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HomeMy WebLinkAboutCOUNCIL MINUTES 1996-02-28 29323 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIFTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 28, 1996, 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. Councilmember Brosnan delivered the invocation Roll was called with the following result: Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, Gerald Taylor, Brian Duggan, Fernon P Feenstra, and Joe Laura Absent. None Elected and appointed officials present: Jack E Kirksey, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk; Michael T Slater, Finance Director; Lt. Tom Yates, Police Department; and Captain Peter Kunst, Police Department. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was. #121-96 RESOLVED, that the minutes of the 1,313th Regular Meeting of the Council of the City of Livonia, held January 31, 1996, are hereby approved as submitted. On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was: #122-96 RESOLVED, that the minutes of the 1,314th Regular Meeting of the Council of the City of Livonia, held February 12, 1996, are hereby approved as corrected.* *The following resolutions were corrected to read as follows #95-96 RESOLVED, that the Council does hereby authorize retaining the law firm of Brashear, Tangora & Spence as special legal counsel to file a Declaratory Judgment action in the Circuit Court for the County of Wayne to obtain a court opinion regarding the validity of the amendment to Sections 020, 040 and 050C and adding Section 070 to Title 2, Chapter 84 (Primary and Regular Elections) of the Livonia Code of 29324 Ordinances, as amended, regarding incorporation into the odd-year City primary and regular elections ordinance of certain procedural and substantive matters pertaining o the recently amended term limits provisions in the City Charter; FURTHER, the Council does hereby appropriate and authorize the expenditure of the-GLIMS-neoessary-for-this purpose a sum not to exceed $7,500 00 from the Unexpended Fund Balance for this purpose #96-96 RESOLVED, that the Council does hereby refer the subject of whether or not the motion to call a previous question is debatable as a matter of parliamentary procedure and if it requires a two-thirds vote, and the appropriate procedure to be followed when a challenge is made to a ruling of the Chair and if the presiding officer can declare himself or herself right without a vote of the body to the Department of Law for its report and recommendation Councilmember Feenstra also asked for a correction in the minutes of the last Study session At the end of the meeting, he requested that Section 2 04 060 include a duty that the Council President represent the Council at ceremonial functions, etc., and that that should be part of the addition to 2 04, which is the Rules of the Council He asked that that be corrected because that is one of the items they will be discussing this evening. The City Attorney indicated that his request was included in the Attorney Notes for this evening. Council President Laura informed those in the audience and the viewing public that tomorrow, February 29, 1996, is the last day to pay Livonia winter taxes As of March 1 they will have to be paid at the county Councilmember McGee stated he felt it appropriate for him to notify everyone concerned at this time that he would not be running for reelection in 1997 A lot of the comments made recently regarding the ordinance amendment pertaining to the definition of"term" have been directed toward him and based on an assumption that he would be running for the office of Council in 1997 He indicated his main reason for deciding not to run again is his desire to spend more time with his son and be "a dad." President Laura announced he received a letter from Denise Mika-Biga requesting a study of attorney firms, as well as a letter from Patricia Holmes requesting an opinion from Mr Kavanagh pertaining to term limits, and that these items would be placed on the Study Meeting of March 4, 1996 Both Councilmembers Taylor and Feenstra gave accolades to Councilmember McGee, stating it will be a great loss to the City of Livonia to not have him on the Council in the upcoming future The following individuals spoke during audience communication. 1 Michael Driscoll, 19229 Shadyside - submitted and read a letter regarding his opinion that the Council incumbents are manipulating our legislative process for self- 29325 serving purposes He also indicated he does not believe Brashear, Tangora & Spence should be the law firm selected regarding the "term limits" matter, that he would like this matter taken out of Circuit Court, and requests the Council to repeal this ordinance He would like to see it put to an end 2. Denise Mika-Biga, 35354 Lancashire - indicated that in her letter to President Laura she asked for a second law firm She stated her belief that if this "term limits" matter was sent to Committee of the Whole where it could be discussed by everyone, that a solution could have been found. Now we're going to Circuit Court and spending more money of the City when we could have discussed it amongst ourselves 3 Paul Pierson, 33506 Nancy - he believes it is good to educate the citizens of Livonia on how to get a matter put on an agenda to be discussed He also spoke to the issue of deep injection wells in Taylor, indicating that the wells are in but they are not pumping anything into them yet. He stated that another group is working with Wayne Disposal for a permit to open a toxic landfill in the same general area. He asked that the Council petition Mr Wallman, Permit Bonding, United Geological Service Division, not to offer these permits to these people 4 Tim Bailey, 9826 Cranston - inquired as to the process of approving resolutions/minutes and stated he hoped that the Council would not approve the minutes with the "term limits" ordinance contained in them. President Laura explained the process to him and explained that he would be asking for a rescinding motion. He stated that the people who voted for it should have some input in the ordinance 5 Kurt Krupsky, 18620 Brentwood - requested Councilmember McGee reconsider running again, he has been an excellent Council member He also indicated he would like to play a part in how this "term limits" amendment is written He stated this is our issue, not the City of Detroit's or Wayne County's 6 Bob Snyder, 16774 Ronnie Lane - doesn't understand the problem with "term limits " It would be two terms, or a maximum of eight years After eight years, the Council person must resign. If it's in the middle, then another person would be appointed On a motion by Taylor, seconded by Feenstra, it was #123-96 RESOLVED, that having considered a request from Councilmember Gerald Taylor regarding notification of residents of oil and gas testing and/or other projects taking place on City streets, the Council does hereby refer this matter to the Engineering Department for its report and recommendation #124-96 RESOLVED, that having considered a communication from the City Planning Commission, dated February 8, 1996, which transmits its resolution 1-20-96, adopted on January 30, 1996, with regard to a Sign Permit Application, submitted by John Dinan, for signage for the office building located at 37751 Pembroke Street in the Southeast 1/4 of 29326 Section 6, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions 1 That the Sign Package by John Dinan, received by the Planning Commission on January 18, 1996, is hereby approved and shall be adhered to, 2 That the sign shall identify a business center (i e , Coldwell Banker Building) and not individual tenants as outlined in the correspondence from the Inspection Department dated January 24, 1996, and 3 That the sign shall be blue and white #125-96 RESOLVED, that having considered a letter from the Secretary of the Livonia Woodcarvers Club, dated February 5, 1996, in connection with the 22nd Annual Woodcarving Show to be conducted at Eddie Edgar Arena on August 3 and 4, 1996, and which requests permission to display temporary advertising signs from July 26 through August 4, 1996, which signs shall be in the following sizes and at the following locations A double sign (24" wide x 48" high - tent style) at the southwest corner of Five Mile and Farmington Roads, A double sign (24" wide x 48" high - tent style) at the southeast corner of Five Mile and Farmington Roads; A 24"wide x 48" high double sign (opens like a book - hinged in the middle) at the southeast corner of Schoolcraft and Farmington Roads, A 24" wide x 48" high double sign (opens like a book - hinged in the middle) at the southeast corner of Plymouth and Farmington Roads, A 42" high x 72" wide sign on Farmington Road at the south corner of Ford Field; and A 42" high x 72" wide sign at the southwest corner of Farmington Road and Lyndon, the Council does hereby approve and grant this request in the manner and form herein submitted; FURTHER, the Council does hereby take this means to indicate that the Livonia Woodcarvers Club is recognized as a non-profit organization operating in the community, the action herein being taken for the purpose of affording the Livonia Woodcarvers Club an 29327 opportunity to obtain a gaming license from the State of Michigan in accordance with provisions of State statute, FURTHER, the Council does hereby determine that this request shall receive a Category III application pursuant to the City of Livonia Fees/Waivers Four Category Grid dated February 8, 1993, as established in Council Resolution 371-93, adopted on May 5, 1993 #126-96 RESOLVED, that having considered a communication from Craig S Corbell, Pacoma-Purlingbrook LLC, dated January 29, 1996, to which is attached a revised landscape plan in accordance with the revised site plan for Petition 95-6-2-22 by Pacoma-Purlingbrook LLC, to construct cluster homes to be located on the east side of Purlingbrook Avenue north of Seven Mile in the Southeast 1/4 of Section 2, the Council does hereby approve the revised landscape plan as herein submitted #127-96 RESOLVED, that having considered the report and recommendation of the City Clerk, dated February 12, 1996, regarding a proposed amendment to Title 6, Chapter 4 (Dogs), Section 220 of the Livonia Code of Ordinances, to make fees for duplicate license tags for cats and dogs consistent, the Council does hereby refer this matter to the Department of Law to prepare an appropriate ordinance amendment to Section 6 04 220 of the Livonia Code of Ordinances for submission to Council #128-96 RESOLVED, that having considered the report and recommendation of the City Clerk, dated February 12, 1996, to which is attached a letter from The Observer & Eccentric Newspapers, Inc., dated January 15, 1996, the Council does hereby designate The Observer & Eccentric Newspapers, Inc., Subsidiary of Suburban Communications Corporation, 36251 Schoolcraft, Livonia, Michigan 48150, as the official newspaper of the City of Livonia, for the period January 1, 1995, through December 31, 1996, FURTHER, the Council does hereby approve and authorize the publishing of legal notices in The Observer & Eccentric Newspapers for the price of$6 30 per column inch, based on the present six column format, which will remain in effect until December 31, 1996, FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04 140D4 of the Livonia Code of Ordinances, as amended #129-96 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor, dated February 7, 1996, the Council does hereby consent to and confirm the reappointment of Ms. Sherry Broyles, 17492 Myron, Livonia, Michigan 48152, to the Board of Review for a term of three years commencing February 17, 1996, and expiring February 16, 1999 29328 #130-96 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor, dated February 15, 1996, the Council does hereby consent to and confirm the appointment of Mr Mark R. Thomas, 33714 Norfolk, Livonia, Michigan 48152, to the Board of Review to fill an unexpired term beginning February 16, 1996, and expiring February 16, 1998, provided that he takes the oath of office as required in Section 2, Chapter X of the City Charter, to be administered by the Office of the City Clerk. #131-96 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated January 25, 1996, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quoted price of T F P , Inc., 110 Frederick Street, Greenville, South Carolina 29607, for the upgrade of the Police Department's computerized Mugshot/Booking System in the amount of$26,660 00, after trade-in allowances, the same to be expended from funds already budgeted for this purpose, FURTHER, the Council does hereby authorize the said purchase without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #132-96 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 30, 1995, and the report and recommendation of the Chief of Police, dated February 2, 1996, approved for submission by the Mayor, the Council does hereby approve of the request from Livonia Liquor Castle, Inc. for transfer of ownership of a 1995 SDD-SDM licensed business from B and B Drugs, Incorporated, for a business located at 28287 Plymouth Road, Livonia, Michigan, Wayne County, to change the nature of the business from pharmacy to party store, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #133-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 1, 1996, which bears the signature of the City Attorney and Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Nagle Paving Company, 30630 West Twelve Mile Road, Farmington Hills, Michigan 48334, for completing all work required in connection with the Ben Celani Park and Beverly Park Parking Lot Project (Contract 96-A) for the estimated total cost of$66,035 34, based upon the department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, FURTHER, the Council does hereby determine the aforesaid bid to be a better bid than the bids submitted by Thompson-McCully Company and Best Asphalt, Inc. for the reasons indicated in the aforesaid communication, and the action taken herein 29329 being made in accordance with Section 3 04 140E of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the expenditure of the sum of$66,000 00 from funds currently budgeted for this purpose, FURTHER, the Council does appropriate and authorize the expenditure of an additional sum not to exceed $35 34 from the Unexpended Fund Balance of the Capital Projects Fund to be transferred to Capital Projects Fund Account No 401-000-974-000 for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. #134-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 1, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Polo Construction, 14701 Telegraph, Flat Rock, Michigan 48134, for completing all work required in connection with the 1996 Sidewalk Program (Contract 96-E) for the estimated total cost of$374,547 50, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby authorize an advance in the amount of $304,547 50 from the General Obligation Road Improvement Bond Issue with the provision that this bond issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are subsequently received from the payment of bills and assessments by affected property owners, FURTHER, the Council does hereby appropriate and authorize the expenditure of an additional sum not to exceed $70,000 00 from the Michigan Transportation Fund ($50,000 00 from the Local Road Account and $20,000 00 from the Major Road Account) to pay for the City's portion of this contract, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution, #135-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 9, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to the Munger Avenue Paving Project, which is located in the Northwest 1/4 of Section 14, the Council does hereby determine as follows 29330 To authorize a revision and amendment of Special Assessment District 374 in accordance with the revised assessment roll attached to the aforesaid communication so as to revise the original assessment rate of$57 70 per foot to a decreased assessment rate of$55 90 per foot, resulting in a decrease in the total assessment from $162,454 35 to $157,386 45, which rate will reflect actual costs incurred in this project; - To authorize the City Assessor to increase the assessments in the total amount of$3,933 60 for parcels listed in Attachment III of the aforesaid communication so as to include the cost of additional work requested by property owners within the assessment district; To establish the final project cost at $250,118 36, of which $161,320 05 is to be charged to the special assessment district and $88,798 31 is to be assumed by the City's Michigan Transportation Fund (Local Road Account) receipts, - To authorize an expenditure in the amount of$250,118 36 from the General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($161,320 05) and from Michigan Transportation Fund (Local Road Account) receipts ($88,798 31), - To authorize final payment to the contractor in the amount of $11,927 90; and the City Assessor, City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution #136-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 29, 1996, approved as to form by the City Attorney, and which bears the signature of the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Overhead Easement (Right-of-Way) No 4700, which would grant an easement to the Detroit Edison Company across the following described City-owned property (Refuse Disposal Site) located in the Northeast 1/4 of Section 27 That part of the N E 1/4 of Section 27, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant N 0°06'20" East along the North and South 1/4 line of Section 27, 469 50 feet and S 89°12'30" East, 143 01 feet from the center corner of said Section 27, proceeding thence N 0°06'20" East, 67 55 feet; thence S 89°12'30" East, 350 feet; thence S 29331 0°06'20" West, 67 55 feet; thence N 89°12'30" West, 350 feet to the point of beginning (Part of 105-99-0043-004) #137-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 1, 1996, approved for submission by the Mayor, the Council does hereby amend Item No 7 of Council Resolution 407-95, adopted on June 21, 1995, so as to reduce the financial assurances now on deposit with the City for general improvements in the Orangelawn Woods Subdivision No 2 located in the Northeast 1/4 of Section 33 to $7,000 00 cash to cover the cost of remaining general improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, all other financial assurances now on deposit with the City shall remain the same and unchanged #138-96 RESOLVED, that having considered a communication from Gerald D Taylor, Councilmember, dated February 13, 1996, which requests that consideration be given to a proposed amendment to Section 18 58(a) of the Livonia Zoning Ordinance for the purpose of requiring that with respect to all OS, C-1, and C-2 zoned property, the City Planning Commission shall review the site plan and submit a report and recommendation to the City Council for its approval (deleting the two-acre exception for OS and five-acre exception for C-1 and C-2), and in accordance with the provisions set forth in Section 23 01(a) of the Livonia Zoning Ordinance, the Council does hereby determine on its own motion to refer to and request that the City Planning Commission conduct a public hearing on the question of whether such amendment should be made, and thereafter submit a report and recommendation to Council #139-96 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Action Distribution Co , Inc., dated October 27, 1995, covering new industrial facilities to be located within City of Livonia Industrial Development District No 60; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P A. 1974, as amended 2. The City Clerk shall contact each of the affected taxing units and, (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, April 1, 1996, at 7 00 p m 29332 at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, April 1, 1996, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application #140-96 RESOLVED, that the Council having considered a communication from the City Engineer, dated February 2, 1996, approved for submission by the Mayor, 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 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 Camborne Pines Subdivision in the Northwest 1/4 of Section 13, T 1 S , 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 February 2, 1996, 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, April 3, 1996, 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 #141-96 RESOLVED, that the Council having considered a communication from the City Engineer, dated February 14, 1996, approved for submission by the Mayor, and submitted pursuant to Council Resolution 614-94, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of street lighting with underground wiring in the Hillcrest Court Development in the Northwest 1/4 of Section 23, T 1S , R.9E , City of Livonia, Wayne 29333 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 February 14, 1996, 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, April 3, 1996, 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 #142-96 RESOLVED, that the Council having considered a communication from the City Engineer, dated February 5, 1996, approved for submission by the Mayor, 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 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 the Oakcrest Villas Subdivision located in the Southeast 1/4 of Section 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 February 5, 1996, 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, April 3, 1996, at 8 00 29334 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 #143-96 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 Monday, April 8, 1996, at 8 00 p m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 96-1-1-1, submitted by Ashley Construction Company for a change of zoning of property located on the south side of Lyndon Avenue between Newburgh Road and Stonehouse Avenue in the Southeast 1/4 of Section 19, from RUF to R-3, the City Planning Commission in its resolution 2-22-96 having recommended to the City Council that Petition 96-1-1-1 be approved, and (2) Petition 95-11-1-26, submitted by Leo Soave for a change of zoning of property located on the north side of Six Mile Road between Stamwich Blvd and Merriman Road in the Southwest 1/4 of Section 11, from RUFC to R-3, the City Planning Commission in its resolution 2-21-96 having recommended to the City Council that Petition 95-11-1-26 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 certified 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 #144-96 RESOLVED, that having considered a communication from West Livonia Congregation of Jehovah's Witnesses, received by the Office of the City Clerk on February 15, 1996, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the 29335 Zoning Ordinance, takes an appeal from a determination made on February 13, 1996, by the City Planning Commission in its resolution 2- 23-96 with regard to Petition 95-12-2-35 submitted by West Livonia Congregation of Jehovah's Witnesses requesting waiver use approval to construct a church on property located on the west side of Merriman Road between Norfolk Avenue and Fairfax in the Northeast 1/4 of Section 3, which property is zoned RUFA, the Council does hereby designate Wednesday, April 3, 1996, at 8 00 p m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. A roll call vote was taken on the foregoing resolutions with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and Laura. NAYS None On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #145-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 7, 1996, submitted pursuant to Council Resolution 807-95, and having also considered a communication from the City Planning Commission, dated August 3, 1995, which sets forth its resolution 8-143-95 adopted on August 1, 1995, with regard to Petition 95-5-1-11, submitted by J-P Properties for a change of zoning of property located on the north side of Six Mile Road, west of the 1-96 Expressway, in the Southwest 1/4 of Section 7 from R-9111 and OS to C-4, OS and R-9111 to C-2, AG to OS, R- 9111 to PO, and R-5C to C-2, and the Council having conducted a public hearing with regard to this matter on October 18, 1995, pursuant to Council Resolution 564-95, the Council does hereby approve Petition 95- 5-1-11 for preparation of the ordinance for submission to Council, 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 29336 On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #146-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 7, 1996, submitted pursuant to Council Resolution 807-95, the Council does hereby refer the subject of the feasibility of building a public road extension off Fox Drive to Haggerty and the feasibility of a special assessment district to pay for the proposed project to the Engineering Department and Department of Law for their respective reports and recommendations On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #147-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 7, 1996, submitted pursuant to Council Resolution 807-95, the Council does hereby direct the City Engineer to consult with the County of Wayne regarding whether or not the County is installing a traffic signal at the entrance to Country Club Estates on Six Mile Road west of Haggerty in Northville Township and the feasibility of installing a similar traffic signal within the City of Livonia at the intersection of Six Mile Road and Quakertown Lane and to thereafter submit a report and recommendation to Council On a motion by Feenstra, seconded by Vandersloot, and unanimously adopted, it was #148-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 7, 1996, submitted pursuant to Council Resolution 807-95, the Council does hereby request that the City Engineer submit a report and recommendation in response to Council Resolution 807-95 regarding suggestions for reducing traffic congestion in the Six Mile and Haggerty area and allowing for easier access onto Haggerty Road from the Quakertown Subdivision On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #149-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 7, 1996, submitted pursuant to Council Resolution 807-95, the Council does 29337 hereby direct the Engineering Department to take all steps necessary to request that the County of Wayne install a right turn lane on northbound Haggerty south of Six Mile Road On a motion by McGee, seconded by Taylor, and unanimously adopted, it was #150-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 7, 1996, submitted pursuant to Council Resolution 807-95, the Council does hereby refer to the Traffic Commission the matter of the installation of a new sign stating "Do Not Block Intersection" at the intersection of Quakertown and Six Mile Road for its report and recommendation. On a motion by McGee, seconded by Taylor, and unanimously adopted, it was. #151-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 7, 1996, submitted pursuant to Council Resolution 807-95, the Council does hereby refer to the Engineering Department and the Mayor for their respective reports and recommendations the matter of a new street to be installed opposite Country Club Drive On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #152-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 7, 1996, submitted pursuant to Council Resolution 807-95, the Council does hereby refer to the Mayor for his report and recommendation the subject matter of a letter to the Northville Township Board of Trustees and Supervisor encouraging the widening of Six Mile Road west of Haggerty Road On a motion by Brosnan, seconded by Vandersloot, it was. #153-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 7, 1996, submitted pursuant to Council Resolution 766-95, and having also considered a communication from the City Planning Commission, dated October 6, 1995, which transmits its resolution 9-193-95 adopted on September 26, 1995, with regard to Petition 95-9-8-21 submitted by Southeastern Michigan Management Company, requesting site plan approval in connection with a proposal to construct a commercial center 29338 on property located at 32520 Seven Mile Road in the Southwest 1/4 of Section 3, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 95-9-8-21 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 dated 12/18/90, as revised, prepared by Warner, Cantrell & Padmos, Inc., is hereby approved and shall be adhered to, except for the fact that all parking spaces shall be 10 ft. wide and 20 ft. in length, 2 That the parking spaces for the entire site shall be double striped, 3 That the Building Elevation Plan marked Sheet A-4 dated 7/14/89 prepared by Southeastern Michigan Management Company, is hereby approved and shall be adhered to, 4 That the Landscape Plan prepared by Southeastern Michigan Management Company dated 9/22/95 is hereby approved and shall be adhered to, 5 That underground sprinklers are to be provided for all landscaped and sodded lawn areas, and all planted materials shall be installed prior to final inspection and thereafter permanently maintained in a healthy condition, 6 That a sign shall be posted on the Mayfield driveway prohibiting truck access, and 7 That all gas meters shall be completely screened by means of landscaping and/or architectural elements A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS Feenstra. The President declared the resolution adopted On a motion by McGee, seconded by Taylor, and unanimously adopted, it was. #154-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated February 20, 1996, submitted pursuant to Council Resolution 78-96, and the report and recommendation of the Director of Finance, dated January 29339 25, 1996, approved for submission by the Mayor, and to which is attached recommended final budget adjustments for Fiscal Year 1995, the Council does hereby authorize the said budget adjustments and transfers in the manner and form herein submitted On a motion by McGee, seconded by Feenstra, and unanimously adopted, it was #155-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated February 20, 1996, submitted pursuant to Council Resolution 135-91, with regard to the establishment of a proposed policy for the disposal of surplus City property and equipment, and in conjunction with Council Resolution 345-94, the Council does hereby refer this matter to the Mayor and the Director of Finance for a report and recommendation with respect to designating a responsible individual regarding property management and developing a policy for surplus property disposal On a motion by McGee, seconded by Feenstra, and unanimously adopted, it was #156-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated February 20, 1996, submitted pursuant to Council Resolution 385-93, with respect to City of Livonia (Financial Report with Additional Information dated November 30, 1992), District Court Funds of District No 16 of the City of Livonia (Financial Report with Additional Information dated November 30, 1992), Economic Development Corporation of the City of Livonia (Financial Report dated November 30, 1992) and the Federal Financial Assistance Programs of the City of Livonia (Supplemental Information dated November 30, 1992), the Council does hereby determine to take no further action with respect to this item. On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was. #157-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated February 20, 1996, submitted pursuant to Council Resolution 548-95, with respect to the matter of additional monies which will be coming to Livonia as a result of successful passage of the SMART millage, the Council does hereby request that the Director of Community Resources submit a report and recommendation regarding the additional monies and services coming to Livonia as a result of the approval of the SMART millage and, in connection therewith, the Council hereby directs the Director of 29340 Community Resources to write a letter to SMART requesting clarification of SMART's policy regarding allowing municipalities to "opt in" to the transit system. On a motion by McGee, seconded by Feenstra, and unanimously adopted, it was #158-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated February 20, 1996, submitted pursuant to Council Resolution 526-93, regarding the status of position of (former) Director of Finance, with respect to various investigative reports and interim audit, etc., the Council does hereby determine to take no further action with respect to this matter From the audience, Ralph Williams, 18630 Foch, stated he would like the Law Department to have available the court transcripts of the former Finance Director's trial for citizens to read if they wished, to which the City Attorney informed him that that information is available in downtown Detroit for viewing On a motion by McGee, seconded by Taylor, and unanimously adopted, it was. #159-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated February 20, 1996, submitted pursuant to Council Resolution 583-95, with respect to City of Livonia (Financial Report with Additional Information dated November 30, 1994), District Court Funds of District No 16 of the City of Livonia (Financial Report with Additional Information dated November 30, 1994), Economic Development Corporation of the City of Livonia (Financial Report dated November 30, 1994) and the Federal Financial Assistance Programs of the City of Livonia (Supplemental Information dated November 30, 1994), the Council does hereby determine to take no further action with respect to this item On a motion by McGee, seconded by Taylor, and unanimously adopted, it was: #160-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated February 20, 1996, submitted pursuant to Council Resolution 430-95, regarding the communication from Dale A. Jurcisin concerning "AGENDA LIVONIA. 1995" and numerous goals for the City set forth therein regarding the matter of deferring and scrutinizing the hiring of City 29341 personnel, the Council does hereby determine to take no further action with respect to this item. On a motion by McGee, seconded by Feenstra, it was RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated February 20, 1996, submitted pursuant to Council Resolution 83-96, regarding a letter from Joe Laura, President of the Council, dated January 25, 1996, regarding the subject of Budget Staff Review, the Council does hereby determine to take no further action with respect to this item On a motion by Vandersloot, seconded by Duggan, it was RESOLVED, that the Council does hereby determine to substitute a resolution which would authorize an extension of funding for the Deputy Treasurer position until September 1, 1996, in lieu of the foregoing resolution. On a motion by Duggan, it was RESOLVED, that the Council does hereby amend the foregoing motion to substitute by stipulating that Elizabeth Todd would serve in the position of Deputy Treasurer The President declared the amendment to the motion to substitute denied for lack of support. From the audience, Michael Driscoll, 19229 Shadyside, stated he felt personalities are tied to this particular office, why try to appoint only a certain person? On a motion by Brosnan, seconded by Taylor, it was RESOLVED, that the Council does hereby call the previous question and end debate A roll call vote was taken on the motion to call the previous question with the following result: AYES Brosnan, McGee, Taylor, Duggan, and Feenstra NAYS Vandersloot and Laura The President declared debate ended A roll call vote was then taken on the motion to substitute as follows AYES Brosnan, Vandersloot, Duggan, and Laura 29342 NAYS McGee, Taylor, and Feenstra. The President declared the motion to substitute adopted. From the audience, Denise Mika-Biga, 35354 Lancashire, wanted to know if the money from the Deputy Treasurer position would be going for a new Police officer A roll call vote was taken on the substitute resolution offered by Vandersloot, seconded by Duggan, as follows RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated February 20, 1996, submitted pursuant to Council Resolution 83-96, regarding a letter from Joe Laura, President of the Council, dated January 25, 1996, regarding the subject of Budget Staff Review, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $20,000 00 from the Unexpended Fund Balance for the purpose of continued funding of the Deputy Treasurer position for the period March 1, 1996, through September 1, 1996 with the following result: •L AYES Vandersloot, Duggan, and Laura. NAYS Brosnan, McGee, Taylor, and Feenstra The President declared the substitute resolution denied On a motion by Duggan, seconded by Brosnan, it was- #161-96 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated February 20, 1996, submitted pursuant to Council Resolution 83-96, regarding a letter from Joe Laura, President of the Council, dated January 25, 1996, regarding the subject of Budget Staff Review, the Council does hereby determine to take no further action with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Feenstra. NAYS Laura. The President declared the resolution adopted. 29343 Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 95-10-3-5) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. McGee took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE Ill OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 95-7-1-15) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was. #162-96 WHEREAS, the City Council having duly met and reviewed the special assessment levied on the Special Assessment Roll dated February 1, 1996, as prepared by the City Assessor to cover the district portion of the cost of a proposed street improvement consisting of a 28' wide, 9" thick reinforced concrete pavement with integral curbs and 29344 gutters (Alternate I) on Beacon Road east of Stark Road in the Southeast 1/4 of Section 28, City of Livonia, Wayne County, Michigan, to be constructed in Special Assessment District No 378, and all owners of record of property subject to the special assessments have submitted in writing a "waive of notice and proceedings" in accordance with Section 3 08 310 of the Livonia Code of Ordinances, as amended, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said code, determine as follows. NOW, THEREFORE, BE IT RESOLVED, THAT (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated February 1, 1996, in the amount of$26,877 94, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district in accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said Special Assessment Roll No 378 is hereby approved and confirmed in all respects, effective February 28, 1996, (3) The amount of said roll shall be divided into fifteen (15) equal annual installments with interest at the rate of six (6%) percent per annum on the unpaid balance of the assessment from December 1, 1996 Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll, said rate of interest shall be not more than 1% above the average rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars ($10 00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10 00) as possible The first installment shall be due and payable December 1, 1997, and subsequent installments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3 08 190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08 190 Any property owner assessed may pay the whole or any part of the assessment without interest or penalty up to December 1, 1996, 29345 (5) The first installment shall be spread upon the 1997 City tax roll in the manner required by Section 3 08 210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1, 1996, and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3 08 200, or after the expiration of the sixty (60) day period as provided by Section 3 08 220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, and (6) The City Council does hereby determine to pay 40% of the paving costs ($17,918 62), 100% of drainage costs ($35,408 50) for a total amount of ($53,327 12) On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was. #163-96 RESOLVED, that the Council does hereby refer the question of the zoning and possible improvement of the vacant parcel zoned R-5 north of Wadsworth, east of Stark Road, in the Southeast 1/4 of Section 28 (Parcel Y1 a3a2) and the possible rezoning of this parcel to the Planning Department for its report and recommendation On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #164-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 1, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Sole Construction Inc , 6112 Executive Drive, Westland, Michigan 48185, for completing all work in connection with the paving of Beacon Road for the estimated total cost of$69,743 53, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize an advance in the amount of$23,372.12 for such paving from the General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are available from the future Special Assessment Bond Issue, 29346 FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $46,371 41 from the Michigan Transportation Fund (Local Road Account) to pay for the City's portion of the work; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution On a motion by Duggan, seconded by McGee, it was #165-96 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 6, 1995, and the report and recommendation from the Chief of Police, dated January 25, 1996, approved for submission by the Mayor, with regard to a request from B J 's of Michigan, Inc. for a new Dance Permit to be held in conjunction with 1995 Class C licensed business with Entertainment Permit, Official Permits (Foods & Golf), Outdoor Service (1 area) and 2 bars, located at 36000 Seven Mile Road, Livonia, Michigan 48152, Wayne County, the Council does hereby take this means to advise the Liquor Control Commission that the City Council declines the said request and would not recommend that this request be approved by the Michigan Liquor Control Commission, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission From the audience, Bonnie Durso, 35209 Seven Mile Road, indicated she would like the business operated to serve the golfers and to be open in the morning, to which the petitioner, Butch Beslach, indicated the economy doesn't substantiate having longer hours at this time A roll call vote was taken on the foregoing resolution with the following result. AYES Brosnan, Vandersloot, McGee, Taylor and Duggan NAYS Feenstra and Laura The President declared the resolution adopted On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #166-96 RESOLVED, that having considered a communication from Fernon P Feenstra, Councilmember, dated February 13, 1996, which was a response to Cathryn K. White's letter dated January 12, 1996, which transmits certain proposed amendments to Chapter 2 04 of the Livonia Code of Ordinances for the purpose of adding to the duties of the 29347 President of the Council, and to provide that the President of the Council shall serve as the Council representative at ceremonies and social functions, and adding a new section to provide that the Council shall select a member to serve on the Board of Trustees of the Livonia Employees Retirement System, and that the City Council shall appoint members of the Zoning Board of Appeals, the Council does hereby refer this matter to the Department of Law to prepare appropriate ordinance amendments to Chapter 2 04 of the Livonia Code of Ordinances for submission to Council On a motion by Feenstra, seconded by Vandersloot, it was RESOLVED, that the Council does hereby refer the matter of the history of appointments of various Councilmembers to serve on SEMCOG, SPREE, MMRMA, the Board of Trustees of the Livonia Employees Retirement System and the designation of a Councilmember as Parliamentarian to the Department of Law for its report and recommendation After discussion of parliamentary procedure between the President, Councilmember Feenstra, and the City Attorney, the President of the Council relinquished the Chair to the Vice President at 1007 p m From the audience, Paul Pierson, 33506 Nancy, asked various questions regarding SEMCOG, to which Councilmember McGee answered Also, Denise Mika- Biga, 35354 Lancashire, indicated that it looks like one Councilmember is nominating himself for five different positions, why wasn't this item (#26) broken down into individual resolutions on the Agenda? City Clerk McCotter and Councilmember McGee explained the agenda/legislative process to her On a motion by Feenstra, seconded by McGee, it was RESOLVED, that the Council does hereby determine to call the previous question and end debate A roll call vote was taken on the motion to call the previous question with the following result: AYES Vandersloot, McGee, Taylor, Feenstra, and Brosnan NAYS Duggan and Laura. The Vice President declared debate ended. A roll call vote was then taken on the resolution by Feenstra, seconded by Vandersloot, as follows. AMENDED PAGE - SEE BOTTOM OF PC 29348 #167-96 RESOLVED, that the Council does hereby refer the matter of the history of appointments of various Councilmembers to serve on SEMCOG, SPREE, MMRMA, the Board of Trustees of the Livonia Employees Retirement System and the designation of a Councilmember as Parliamentarian to the Department of Law for its report and recommendation with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Laura, and Brosnan NAYS None The Vice President declared the resolution adopted On a motion by Duggan, seconded by Feenstra, it was* #168-96 RESOLVED, that the Council does hereby request a legal opinion from the Department of Law regarding whether or not a Councilmember may serve on the Zoning Board of Appeals. From the audience, Michael Driscoll, 19229 Shadyside, questioned appointing one person to so many positions and inquired if the Council was making up rules as they went along and doing things against the Charter Also, Joe Connelly, 32148 Camborne Lane, stated that Joe Laura was a breath of fresh air to the Council and was a good person A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Laura, and Brosnan. NAYS None The Vice President declared the resolution adopted On a motion by Feenstra, seconded by McGee, it was: RESOLVED, that having considered a communication from Councilmember Fernon P Feenstra, dated February 13, 1996, the Council does hereby determine to designate Councilmember Michael P McGee as the City's delegate to the Southeast Michigan Council of Governments, and determines to designate Councilmember Maureen Miller Brosnan as the City's alternate delegate to the Southeast Michigan Council of Governments on a continuing basis, or until further order of the Council by Council Resolution. AMENDED PAGE - SEE #169-96 29349 On a motion by Feenstra, seconded by Taylor, it was. tio RESOLVED,ddebate that the Council does hereby call the previous question and end A roll call vote was taken on the motion to call the previous question with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, and Brosnan. NAYS Laura. The Vice President declared debate ended A roll call vote was then taken on the resolution by Feenstra, seconded by McGee, as follows: #169-96 RESOLVED, that having considered a communication from Councilmember Fernon P Feenstra, dated February 13, 1996, the Council does hereby determine to designate Councilmember Michael P McGee as the City's delegate to the Southeast Michigan Council of Governments, and determines to designate Councilmember Maureen Miller Brosnan as the City's alternate delegate to the Southeast Michigan Council of Governments on a continuing basis, or until further order of the Council by Council Resolution with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, and Brosnan NAYS Laura. The Vice President declared the resolution adopted On a motion by Laura, seconded by Vandersloot, it was RESOLVED, that the Council does hereby request a legal opinion from the Department of Law regarding whether or not a Councilmember may properly serve on the Board of Trustees of the Livonia Employees Retirement System Laura and Vandersloot withdrew their motions on the foregoing resolution after having received the City Attorney's advice on this matter On a motion by Feenstra, seconded by Duggan, it was. #170-96 RESOLVED, that having considered a communication from Councilmember Fernon P Feenstra, dated February 13, 1996, the AMENDED PAGE - SEE #170-96 AND #171-96 29350 Council does hereby determine to designate Councilmember Fernon P Feenstra to serve as the Council representative on the Board of Directors of the Livonia Anniversary Committee on a continuing basis, or until further order of the Council by Council Resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, and Brosnan NAYS Laura. The Vice President declared the resolution adopted. On a motion by Feenstra, seconded by Taylor, it was. #171-96 RESOLVED, that having considered a communication from Councilmember Fernon P Feenstra, dated February 13, 1996, that with regard to the Annual Meeting of the Michigan Municipal Risk Management Authority, the Council does hereby designate the Finance Director, Michael T Slater, as the Official Representative and Voting Representative of the City of Livonia and does further designate Councilmember Valda Vandersloot as the alternate on a continuing basis, or until further order of the Council by Council Resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, and Brosnan NAYS Laura. The Vice President declared the resolution adopted On a motion by Feenstra, seconded by McGee, it was RESOLVED, that having considered a communication from Councilmember Fernon P Feenstra, dated February 13, 1996, the Council does hereby determine that Councilmember Fernon P Feenstra shall, until further action of the City Council, be designated as Parliamentarian of the City Council for a one-year period effective January 1, 1996, through December 31, 1996 President Laura cited Robert's Rules of Order which indicated that the President of the Council would chose a Parliamentarian when no ordinance spoke to who would have the choice Councilmember Feenstra disagreed, stating that the Council could determine its own procedures and decide who would act as Parliamentarian AMENDED PAGE - SEE #173-96 29351 From the audience, Denise Mika-Biga, 35354 Lancashire, stated that some of the actions of the Council appear to be self-serving. The Law Department served well when it came to term limits. Having the Law Department serve as Parliamentarian would be having a neutral umpire Michael Driscoll, 19229 Shadyside, also spoke, stating that this was an issue of personalities as to who is going to be appointed, and it appears that the block of four (4) wants to manipulate appointments. It's sad to see the Council President being "steam rolled " Jim Biga, 35354 Lancashire, stated that Robert's Rules is good enough for the Congress and the United States of America, where it allows the Speaker of the House to pick the Parliamentarian He stated that Robert's Rules is very specific, and he feels the Council is throwing away that book. Tim Bailey, 9826 Cranston, said he is ashamed of what is going on. "You're stripping us of our rights regarding term limits and now you're stripping Joe Laura of his rights." Joe Connelly, 32148 Camborne Lane, stated "God help this City " He also stated that Robert's Rules of Order means nothing to the Council A roll call vote was then taken on the resolution by Feenstra, seconded by McGee, as follows: #172-96 RESOLVED, that having considered a communication from Councilmember Fernon P Feenstra, dated February 13, 1996, the Council does hereby determine that Councilmember Fernon P Feenstra shall, until further action of the City Council, be designated as Parliamentarian of the City Council for a one-year period effective January 1, 1996, through December 31, 1996 with the following result: AYES McGee, Taylor, Duggan, Feenstra, and Brosnan NAYS Vandersloot and Laura. The Vice President declared the resolution adopted. On a motion by Feenstra, seconded by Taylor, it was. #173-96 RESOLVED, that having considered a communication from Councilmember Fernon P Feenstra, dated February 13, 1996, the Council does hereby designate Councilmember Fernon P Feenstra to be the member of the Council appointed to serve on the Board of Trustees for the Livonia Employees Retirement System on a continuing basis, or until further order of the Council by Council Resolution 29352 A roll call vote was taken on the foregoing resolution with the following result. AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, and Brosnan. NAYS Laura. The Vice President declared the resolution adopted. The President resumed the Chair at 11 37 p m. On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was: #174-96 WHEREAS, Senator David Honigman has introduced legislation to prohibit local government residency requirements, and WHEREAS, Senate Bill 766 was recently passed and expands the prohibition beyond just police and fire personnel to cover all public employees, and WHEREAS, the Livonia City Council opposes Senate Bill 766 which will prohibit any residency requirement, and WHEREAS, residency is a home rule and local control issue that should be decided locally by charter or at the bargaining table, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia hereby calls upon the Governor and the members of the Michigan Legislature to heed the needs of the home rule cities and allow residency requirements to remain part of the collective bargaining process and urge them to support local control by voting against any legislation barring residency requirements, BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Engler, State Senator David Honigman, State Senator R. Robert Geake, State Representative Lyn Bankes, State Representative Gerald Law, the MML State and Federal Affairs Division, and the Conference of Western Wayne On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #175-96 RESOLVED, that having considered a communication from the Director of Community Resources, dated February 5, 1996, which bears the signature of the Finance Director and is approved for 29353 submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept cash donations in the amount of$1,215 00 from the sources indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the same to Account #702- 000-285-216 for use in the Senior Citizen Programs. At the direction of the Chair, the letter from Joseph M. Laura, dated February 26, 1996, resigning from the Zoning Board of Appeals effective February 28, 1996, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Feenstra, and unanimously adopted, it was. #176-96 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Mary L. Zuckerman, 16442 Golfview, Livonia, Michigan 48154, is hereby appointed to the Zoning Board of Appeals effective February 28, 1996, to fill the unexpired term of Joseph M Laura, ending July 12, 1996, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207, and further provided that she takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk. The President relinquished the Chair to the Vice President at 11 45 p m. On a motion by Laura, seconded by Taylor, and unanimously adopted, it was. #177-96 RESOLVED, that having considered a letter from Council President Joe Laura, dated January 22, 1996, regarding the Zoning Board of Appeals Appointment Procedure, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation. The President resumed the Chair at 11 49 p m On a motion by Taylor, seconded by McGee, and unanimously adopted, it was. #178-96 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda. 29354 On a motion by McGee, seconded by Taylor, and unanimously adopted, it was #179-96 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 631-95, adopted on September 13, 1995 On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #180-96 RESOLVED, that the Council does hereby refer to the Finance, Insurance and Budget Committee for its report and recommendation the subject matter of Facility Reservation Fees as prescribed in the "City of Livonia Fees/Waivers" policy and the accompanying Four Category Grid During audience communication at the end of the meeting, the following individuals spoke 1) Charles Mirabitur, 34134 Fonville Court - indicated the attacks on Joe Laura disgust him One week something is okay and the next week it's not. He indicated the Council's conduct is a shame 2) Joe Connelly, 32148 Camborne Lane - remarked that he watches a lot of Council meetings, how the Councilmembers act, and that he will remember them at the next election. 3) Michael Driscoll, 19229 Shadyside - doesn't understand where the Council is going He hopes they will start representing themselves and not as a mob and grouping together Councilmember Duggan remarked that he represented the citizens in the best way he could regarding the term limits issue Council President Laura thanked Vice President Brosnan for doing an excellent job as the Chair during the periods it was relinquished to her On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, this 1,315th Regular Meeting of the Council of the City of Livonia was adjourned at 12 05 a.m., February 29, 1996 , )'� 7/4 Jo McCotter, City Clerk