc for a loss which occurred March 3, 1987 due to water damage as a result of a City water meter being replaced the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation. #695-87 RESOLVED, that having considered a communication from the Historical Commission dated July 20, 1987, approved by the Finance Director and approved for submission by the Mayor Pro Tem and to which is attached a request from Newburg United Methodist Church dated July 14, 1987 wherein a request is submitted for the church to hold its annual picnic and vesper service at Greenmead on Sunday, August 9, 1987 from 12.30 p.m. to 5 00 p.m. and that the prescribed fee for the use of the church be waived, the Council does hereby grant and approve this request in the manner and form herein submitted. #696-87 RESOLVED, that having considered a communication from the Department of Law dated July 17, 1987, approved by the Finance Director and approved for submission by the Mayor Pro Tem, the Council does hereby authorize the transfer of the sum of $2,100.00 from Court Expense Account 101-222-826.000 to the following accounts in the following amounts: 101-222-958 000 (Dues & Subscriptions) $200.00 101-222-978 000 (Capital Outlay - Books) 500 00 101-222-861-010 (Auto Expense - Employees) 900 00 101-222-864.010 (Travel & Education-Emp) 500 00 #697-87 WHEREAS, pursuant to the direction of the City Council in its resolution 1173-86, adopted on December 8, 1986, and in accordance with Section 3 08 100 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 July 15, 1987 an assessment roll dated July 15, 1987 for the proposed improvement consisting of placing approximately 4 inches of asphalt over the existing roadway (20 to 22 feet wide) (Alternate IV) on Curtis Avenue, west of Merriman in the east 1/2 of Section 10 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 1173-86, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted ift. 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 notice as required by the provisions of Section 3.08.110 of the Livonia Code of 23545 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 , 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, August 26, 1987, 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 Wednesday, August 26, 1987, at 8.00 P.M. , 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. #698-87 WHEREAS, pursuant to the direction of the City Council in its resolution 1177-86, adopted on December 8, 1986, and in accordance with Section 3 08 100 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 July 28, 1987 an assessment roll dated July 28, 1987 for the street improvement consisting of 37 foot wide, 8" thick concrete pavement with integral curbs and gutters and storm drainage (Alternate I ) on Gill Road, Seven Mile Road to Northland, in the South 1/2 of Section 4, 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 1177-86, 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 notice as required by the provisions of Section 3.08 110 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 , 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, August 26, 1987, 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 23546 said City, at least ten (10) days prior to the aforesaid date of Wednesday, August 26, 1987, at 8 00 P.M. , 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. #699-87 WHEREAS, pursuant to the direction of the City Council in its resolution 121-87, adopted on February 11 , 1987, and in accordance with Section 3.08 100 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 July 23, 1987 an assessment roll dated July 23, 1987 for the street improvement consisting of placing approximately 4" of asphalt over existing roadway (Alternate IV) on Laurel (Plymouth to south of Pinetree) and Pinetree (Wayne to Stark) in the west 1/2 of Section 33, 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 121-87, 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 notice as required by the provisions of Section 3 08.110 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 , 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, August 26, 1987, 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 Wednesday, August 26, 1987, at 8 00 P M , 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 #700-87 WHEREAS, pursuant to the direction of the City Council in its resolution 87-87, adopted on January 28, 1987, and in accordance with Section 3 08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia 23547 has prepared, reported and certified to the Council under date of July 23, 1987 an assessment roll dated July 23, 1987 for the street improvement consisting of placing approximately 4" of asphalt over existing roadway (Alternate IV) on Loveland (Seven Mile to Curtis), Woodring (Seven Mile to Clarita) and Clarita (Shadyside to Loveland) in the Northwest 1/4 of Section 10, 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 87-87, 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 notice as required by the provisions of Section 3 08.110 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 , 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, August 26, 1987, 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 Wednesday, August 26, 1987, at 8.00 P.M , 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. #701-87 WHEREAS, pursuant to the direction of the City Council in its resolution 127-87, adopted on February 11 , 1987, and in accordance with Section 3 08 100 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 July 23, 1987 an assessment roll dated July 23, 1987 for the street improvement consisting of placing approximately 4" of asphalt over existing roadway (Alternate IV) on Osmus, Parker and Norfolk in the Northeast 1/4 of Section 3, 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 127-87, 23548 lamTHEREFORE, 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 notice as required by the provisions of Section 3.08.110 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 , 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, August 26, 1987, 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 Wednesday, August 26, 1987, at 8 00 P.M , 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. #702-87 WHEREAS, pursuant to the direction of the City Council in its resolution 227-87, adopted on March 11 , 1987, and in accordance with Section 3.08 100 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 July 16, 1987 an assessment roll dated July 16, 1987 for the street light improvement consisting of installation of 100-watt high pressure sodium lights on colonial post tops with underground wiring in the Coventry Gardens Estates Subdivision in the Southwest 1/4 of Section 16, 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 227-87, 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 notice as required by the provisions of Section 3 08 110 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 , 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, September 9, 1987, 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, 23549 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 Wednesday, September 9, 1987, at 8:00 P.M. , 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. 1703-87 WHEREAS, pursuant to the direction of the City Council in its resolution 525-87, adopted on June 3, 1987, and in accordance with Section 3.08.100 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 July 15, 1987 an assessment roll dated July 15, 1987 for the street light improvement consisting of installation of two 175 watt mercury vapor lights on existing wood poles on Laurel Avenue in the Southwest 1/4 of Section 17, 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 525-87; 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 notice as required by the provisions of Section 3 08.110 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 , 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, September 9, 1987, 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 Wednesday, September 9, 1987, at 8 00 P.M , 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 23550 Iwo 1704-87 WHEREAS, pursuant to the direction of the City Council in its resolution 526-87, adopted on June 3, 1987, and in accordance with Section 3.08.100 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 July 15, 1987 an assessment roll dated July 15, 1987 for the street light improvement consisting of installation of 100-watt high pressure sodium lights on colonial post tops with underground wiring on St. Francis, Bridge to Pembroke, in the Southeast 1/4 of Section 1 , 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 526-87, 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 notice as required by the provisions of Section 3.08 110 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 , 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, September 9, 1987, 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 Wednesday, September 9, 1987, at 8 00 P M , 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 #705-87 WHEREAS, pursuant to the direction of the City Council in its resolution 528-87, adopted on June 3, 1987, and in accordance with Section 3 08.100 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 July 15, 1987 an assessment roll dated July 15, 1987 for the street light improvement consisting of installation of 100-watt high pressure sodium lights on colonial post tops with underground wiring in the Summer Creek Subdivision in the Northwest 1/4 of Section 4, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction 23551 low and operation of the proposed improvement in said district as designated in Council Resolution 528-87, 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 notice as required by the provisions of Section 3.08 110 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 , 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, September 9, 1987, 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 Wednesday, September 9, 1987, at 8 00 P.M. , 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 #706-87 WHEREAS, pursuant to the direction of the City Council in its resolution 529-87, adopted on June 3, 1987, and in accordance with Section 3.08 100 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 July 15, 1987 an assessment roll dated July 15, 1987 for the street light improvement consisting of installation of 100-watt high pressure sodium lights on davitt poles with underground wiring in the Windridge Village Subdivision No. 5 in the west 1/2 of Section 4, 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 529-87 , 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 notice as required by the provisions of Section 3.08 110 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 , 33000 Civic Center Drive, Livonia , 23552 Michigan, on Wednesday, September 9, 1987, 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 Wednesday, September 9, 1987, at 8.00 P.M. ; 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. 1707-87 WHEREAS, pursuant to the direction of the City Council in its resolution 530-87, adopted on June 3, 1987, and in accordance with Section 3.08.100 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 July 15, 1987 an assessment roll dated July 15, 1987 for the street light improvement consisting of installation of 100-watt high pressure sodium lights on davitt poles with underground wiring in the Windridge Village Subdivision No. 6 in the Northwest 1/4 of Section 4, 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 530-87 , 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 notice as required by the provisions of Section 3.08.110 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 , 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, September 9, 1987, 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 im. of Wednesday, September 9, 1987, at 8 00 P.M. , 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 23553 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. #708-87 RESOLVED, that the Council having considered a communication from the City Engineer dated July 23, 1987, approved by the Director of Public Works and approved for submission by the Mayor Pro Tem, submitted pursuant to the requirements set forth in Section 16.24 310 of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to S. I.J.L Industrial Park Subdivision located in the Northeast 1/4 of Section 27, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of July 23, 1987, and that there has been a full compliance with all of the provisions of Section 3.08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, September 9, 1987, at 8 .00 P.M as the date and time for a public hearing on the Necessity for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3.08.070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code. #709-87 RESOLVED, that the Council having considered a communication from the City Engineer dated July 23, 1987, approved by the Director of Public Works and approved for submission by the Mayor Pro Tem, submitted pursuant to the requirements set forth in Section 16.24.310 of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer 1.. having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Canterbury Estates and Westmore Subdivision located in the Southwest 1/4 of Section 23554 L 11 , T.1S. , R.9E. , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of July 23, 1987, and that there has been a full compliance with all of the provisions of Section 3.08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, September 9, 1987, at 8.00 P.M. as the date and time for a public hearing on the Necessity for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3.08.070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08.070 of said Code. #710-87 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5 2934, MCLA 125. 584), as well as Article XXIII of Ordinance 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 Wednesday, September 9, 1987 at 8 00 P.M. , the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items. (1 ) Petition 87-3-1-14 submitted by the City Planning Commission for a change of zoning of property located on the east side of Antago between Grand River and Long Avenue in the Northeast 1/4 of Section 1 , from RUF to P, the City Planning Commission in its resolution 7-160-87 having recommended to the City Council that Petition 87-3-1-14 be approved, (2) Petition 87-4-6-2 submitted by the City Planning Commission to amend Section 2.10, Definitions of Miscellaneous Terms, to define new restaurant uses, and Sections 10.03 and 11 .03 of Zoning Ordinance 543 to set new standards for newly defined restaurants Lwithin C-1 and C-2 Districts, the City Planning Commission in its resolution 7-170-87 having recommended to the City Council that Petition 87-4-6-2 be approved, 23555 (3) Petition 87-5-1-23 submitted by Mayflower Development, Inc. , for a change of zoning of property located on the northeast corner of Clarita and Melvin in the Northeast 1/4 of Section 11 , from P.S and R-5 to R-7, the City Planning Commission in its resolution 7-161-87 having recommended to the City Council that Petition 87-5-1-23 be denied, (4) Petition 87-6-1-25 submitted by Herrell F Sutton, for a change of zoning of property located east of Edington Road between Angeline Avenue and Plymouth Road in the Northeast 1/4 of Section 33, from RUF to R-1A, the City Planning Commission in its resolution 7-162-87 having recommended to the City Council that Petition 87-6-1-25 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning- as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Bishop, Taylor, Bennett, McCotter, McCann. NAYS None. *Councilman Ochala arrived at the meeting at 8 03 P M. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was 1711-87 RESOLVED, that having considered the report and recommendation of the Commitee of the Whole dated July 22, 1987 and submitted pursuant to Council Resolution 605-87 in connection with a communication from the City Planning Commission dated June 8, 1987 which transmits its resolution 6-121-87 adopted on June 2, 1987 with regard to Petition 87-5-8-15 submitted 1m. by First Federal of Michigan requesting site plan approval in connection with a proposal to construct a one-story addition to an existing bank building located on the south side of Six Mile Road between Newburgh and Fitzgerald in Section 17, pursuant to the provisions set forth in Section 18 47 of Ordinance 543, 23556 as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 87-5-8-15 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning commission as well as based upon submission of a revised landscape plan dated August 6, 1987. On a motion by Councilman Taylor, seconded by Councilman Bennett, and unaniously adopted, it was 1712-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated July 22, 1987 and submitted pursuant to a communication from the City Planning Commission, dated May 22, 1986, which sets forth its resolution 5-115-86 adopted on May 13, 1986 with regard to Petition 86-4-1-13, submitted by Jose Evangelista, M.D. , for a change of zoning on property located on the South side of Plymouth Road, west of Newburgh Road in the Southeast 1/4 of Section 30 from RUF to R-7, and the Council having conducted a public hearing with regard to this matter on July 21 , 1986, pursuant to Council Resolution 596-86, the Council does hereby determine to take no further action with respect to this item based upon the withdrawal of this petition by the petitioner. On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was RESOLVED, that having considered the report and recommendation of the Committee o' the Whole dated July 22, 1987 submitted pursuant to Council Resolution 384-87 in connection with the report and recommendation of the Finance and Insurance Committee dated April 20, 1987 relative to a proposal for a five year lease/buy capital expenditure plan, including financial obligations, for the Fire Department, the Council does here concur with the recommendation of the Finance Director and authorize the purchase of $1 , 389,545 of fire equipment on the basis of a six year lease/buy plan at an interest rate of 7 2% which funding shall be provided by General Funding Corporation, 3660 Penobscot Building, Detroit, MI 48226. The vote on the aforesaid resolution was delayed pending action on the next item. On a motion by Councilwoman McCotter, seconded by Councilman Taylor, and unanimously adopted, it was ift. #713-87 RESOLVED, that having considered the report and recommendation of the Fire Chief dated July 21 , 1987 which bears the signature of the Director of Finance and is approved for submission by the Mayor Pro Tem, the Council does hereby accept the following low bids which meet specifications 23557 1 . The bid of Halt Fire, Inc. (Pierce), Box 248, Northville, MI 48167 for the purchase of four (4) Triple Combination LPumper Engines for the price of $164,987.50 per vehicle and a total cost of $659,950.00, 2. The bid of Halt Fire, Inc. (Pierce) , Box 248, Northville, MI 48167 for one (1 ) Triple Combination Fire Pumper with 50' Aerial Device for the price of $225,403.00, 3. The bid of Halt Fire, Inc (Pierce) , Box 248, Northville, MI 48167 for one Heavy Duty Rescue for the price of $189,653.00, and 4. The bid of Life-Star, Inc. (Road Rescue, Inc. ), P.O. Box 248, Northville, MI 48167 for five (5) E.M.S. Ambulances for a total price in the amount of $298,885 00. A roll call vote was taken on the original financing resolution with this result #714-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated July 22, 1987 submitted pursuant to Council Resolution 384-87 in connection with the report and recommendation of the Finance and Insurance Committee dated April 20, 1987 relative to a proposal for a five year lease/buy capital expenditure plan, including financial obligations, for the Fire Department, the Council does hereby concur with the recommendation of the Finance Director and authorize the purchase of $ 1 ,389,545 of fire equipment on the basis of a six year lease/buy plan at an interest rate of 7.2% which funding shall be provided by General Funding Corporation, 3660 Penobscot Building, Detroit, MI 48226. AYES: Bishop, Taylor, Bennett, Ochala, McCotter, McCann. NAYS: None. On a motion by Councilman Bishop, seconded by Councilwoman McCotter, and unanimously adopted, it was #715-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 22, 1987, in connection with the report and recommendation of the Fire Chief dated July 7, 1987 which bears the signature of the Director of Finance and is approved for submission by the Mayor Pro Tem, the Council does hereby authorize the purchase of five (5) EMT-D Defibrillator Machines from Physio Control , 250 East Wilson Bridge Road, Worthington, Ohio 43085 for the price of $27,600 00 the same to be appropriated and expended from the 1968 Fire Department Bond Issue, further, the Council does hereby authorize the said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.5. of the Livonia Code of Ordinances, as amended. 23558 On a motion by Councilman Bishop, seconded by Councilman Taylor, it was #716-87 RESOLVED, that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council , and pursuant to the provisions of Section 21 of 1909 PA 279, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 6 of Chapter IV and by adding a new Section 6.1 to Chapter V, which sections shall read as follows. Chapter IV, Section 6. President. At the first regular meeting of the Council following each regular City election, the Council shall elect one of its members as President to hold office until the next regular City election and until his successor has been duly elected. The President shall perform the duties of the Mayor when, on account of absence from the City, disability or otherwise, the Mayor is temporarily unable to perform the duties of his office Whenever the President shall act as Mayor Pro Tem in excess of thirty (30) days, he shall receive such additional compensation as may be allowed by the Council . The Mayor shall not receive any compensation for any continuous period of absence or disability on his part in excess of ninety (90) days The President shall preside over the meetings of the Council and shall be entitled to vote. In the event of a vacancy occurring in the office of President, the Council shall elect one of its members to fill such vacancy Chapter V, Section 6.1 Mayor - Vacancy. Whenever a vacancy occurs in the office of Mayor, the President of the Council shall serve as Mayor until such time as a new Mayor is elected, provided, that should the next ensuing election following the vacancy be a regular City election for the office of Mayor, the President of the Council shall serve the remainder of the unexpired term and the vacancy thus created on the Council shall be filled as provided elsewhere in this Charter Whenever such vacancy in the office of Mayor shall occur not less than sixty (60) days prior to either the next regularly scheduled State primary election or City primary election for City offices other than Mayor, the President of the Council shall serve until the vacancy is filled by election and the Council shall order a special election to be held concurrently with either the next regular State election or the City election The person elected at said special election shall hold the office of Mayor for the remainder of the unexpired term A special primary election for the nomination of candidates for such vacancy ibr shall be held concurrently with the regular City primary election prior to such election The election and the primary election shall be in such a manner as is provided by this Charter and State law 23559 When as a result of a vacancy in the office of Mayor, the Council President assumes the office of Mayor, he shall be vested with all of the powers and duties of Mayor, including the right of veto, and shall be entitled to be compensated at the same rate as provided for the Mayor. RESOLVED, further, that the provisions of the existing section of the Charter of the City of Livonia which is altered, abrogated or affected by this proposal , if adopted, now reads as follows. Chapter IV, Section 6. President. At the first regular meeting of the Council following each regular City Election, the Council shall elect one of its members as President to hold office until the next regular City election and until his successor has been duly elected. The President shall perform the duties of the Mayor when, on account of absence from the City, disability or otherwise, the Mayor is temporarily unable to perform the duties of his office, and in case of vacancy in the office of Mayor, until such vacancy is filled by election Whenever the President shall act as Mayor Pro Tem in excess of thirty (30) days, he shall receive such additional compensation as may be allowed by the Council . The Mayor shall not receive any compensation for any continuous period of absence or disability on his part in excess of ninety (90) days. The President shall preside over the meetings of the Council and shall be entitled to vote. In the event of a vacancy occurring in the office of President, the Council shall elect one of its members to fill such vacancy. RESOLVED, FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows City Charter amendment which provides that whenever a vacancy occurs in the office of Mayor, the President of the City Council shall serve as Mayor for the remainder of the unexpired term unless such vacancy occurs not less than sixty (60) days prior to either the next regularly scheduled State primary election or City primary election for offices other than for Mayor, in which event the vacancy shall be filled by a special election to be held concurrently with either the State or City election, and the person elected shall serve as Mayor for the remainder of the unexpired term. RESOLVED, FURTHER, that the City Clerk shall forthwith transmit ift• a copy of the proposed amendment to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing statement of purpose of such proposed amendment to the Attorney General of the State of Michigan for his approval as provided by law. � T 23560 RESOLVED, FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at the regular City election to be held on Tuesday, November 3, 1987, and the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law. RESOLVED, FURTHER, that the proposed amendment shall be submitted to the electors in the following form, to wit ARE YOU IN FAVOR OF AMENDING THE CITY CHARTER SO AS TO PROVIDE THAT WHENEVER A VACANCY OCCURS IN THE OFFICE OF MAYOR, THE PRESIDENT OF THE CITY COUNCIL SHALL SERVE AS MAYOR FOR THE REMAINDER OF THE UNEXPIRED TERM UNLESS SUCH VACANCY OCCURS NOT LESS THAN SIXTY (60) DAYS PP. OR TO EITHER THE NEXT REGULARLY SCHEDULED STATE PRIMARY ELECTION OR CITY PRIMARY ELECTION FOR OFFICES OTHER THAN FOR MAYOR, IN WHICH EVENT THE VACANCY SHALL BE FILLED BY A SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH EITHER THE STATE OR CITY ELECTION, AND THE PERSON ELECTED AT THE SPECIAL ELECTION SHALL SERVE AS MAYOR FOR THE REMAINDER OF THE UNEXPIRED TERM? YES NO RESOLVED, FURTHER, that the proposed amendment shall be published in full , together with the existing Charter provision altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten days prior to said regular City election to be held on Tuesday, November 3, 1987 RESOLVED, FURTHER, that the City Clerk be and is hereby ordered and directed to post within the machine booths and in the polling places in which said election is conducted a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law On a substitute motion by Councilman Bennett, seconded by Councilman Ochala, it was 23561 RESOLVED, that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council , and pursuant to the provisions of Section 21 of 1909 PA 279, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 6 of Chapter IV and by adding a new Section 6.1 to Chapter V, which sections shall read as follows. Chapter IV, Section 6. President. At the first regular meeting of the Council following each regular City election, the Council shall elect one of its members as President to hold office until the next regular City election and until his success has been duly elected. The President shall perform the duties of the Mayor when, on account of absence from the City, disability or otherwise, the Mayor is temporarily unable to perform the duties of his office. Whenever the President shall act as Mayor Pro Tem in excess of thirty (30) dayds, he shall receive such additional compensation as may be allowed by the Council . The Mayor shall not receive any compensation for any continuous period of absence or disability on his part in excess of ninety (90) days. The President shall preside over the meetings of the Council and shall be entitled to vote In the event of a vacancy occurring in the office of President, the Council shall elect one of its members to fill such vacancy. Chapter Y, Section 6.1 Mayor - Succession to office. If a vacancy occurs in the office of Mayor, the City Council President shall succeed to the office until a new Mayor is elected If the vacancy occurs more than one (1 ) year before the next regular City general election, the City Council shall order a special primary election and a special general election to be held as soon as practicable to fill the vacancy for the unexpired term. RESOLVED, further, that the provisions of the existing section of the Charter of the City of Livonia which is altered, abrogated or affected by this proposal , if adopted, now reads as follows Chapter IV, Section 6. President. At the first regular meeting of the Council following each regular City Election, the Council shall elect one of its members as President to hold office until the next regular City election and until his successor has been duly elected. The President shall perform the duties of the Mayor when, on account of absence from the City, disability or otherwise, the L Mayor is temporarily unable to perform the duties of his office, and in case of vacancy in the office of Mayor, until such vacancy is filled by election. Whenever the 23562 President shall act as Mayor Pro Tem in excess of thirty (30) days, he shall receive such additional compensation as may be allowed by the Council . The Mayor shall not receive any compensation for any continuous period of absence or disability on his part in excess of ninety (90) days. The President shall preside over the meetings of the Council and shall be entitled to vote. In the event of a vacancy occurring in the office of the President, the Council shall elect one of its members to fill such vacancy RESOLVED, FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows Charter amendment which provides that whenever a vacancy occurs in the office of Mayor, the President of the Council shall succeed to office until a new Mayor is elected, and which provides that if the vacancy occurs more than one (1 ) years before the next regular City election, a special primary election and a special general election shall be held as soon as practicable to fill the vacancy for the unexpired term. RESOLVED, FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing statement of purpose of such proposed amendment to the Attorney General of the State of Michigan for his approval as provided by law. RESOLVED, FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at the regular City election to be held on Tuesday, November 3, 1987, and the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law RESOLVED, FURTHER, that the proposed amendment shall be submitted to the electors in the following form, to wit. ARE YOU IN FAVOR OF AMENDING THE CHARTER SO AS TO PROVIDE THAT WHENEVER A VACANCY OCCURS IN THE OFFICE OF MAYOR, THE PRESIDENT OF THE COUNCIL SHALL SUCCEED TO OFFICE UNTIL A NEW MAYOR IS ELECTED AND WHICH PROVIDES THAT IF THE VACANCY OCCURS MORE THAN ONE YEAR BEFORE THE NEXT REGULAR CITY ELECTION, A SPECIAL PRIMARY ELECTION AND A SPECIAL GENERAL ELECTION SHALL BE HELD AS SOON AS PRACTICABLE TO FILL THE VACANCY FOR THE UNEXPIRED TERM? 23563 YES NO RESOLVED, FURTHER, that the proposed amendment shall be published in full , together with the existing Charter provision altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten days prior to said regular City election to be held on Tuesday, November 3, 1987. RESOLVED, FURTHER, that the City Clerk be and is hereby ordered and directed to post within the machine booths and in the polling places in which said election is conducted a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law A roll call vote was taken on the substitute motion with the following result: AYES: Bennett, Ochala. NAYS Bishop, Taylor, McCotter, McCann. The President declared the substitute resolution denied On a substitute motion by Councilman Bennett, seconded by Councilman Ochala, it was RESOLVED, that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council , and pursuant to the provisions of Section 21 of 1909 PA 279, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 6 of Chapter IV and by adding a new Section 6 1 to Chapter V, which sections shall read as follows Chapter IV, Section 6. President. At the first regular meeting of the Council following each regular City election, the Council shall elect one of its members as President to hold office until the next regular City election and until his successor has been duly elected The President shall perform the duties of the Mayor when, on account of absence from the City, disability or otherwise, the LMayor is temporarily unable to perform the duties of his office. Whenever the President shall act as Mayor Pro Tem in excess of thirty (30) dayds, he shall receive such additional compensation as may be allowed by the Council . 23564 iwoThe Mayor shall not receive any compensation for any continuous period of absence or disability on his part in excess of ninety (90) days The President shall preside over the meetings of the Council and shall be entitled to vote In the event of a vacancy occurring in the office of President, the Council shall elect one of its members to fill such vacancy. Chapter V, Section 6.1 Mayor - Vacancy. Whenever a vacancy occurs in the office of Mayor, the President of the Council shall serve as Mayor until such time as a new Mayor is elected, provided, that should the next ensuing election following the vacancy be a regular City election in the office of Mayor, the President of the Council shall serve the remainder of the unexpired term and the vacancy thus created on the Council shall be filled as provided elsewhere in this Charter. Whenever such vacancy in the office of Mayor shall occur not less than sixty (60) days prior to either the next regularly scheduled State primary election or City primary election for City offices other than Mayor, the President of the Council shall serve until the vacancy is filled by election and the Council shall order a special election Imo to be held concurrently with either the next regular State election or the City election The person elected at said special election shall hold the office of Mayor for the remainder of the unexpired term. A special primary election for the nomination of candidates for such vacancy shall be held concurrently with the regular City primary election prior to such election The election and the primary election shall be in such a manner as is provided by this Charter and State law Notwithstanding other provisions in this Charter, in the event a vacancy in the office of Mayor will exist for more than 9 month or the President of the Council declines to assume the office of Mayor, the Council may call a special election to fill such vacancy and provide for a special primary election for the nomination of candidates. The election and primary election shall be in such a manner as is provided by this Charter and State Law When as a result of a vacancy in the office of Mayor, the Council President assumes the office of Mayor, he shall be vested with all of the powers and duties of Mayor, he shall be vested with all of the powers and duties of Mayor, including the right of veto, and shall be entitled to be compensated at the same rate as provided for the Mayor 23565 RESOLVED, further, that the provisions of the existing section of the Charter of the City of Livonia which is altered, abrogated or affected by this proposal , if adopted, now reads as follows. Chapter IV, Section 6. President. At the first regular meeting of the Council following each regular City Election, the Council shall elect one of its members as President to hold office until the next regular City election and until his successor has been duly elected. The President shall perform the duties of the Mayor when, on account of absence from the City, disability or otherwise, the Mayor is temporarily unable to perform the duties of his office, and in case of vacancy in the office of Mayor, until such vacancy is filled by election. Whenever the President shall act as Mayor Pro Tem in excess of thirty (30) days, he shall receive such additional compensation as may be allowed by the Council The Mayor shall not receive any compensation for any continuous period of absence of disability on his part in excess of ninety (90) days. The President shall preside over the meetings of the Council and shall be entitled to vote. In the event of a vacancy occurring in the office of the President, the Council shall elect one of its members to fill such vacancy. RESOLVED, FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows Charter amendment which provides that whenever a vacancy occurs in the office of Mayor, the President of the Council shall serve the remainder of the unexpired term unless such vacancy occurs not less than sixty (60) days prior to either the next State primary election or City primary election for offices other than Mayor, in which event the vacancy shall be filled by a special election held concurrently with such election, and which provides that a special election may be called whenever the vacancy exists for more than 9 months or the President declines to assume the office of Mayor. RESOLVED, FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing statement of purpose of such proposed amendment to the Attorney General of the State of Michigan for his approval as provided by law RESOLVED, FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified 'hew electors of the City at the regular City election to be held on Tuesday, November 3, 1987, and the City Clerk is hereby directed to give notice of election and notice of registration 23566 imp therefor in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law. RESOLVED, FURTHER, that the proposed amendment shall be submitted to the electors in the following form, to wit. ARE YOU IN FAVOR OF AMENDING THE CHARTER SO AS TO PROVIDE THAT WHENEVER A VACANCY OCCURS IN THE OFFICE OF MAYOR, THE PRESIDENT OF THE COUNCIL SHALL SERVE THE REMAINDER OF THE UNEXPIRED TERM UNLESS SUCH VACANCY OCCURS NOT LESS THAN SIXTY (60) DAYS PRIOR TO EITHER THE NEXT STATE PRIMARY ELECTION OR CITY PRIMARY ELECTION FOR OFFICERS OTHER THAN MAYOR, IN WHICH EVENT THE VACANCY SHALL BE FILLED BY A SPECIAL ELECTION HELD CONCURRENTLY WITH SUCH ELECTION. AND WHICH PROVIDES THAT A SPECIAL ELECTION MAY BE CALLED WHENEVER THE VACANCY EXISTS FOR MORE THAN 9 MONTHS OR THE PRESIDENT DECLINES TO ASSUME THE OFFICE OF MAYOR? YES NO RESOLVED, FURTHER, that the proposed amendment shall be published in full , together with the existing Charter provision altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten days prior to said regular City election to be held on Tuesday, November 3, 1987. RESOLVED, FURTHER, that the City Clerk be and is hereby ordered and directed to post within the machine booths and in the polling places in which said election is conducted a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law. A roll call vote was taken on the substitute motion with the following result AYES. Bennett, Ochala. NAYS. Bishop, Taylor, McCotter, McCann The President declared the substitute resolution denied LA roll call vote was taken on the original resolution with the following result: AYES. Bishop, Taylor, Bennett, Ochala, McCotter, McCann. 23567 NAYS None. On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #717-87 RESOLVED, that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council , and pursuant to the provisions of Section 21 of 1909 PA 279, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 6 of Chapter IV and by adding a new Section 7.1 to Chapter V, which sections shall read as follows Chapter V, Section 7.1 . City Clerk - Vacancy. Whenever a vacancy occurs in the office of City Clerk, the Council within thirty (30) days after the vacancy occurs shall appoint, by an affirmative vote of four (4) of its members, a qualified person who meets the requirements of Chapter V, Section 3 of this Charter as of the date of appointment, to serve until a successor is duly elected and qualified. 1. In the event the Council fails to fill a vacancy in the manner hereinbefore provided within such thirty (30) day period, the Mayor shall make such appointment forthwith RESOLVED, FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows City Charter amendment which would provide that whenever a vacancy occurs in the office of City Clerk, the City Council shall appoint a person to fill the vacancy for the remainder of the unexpired term, and in the event the Council fails to fill a vacancy within thirty (30) days after the vacancy occurs, the Mayor shall make such appointment forthwith RESOLVED, FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing statement of purpose of such proposed amendment to the Attorney General of the State of Michigan for his approval as provided by law RESOLVED, FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at the regular City election to be held on Tuesday, November 3, 1987, and the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner prescribed by law and to do all things 23568 and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law RESOLVED, FURTHER, that the proposed amendment shall be submitted to the electors in the following form, to wit ARE YOU IN FAVOR OF AMENDING THE CITY CHARTER SO AS TO PROVIDE THAT IN THE EVENT A VACANCY OCCURS IN THE OFFICE OF THE CITY CLERK, THE CITY COUNCIL SHALL APPOINT A PERSON TO FILL THE VACANCY FOR THE REMAINDER OF THE UNEXPIRED TERM: AND IN THE EVENT THE COUNCIL FAILS TO FILL A VACANCY WITHIN THIRTY (30) DAYS AFTER THE VACANCY OCCURS, THE MAYOR SHALL MAKE SUCH APPOINTMENT FORTHWITH? YES NO RESOLVED, FURTHER, that the proposed amendment shall be published in full , together with the existing Charter provision altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten days prior to said regular City election to be held on Tuesday, November 3, 1987. RESOLVED, FURTHER, that the City Clerk be and is hereby ordered and directed to post within the machine booths and in the polling places in which said election is conducted a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #718-87 RESOLVED, that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council , and pursuant to the provisions of Section 21 of 1909 PA 279, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 6 of Chapter IV and by adding a new Section 8.1 to Chapter V, which section shall read as follows Chapter V, Section 8.1 . Treasurer - Vacancy. Whenever la. a vacancy occurs in the office of Treasurer, the Council within thirty (30) days after the vacancy occurs shall appoint, by an affirmative vote of four (4) of its members, 23569 a qualified person who meets the requirements of Chapter V, Section 3 of this Charter as of the date of appointment, to serve until a successor is duly elected and qualified. In the event the Council fails to fill a vacancy in the manner hereinbefore provided within such thirty (30) day period, the Mayor shall make such appointment forthwith RESOLVED, FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows: City Charter amendment which would provide that whenever a vacancy occurs in the office of City Treasurer, the City Council shall appoint a person to fill the vacancy for the remainder of the unexpired term, and in the event the Council fails to fill a vacancy within thirty (30) days after the vacancy occurs, the Mayor shall make such appointment forthwith. RESOLVED, FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing statement of purpose of such proposed amendment to the Attorney General of the State of Michigan for his approval as provided by law. RESOLVED, FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at the regular City election to be held on Tuesday, November 3, 1987, and the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law RESOLVED, FURTHER, that the proposed amendment shall be submitted to the electors in the following form, to wit ARE YOU IN FAVOR OF AMENDING THE CITY CHARTER SO AS TO PROVIDE THAT WHENEVER A VACANCY OCCURS IN THE OFFICE OF CITY TREASURER, THE CITY COUNCIL SHALL APPOINT A PERSON TO FILL THE VACANCY FOR THE REMAINDER OF THE UNEXPIRED TERM: AND IN THE EVENT THE COUNCIL FAILS TO FILL A VACANCY WITHIN THIRTY (30) DAYS AFTER THE VACANCY OCCURS, THE MAYOR SHALL MAKE SUCH APPOINTMENT FORTHWITH? YES NO 23570 RESOLVED, FURTHER, that the proposed amendment shall be published in full , together with the existing Charter provision altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten days prior to said regular City election to be held on Tuesday, November 3, 1987. RESOLVED, FURTHER, that the City Clerk be and is hereby ordered and directed to post within the machine booths and in the polling places in which said election is conducted a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law Councilman Ochala gave first reading to the following Ordinance. AN ORDINANCE ADDING CHAPTER 56 (COMMERCIAL LAWN FERTILIZATION) TO TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED On a motion by Councilman Bishop, seconded by Councilman Bennett, Land unanimously adopted, it was #719-87 RESOLVED, that having considered a communication from the Department of Law dated July 10, 1987, approved by the Planning Director and approved for submission by the Mayor Pro Tem and which submits a proposed commercial lawn fertilization ordinance which proposed ordinance received its First Reading by Councilman Ochala on August 10, 1987, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 9 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 (Petition 87-3-1-13, rezoning from R-3 to R-2 and 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 23571 ImmThe above Ordinance was placed on the table for consideration at the next regular meeting of the Council . Councilman Bishop gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 2 10 OF ARTICLE II OF ORDINANCE 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE". (Petition 87-3-6-1 ) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was 1720-87 RESOLVED, that having considered the report and recommendation of the Department of Law and the Housing Director dated July 15, 1987, approved for submission by the Mayor Pro Tem and submitted pursuant to Council Resolution 509-87 in connection with a letter from John and Lois Norman, 33916 Five Mile Road, Livonia, Michigan 48154, dated May 18, 1987, wherein it is requested that the City of Livonia convey the referenced property to Mr and Mrs. Norman for the reasons indicated, the Council does hereby refer this item back to the Department of Law and the Housing Director for their report and recomrention relative to a negotiated conveyance of the subject property to Mr and Mrs Norman. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was 1721-87 RESOLVED, that having considered a letter from Mrs. Roseann Bussey, 9309 Newburgh Road, Livonia, Michigan dated July 9, 1987 wherein an interest is indicated in the purchase of certain City-owned property (colored in yellow on the attached map) located south of Ann Arbor Trail west of Newburgh Road in Section 31 , the Council does hereby refer this item to the Department of Law for its report and recommendation law _ _ 23572 On a motion by Councilman Bennett, seconded by Councilman Ochala, and unanimously adopted, it was #722-87 RESOLVED, that having considered a communication from the Director of Emergency Preparedness dated June 30, 1987 wherein it is proposed that the City proceed with the installation of additional warning sirens (10 to 12) and the removal and relocation of the City's three (3) existing sirens, and having also considered a communication from the Mayor Pro Tem dated July 24, 1987 in connection with this item, the Council does hereby approve and authorize the Director of Emergency Preparedness to prepare specifications and thereafter to take competitive bids with respect to the installation of additional sirens in the City of Livonia. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was /723-87 RESOLVED, that having considered a communication from the City Planning Commission dated June 29, 1987 which transmits its resolution 6-142-87 adopted on June 16, 1987 with regard to a sign permit application submitted by Ed Bezilla, Visual Entities, on behalf of Ameri Center of Livonia to erect a ground sign on property located on 39111 Six Mile Road, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to compliance with the same condition set forth in the aforesaid action of the Planning Commission. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was /724-87 RESOLVED, that having considered a communication from the City Planning Commission dated June 29, 1987 which transmits its resolution 6-141-87 adopted on June 16, 1987 with regard to a sign permit application submitted by A.A.A. Sign Service Company, Inc on behalf of Waterbed Mart to erect a wall sign on a building located at 18979 Middlebelt, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to compliance with the same condition set forth in the aforesaid action of the Planning Commission as well as the additional condition that signage in the windows shall not exceed ten percent of the window area. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was 23573 #725-87 RESOLVED, that having considered a communication from the City Planning Commission dated June 29, 1987 which transmits its resolution 6-132-87 adopted on June 16, 1987 with regard to Petition 87-5-2-17 submitted by John Dinan requesting waiver use approval to construct an office building for general office uses on the west side of Newburgh Road, south of Six Mile Road in the Northeast 1/4 of Section 18, which property is zoned PS, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 87-5-2-17 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission as well as a revised site plan dated August 7, 1987 and the revised landscape plan 8708.00. On a motion by Councilman Ochala, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from the City Planning Commission dated July 10, 1987 which transmits its resolution 6-146-87 adopted on June 30, 1987 with regard to Petition 87-5-2-20 submitted by Michael Southers requesting waiver use approval to operate a restaurant in the shopping center located at the southeast corner of Plymouth and Stark Roads in the Northeast 1/4 of Section 33, which property is zoned C-2, the Council does hereby reject the recommendation of the Planning Commission and Petition 87-5-2-20 is hereby denied for the following reasons 1 . The petitioner has failed to affirmatively show that the proposed use is in compliance with the General Waiver Use Standards and Requirements set forth in Section 19.06 of Zoning Ordinance 543 2. This section of the City is currently well served with eating establishments, therefore the proposed use is contrary to the spirit and intent of the zoning ordinance which, among other things, is to promote and encourage a balanced and appropriate mix of uses and not oversaturate an area with similar type uses as is being proposed 3. The location of the proposed use is such that traffic to and from the use will significantly add to the current very high volumes of traffic in the area On a motion by Councilman Bennett, seconded by Councilman Taylor, and L unanimously adopted, it was 23574 lbw #726-87 RESOLVED, that having considered a communication from the City Planning Commission dated July 10, 1987 which transmits its resolution 6-146-87 adopted on June 30, 1987 with regard to Petition 87-5-2-20 submitted by Michael Southers requesting waiver use approval to operate a restaurant in the shopping center located at the southeast corner of Plymouth and Stark Roads in the Northeast 1/4 of Section 33, which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was #727-87 RESOLVED, that having considered a communication from the City Planning Commission dated July 9, 1987 which transmits its resolution 6-148-87 adopted on June 30, 1987 with regard to Petition 87-5-2-22 submitted by Jim Lamb requesting waiver use approval to construct a car wash on property zoned C-2 on the east side of Middlebelt Road between Five Mile and Roycroft Avenue in the Southwest 1/4 of Section 13, the Council does hereby concur in the recommendation of the Planning Commission and Petition 87-5-2-22 is hereby approved and granted subject to compliance with the standards set forth in the aforesaid aw action of the Planning Commission as well as subject to approval of a landscape plan to be submitted to the City Council . A roll call vote was taken on the foregoing resolution with the following result: AYES Bishop, Taylor, McCotter, McCann. NAYS. Bennett, Ochala The President declared the resolution adopted On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #728-87 RESOLVED, that having considered a communication from the City Planning Commission dated July 10, 1987 which transmits its resolution 6-149-87 adopted on June 30, 1987 with regard to Petition 87-6-2-23 submitted by Shigeru Yamada requesting waiver use approval to operate a restaurant within the shopping center located on the north side of Six Mile Road between Newburgh Road and Fitzgerald in the Southwest ift• 1/4 of Section 8, which property is zoned C-2, the Council 23575 does hereby refer this item to the Committee of the Whole ifto for its report and recommendation. On a motion by Councilman Bishop, seconded by Councilman Bennett, it was #729-87 RESOLVED, that having considered a communication from the City Planning Commission dated June 29, 1987 which transmits its resolution 6-138-87 adopted on June 16, 1987 with regard to a revised site plan submitted by Burger King Corporation in connection with Petition 83-9-8-24 for approval of all plans in connection with a proposal to construct a drive through convenience window on the existing restaurant located on the south side of Seven Mile Road, east of Middlebelt in Section 12, pursuant to the provisions set forth in Section 18.47 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 83-9-8-24 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission as well as based upon a revised site plan dated July 3, 1987 as well as the requirement that a sprinkler system shall be provided with respect to all landscaped areas. LA roll call vote was taken on the foregoing resolution with the following result. AYES. Bishop, Taylor, Bennett, McCotter, McCann NAYS Ochala The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #730-87 RESOLVED, that having considered a communication from the City Planning Commission dated July 10, 1987 which transmits its resolution 6-159-87 adopted on June 30, 1987 with regard to Petition 87-6-8-22 submitted by Waukeen requesting approval to construct two one-story professional office buildings on the east side of Middlebelt between Curtis and Pickford in Section 12, pursuant to the provisions set forth in Section 18.47 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 87-6-8-22 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid ism recommendation of the Planning Commission as well as based upon a revised landscape plan 87170 dated July 23, 1987. 23576 ims On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #731-87 RESOLVED, that having considered a letter from Mark Switalski , Attorney at Law, dated July 8, 1987 and submitted in behalf of his client, Helen Fountoukis and having also considered departmental correspondence dated July 13, 1987 from the Department of Law in connection with Helen Fountoukis v Charles W. King, Patricia King and the City of Livonia, Wayne County Circuit Court Case No 87-709483-CH, the Council does hereby determine to refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Bishop, seconded by Councilwoman McCotter, and unanimously adopted, it was #732-87 RESOLVED, that having considered the report and recommendation of the Labor Relations Director dated July 14, 1987 which bears the signature of the Director of Finance and is approved for submission by the Mayor Pro Tem, and to which is attached a proposal dated June 24, 1987 from Allied Communications, Inc. , 17360 West Eight Mile Road, Southfield, Michigan 48075 for telephone pre-cabling for the Police Department addition in the amount of $2,860 00, the Council does hereby approve and authorize the said telephone pre-wiring in the amount of $2,860.00 to be appropriated and paid from the Telephone Utilities Account in the manner and form herein submitted. On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #733-87 RESOLVED, that having considered the report and recommendation of the Historic Preservation Commission and the Director of Community Resources dated July 15, 1987, approved by the Finance Director and approved for submission by the Mayor Pro Tem, the Council does hereby reject the bid of Kimberly Fence Company for a portion of the Clarenceville Cemetery Fence, the action herein being taken for the reasons indicated in the aforesaid communication On a motion by Councilman Bennett, seconded by Councilman Taylor, Lit was 23577 1734-87 RESOLVED, that having considered the report and recommendation of the Historic Preservation Commission and the Director of Community Resources dated July 15, 1987, approved by the Finance Director and approved for submission by the Mayor Pro Tem, the Council does hereby authorize Murray & Company, 24755 Five Mile Road, Suite 13, Detroit, Michigan 48239, to complete both Phase I and Phase II of the Clarenceville Cemetery Fence Restoration Project for the price of $24,030.00, the first phase of which is to be financed from the current budget and the second phase of which is to be financed in the 1987-88 budget, further, the Council does hereby authorize the said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D. 5 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolution with the following result: AYES. Taylor, Bennett, Ochala, McCotter, McCann. NAYS. Bishop The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Ochala, and Lunanimously adopted, it was 1735-87 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 28, 1987 on all matters required by Sections 3.08 060 and 3.08. 140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on July 20, 1987, after due notice as required by Section 3 08 070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08 080 of said Code (1 ) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of seven (7) 100-watt high pressure sodium lights on colonial post tops (Alternate II ) with underground wiring in Sunset Park Estates Subdivision in the S.E 1/4 of Section 11 , City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated May 28, 1987, 23578 (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A Special Assessment District in the S.E 1/4 of Section 11 , T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as containing the property shown on the Special Assessment Plan and the Special Assessment Roll . (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council ' s determination on said statements as prepared by the City Engineer dated May 28, 1987, (8) that upon completion of said roll , the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08.100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8, of the Livonia Code of Ordinances. On a motion by Councilman Ochala, seconded by Councilwoman McCotter, and unanimously adopted, it was 16. j - 23579 #736-87 RESOLVED, that having considered a communication from the City Planning Commission dated June 5, 1987 which sets forth its resolution 6-117-87 adopted on June 2, 1987 with regard to Petition 87-3-1-16 submitted by Herrel F Sutton for a change of zoning on property located on the north side of Angeline Avenue, east of Edington in the Northeast 1/4 of Section 33 from RUF to R-1A, and the Council having conducted a public hearing with regard to this matter on July 20, 1987 pursuant to Council Resolution 556-87, the Council does hereby concur in the recommendation of the Planning Commission and said Petition 87-3-1-16 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 543, as amended, in accordance with this resolution. On a motion by Councilman Ochala, seconded by Councilman Bennett, it was #737-87 RESOLVED, that having considered a communication from the City Planning Commission dated June 5, 1987 which sets forth its resolution 6-119-87 adopted on June 2, 1987 with regard to Petition 87-4-1-17 submitted by Joseph Dettore for United Construction, Inc. for a change of zoning on property located south of Eight Mile Road between Merriman and Milburn in the Northwest 1/4 of Section 2 from RUFA to R-9, and the Council having conducted a public hearing with regard to this matter on July 20, 1987 pursuant to Council Resolution 556-87, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 87-4-1-17 is hereby denied for the following reasons 1 . That the proposed change of zoning will not promote the orderly development of the area in keeping with the surrounding uses. 2 That the proposed change of zoning is contrary to the recommendation of the Future Land Use Plan 3. That the proposed change of zoning is inconsistent with the development of adjacent property in the area which is single family residential 4. That the subject property is not conducive to meeting the development requirements of the R-9 Zoning District in the development of Senior Citizen Housing 23580 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Taylor, Bennett, Ochala, McCann. NAYS. McCotter. The President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #738-87 RESOLVED, that the Council does hereby refer to the City Planning Commission for its report and recommendation the subject of appropriate use of certain property which was the subject of Petition 87-4-1-17, located south of Eight Mile Road between Merriman and Milburn with respect to other similarly situated parcels. On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #739-87 WHEREAS, the National Town Watch Association is sponsoring a special coast-to-coast community crime prevention project on the evening of August 11 , 1987 called "National Night L. Out", and WHEREAS, the Livonia Police Department plays an essential role through its cooperative crime prevention efforts in the City of Livonia and is supporting the 4th Annual "National Night Out" locally' and WHEREAS, it is important that all citizens in Livonia be aware of the importance of crime prevention programs and the positive impact that their participation can have on reducing crime in our neighborhoods, and WHEREAS, "National Night Out" provides an opportunity for Livonia to join together with hundreds of other communities across the country in support of safer neighborhoods and to demonstrate the success of cooperative crime prevention efforts; and WHEREAS, neighborhood spirit and cooperation is the theme of the "National Night Out" project and is also the key ingredient in helping the Livonia Police Department to fight crime; NOW, THEREFORE, the City Council does hereby call upon all of the citizens of Livonia to join the Police Department 1.. and the National Town Watch Association in supporting and participating in "National Night Out" on August 11 . 23581 FURTHER, LET IT BE RESOLVED THAT, the City Council does hereby proclaim Tuesday, August 11 , 1987 as "NATIONAL NIGHT OUT" in Livonia. A communication from the Director of Finance, dated July 14, 1987, re CR 456-87, Alternate Maintenance Contract for the Police Department was received and placed on file for the information of the Council . A comrunication from the Chairman of the Traffic Comuission, dated July 14, 1987, re CR 497-87, Request for Report/Recomuendation Regarding Installation of Identification Markers on Existing Rights-of-Way as Entrance Markers to the Burton Hollow Subdivision was received and placed on file for the information of the Council . On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #740-87 RESOLVED, that having considered a communication from the Department of Law, dated July 21 , 1987, submitted pursuant to Council Resolution 297-87, transmitting for Council acceptance a warranty deed dated July 22, 1987, executed by Richard D. Cramb, Sr. , Commander of Myron H. Beals American Legion Post No 32, a Michigan non-profit corporation, conveying to the City certain property described as follows The West 27 feet of the following described parcel Lots 742, 743 and 744, Supervisor's Livonia Plat No 12, as recorded in Liber 66, Page 65 of Plats, Wayne County Records (Newburgh Road right-of-way) the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid warranty deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, further, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City-owned and tax exempt. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was 23582 ii• #741-87 RESOLVED, that having considered a communication from the City Planning Commission dated July 28, 1987 which transmits its resolution 7-168-87 adopted on July 21 , 1987 with regard to Petition 87-6-2-31 submitted by Jacobson Stores, Inc requesting waiver use approval for an SDM license to oe used in connection with an existing retail store located on the northwest corner of Six Mile and Newburgh Roads in the southeast 1/4 of Section 7 which property is zoned C-2 and having also considered a letter from the Mayor Pro Tem dated July 23, 1987 in connection therewith, the Council does hereby concur in the recommendation of the Planning Commission and Petition 87-6-2-31 is hereby approved and granted subject to compliance with the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #742-87 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 537-87 adopted on June 3, 1987. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #743-87 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated May 29, 1987, the Council does hereby approve of a request from Jacobson Stores, Inc for a new SDM license to be located at 37500 Six Mile Road, Livonia, Michigan 48152, Wayne County, Michigan, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Councilwoman McCotter, seconded by Councilman Bishop, and unanimously adopted, it was #744-87 RESOLVED, that having considered a letter from Eileen R. Dziadosz, 37674 Bristol Court, Livonia, Michigan dated July 15, 1987 which requests permission to close Bristol Court to traffic on August 22, 1987 from 3:00 p.m to 11 00 p.m. for the purpose of conducting a block party, the Council does hereby approve and grant this request subject to approval by the Police Department. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was 23583 #745-87 RESOLVED, that having considered a communication from the Director of Comnunity Resources dated July 14, 1987, approved by the Finance Director and which bears the signature of the Mayor Pro Tem, the Council does hereby accept for and on behalf of the City of Livonia a grant award to the Department of Community Resources from the Michigan Office of Services for the Aging in the amount of $1 ,220.00 for the purchase of four (4) Fold-N-Roll Tables for use at the Fire Station Senior Center. On a motion by Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, it was #746-87 RESOLVED, that having considered a communication from the Director of Community Resources dated July 21 , 1987, approved by the Finance Director and which bears the signature of the Mayor Pro Tem, the Council does hereby accept the following donations to the Senior Citizens Program FROM THE DEPRESSION GLASS SOCIETY. - 5' round table for activities - installation of a phone in the kichen FROM THE LIVONIA JAYCEES- - 2 kitchen carts - 1/2" VHS video cassette recorder FROM THE LIVONIA ANNIVERSARY COMMITTEE, INC. - 1 lawnmower for the Chore Program On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was 1747-87 RESOLVED, that having considered a communication dated July 29, 1987, from the Department of Law transmitting for Council acceptance two (2) Quit Claim Deeds, more particularly described as. iw. Quit Claim Deed dated June 2, 1987, executed by Herrel F Sutton and Marilyn Sutton, his wife, for That part of Lot 211 , Supervisors Plat No 2, as recorded in Liber 66, Page 1 , Wayne County Records, said plat being ! 23584 a part of the N.E. 1/4 of Section 33, T.1S. , R.9E. , Livonia Township (now City of Livonia), Wayne County, Michigan, L described as the East 71 .26 feet of the North 27 feet of said Lot 211 . (Plymouth Road Right-of-Way) AND Quit Claim Deed dated June 2, 1987, executed by Herrel F. Sutton and Marilyn Sutton, his wife, for: That part of Lot 211 , Supervisors Plat No 2, as recorded in Liber 66, page 1 , Wayne County Records, said plat being a part of the N.E 1/4 of Section 33, T.1S. , R.9E. , Livonia Township (now City of Livonia) , Wayne County, Michigan, described as the West 132 feet of the South 30 feet of said Lot 211 . (Angeline Avenue Right-of-Way) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deeds and the City Clerk is hereby requested to have the same recorded in the Office of Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Councilman Taylor, seconded by Councilman Ochala, and L unanimously adopted, it was 1748-87 RESOLVED, that having considered a letter from J. Tito Coronado, 18807 Comstock, Livonia, Michigan 48152 received by the Office of the City Clerk on August 5, 1987 wherein a request is submitted to close Comstock between Jay and Dardanella on Saturday, September 12, 1987 from Noon to Midnight for the purpose of having the Gold Manor #3 Subdivision conduct a block party, the Council does hereby approve and grant this request, subject to approval by the Police Department, further in the event of inclement weather the approval herein granted shall be applicable with respect to the alternate date of Saturday, September 19, 1987. On a motion by Council Taylor, seconded by Councilman Bishop, and unanimously adopted, it was 1749-87 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda IlimOn a motion by Councilman Ochala, seconded by Councilman Taylor, and unanimously adopted, it was 23586 #754-87 RESOLVED, that Council Resolution 614-87, adopted on July 1 , 1987 is hereby amended so as to revise the amount set forth in paragraph (1 ) therein to $192,786.92 from $278,487.38, and the balance of the aforesaid resolution shall remain in full force and effect On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #755-87 RESOLVED, that Council Resolution 615-87, adopted on July 1 , 1987 is hereby amended so as to revise the amount set forth in paragraph (1 ) therein to $112,577 79 from $133,257.63, and the balance of the aforesaid resolution shall remain in full force and effect. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, this 1 ,109th Regular Meeting of the Council of the City of Livonia was adjourned at 9:38 P.M. , August 10, 1987 ?t' Ro ert F. Nash, City Clerk