HomeMy WebLinkAboutCOUNCIL MINUTES 1995-08-14 REVISED PAGE 28956
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SECOND
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On August 14, 1995, 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 03 p m Councilmember Brosnan delivered the
invocation
Roll was called with the following result: Maureen Miller Brosnan,
Laura M Toy, Dale A. Jurcisin, Fernon P Feenstra, Michael P McGee, Sean P
Kavanagh, and Gerald Taylor Absent. None
Elected and appointed officials present. Robert D Bennett, Mayor;
John Nagy, City Planner; Raul Galindo, City Engineer; George A. Weible,
Assistant City Attorney; Joan McCotter, City Clerk, Karen A. Szymula, Director of
Legislative Affairs, David Woodcox, Sr Building Inspector; Art Sippola, Traffic
Commission, William LaPine, Planning Commission, Jack Engebretson,
Planning Commission, Dorothy Wilshaw, Arts Commission, Thaddeus McCotter,
Wayne County Commissioner; and William C Fried, Municipal Building
Authority
Councilmember Feenstra asked for a moment of silence in
remembrance of Livonia resident Catherine Sullivan, who recently passed away
Councilmember Toy also asked for a moment of silence in memory
of Tom Waters, a member of the Monaghan Knights of Columbus, and for Mrs
Ina Kadish, wife of Paul Kadish, Michigan Municipal Risk Management Authority,
who also recently passed away
President Taylor acknowledged VJ Day (Victory in Japan), which
occurred on August 14, 1945
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On a motion by McGee, seconded by Kavanagh, and unanimously
adopted, it was
#550-95 RESOLVED, that the minutes of the 1,301st Regular
Meeting of the Council of the City of Livonia, held July 24, 1995,
are hereby approved as submitted
During the audience communication portion of the meeting,
several residents spoke They are as follows
1) Kathy Maxwell, 11406 Ingram - requested approval of a block party to be
held on Saturday, August 19, 1995
2) Kim Bowers, 11400 Berwick - requested approval of a block party to be
held on Sunday, August 27, 1995
Council President Taylor announced that these two items would be placed on
the Consent Agenda.
3) Paul St. Henry, 37500 Seven Mile - wants consistency in administering
the major road sidewalk policy throughout the City
4) Marcus Bass, 18420 Fremont - spoke to traffic lights on the north and
south side of Curtis on Middlebelt.
5) Ralph Williams, 18630 Foch - wants an ordinance to fine people who put
up political signs on public property
6) GuI Sailors, 18425 Melvin - spoke to the poor condition of Mr Jobe's
house (Agenda Item #12)
7) Mike Driscoll, 19229 Shadyside - inquired about the progress of the
proposed ordinance on detention centers
8) James Nelson, 9217 Inkster - upset about the condition of the street after
the water line restoration. When are they going to fix it properly?
9) Roger Steele, 18881 Merriman - questioned a letter received from the
Engineering Department requesting to purchase property for a right-of-way for
sidewalks on Merriman Road that aren't supposed to be installed there
10) David Reardon, 18500 Merriman - spoke to the subject of sidewalks on
Merriman Road
11) Georgia Kapsalis, 19060 Merriman - concerned about the possible
installation of sidewalks on Merriman Road and questioned the procedure of an
item that is in a committee
(CORRECTED PAGE-SEE CR #551-95)
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Councilmember Feenstra inquired about a resolution appointing a representative
for the Annual Meeting of the Michigan Municipal Risk Management Authority
On a motion by Jurcisin, seconded by Brosnan, and unanimously
adopted, it was
#551-95 RESOLVED, that with regard to the Annual Meeting
of the Michigan Municipal Risk Management Authority to be held in
Traverse City, Michigan, from August 17-20, 1995, 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 Fernon P
Feenstra as the alternate, and the City Clerk is hereby requested
to do all things necessary or incidental to the full performance of
this resolution
A communication from the Director of Finance, dated July 21,
1995, re forwarding various financial statements of the City of Livonia for the
month ending June 30, 1995, was received and placed on file for the information
of the Council
At the direction of the Chair, Items #4 & 5 were removed from the
Consent portion of the Agenda.
On a motion by McGee, seconded by Brosnan, it was.
#552-95 RESOLVED, that having considered an application
from Tracy Favaro, 17523 Rougeway, dated July 12, 1995,
requesting permission to close Rougeway between Six Mile Road
and Bobrich on Saturday, August 26, 1995, from 3 30 p m to 1000
p m for the purpose of conducting a block party, the Council does
hereby grant permission as requested, including therein permission
to conduct the said affair on Sunday, August 27, 1995, in the event
of inclement weather, the action taken herein being made subject
to the approval of the Police Department.
#553-95 RESOLVED, that having considered an application
from Larry Pashnick, 36973 Margareta, dated July 19, 1995,
requesting permission to close Margareta between Clarita and
Dardanella on Saturday, August 26, 1995, from 5 00 p m to 1000
p m for the purpose of conducting a block party, the Council does
hereby grant permission as requested, the action taken herein
being made subject to the approval of the Police Department.
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#554-95 RESOLVED, that having considered an application
from Stacey Anderson, 16156 Swathmore, dated July 24, 1995,
requesting permission to close Swathmore Court North (island
circle area) on Sunday, September 3, 1995, from 2 00 p m to 9 00
p m for the purpose of conducting a block party, the Council does
hereby grant permission as requested, the action taken herein
being made subject to the approval of the Police Department.
#555-95 RESOLVED, that having considered a communication
from the City Assessor, dated July 17, 1995, approved for
submission by the Mayor, with regard to a request from Mr Mark
Myers, 17200 Louise, Livonia, Michigan 48152, and in accordance
with the provisions of 1967 PA 288, as amended, as well as
Section 18 46 of Ordinance 543, as amended, the Council does
hereby approve of the proposed division and combination of Tax
Item Nos 46 044 99 0035 001, 46 044 99 0035 002, and 46 044
99 0036 000 into five (5) parcels, the legal descriptions of which
shall read as follows
PARCEL A.
Part of the S E 1/4 of Section 11, T 1 S , R.9E., City of Livonia,
Wayne County, Michigan, described as follows
Commencing at the S E corner of Section 11, T 1 S , R.9E., City of
Livonia, Wayne County, Michigan, thence on the south line of said
Section 11, N 89°58'03" W , 1,295 74', thence on the easterly
right-of-way line, and the southerly extension thereof, of Louise
Avenue (50 00' wide), N 00°25'00" W , 742 69', thence S
89°58'03" E., 516 75' to the point of beginning of the parcel herein
described, thence continuing S 89°58'03" E , 120 00' thence S
00°22'51" E , 82 31', thence S 89°56'07" W , 110 42', thence N
06°59'55" W , 83 12' to the point of beginning Containing 0 2179
acres
PARCEL B.
Part of the S E 1/4 of Section 11, T 1S , R.9E , City of Livonia,
Wayne County, Michigan, described as follows
Commencing at the S E corner of Section 11, T 1S , R.9E , City of
Livonia, Wayne County, Michigan, thence on the south line of said
Section 11, N 89°58'03" W , 1,295 74', thence on the easterly
right-of-way line, and the southerly extension thereof, of Louise
Avenue (50 00' wide), N 00°25'00" W , 742 69', thence S
89°58'03" E , 456 75' to the point of beginning of the parcel herein
described, thence continuing S 89°58'03" E , 60 00', thence S
06°59'55" E., 83 12', thence S 89°56'07" W , 60 00', thence N
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06°59'23" W , 83 22' to the point of beginning Containing 0 1137
acres
PARCEL C.
Part of the S E 1/4 of Section 11, T 1S , R.9E , City of Livonia,
Wayne County, Michigan, described as follows.
Commencing at the S E corner of Section 11, T 15 , R.9E., City of
Livonia, Wayne County, Michigan, thence on the south line of said
Section 11, N 89°58'03" W , 1,295 74', thence on the easterly
right-of-way line, and the southerly extension thereof, of Louise
Avenue (50 00' wide), N 00°25'00" W , 742 69', thence S
89°58'03" E., 306 40' to the point of beginning of the parcel herein
described; thence continuing S 89°58'03" E , 150 35', thence S
06°59'23" E., 83 22', thence S 89°56'07" W , 160 00', thence N
00°19'49" W , 82 87' to the point of beginning Containing 0 2947
acres
PARCEL D.
Part of the S E 1/4 of Section 11, T IS , R.9E , City of Livonia,
Wayne County, Michigan, described as follows.
Commencing at the S E. corner of Section 11, T IS , R.9E., City of
Livonia, Wayne County, Michigan, thence on the south line of said
Section 11, N 89°58'03" W , 1,295 74', thence on the easterly
right-of-way line, and the southerly extension thereof, of Louise
Avenue (50 00' wide), N 00°25'00" W , 682 60' to the point of
beginning of the parcel herein described, thence continuing on the
said easterly right-of-way line of Louise Avenue, N 00°25'00" W
60 09', thence S 89°58'03" E , 306 40', thence S 00°19'49" E.,
60 09', thence N 89°58'03" W , 306 31' to the point of beginning.
Containing 0 4225 acres
PARCEL E.
Part of the SE 1/4 of Section 11, T IS , R.9E , City of Livonia,
Wayne County, Michigan, described as follows
Commencing at the S E. corner of Section 11, T IS , R.9E., City of
Livonia, Wayne County, Michigan, thence on the south line of said
Section 11, N 89°58'03" W , 1,295 74', thence on the easterly
right-of-way line, and the southerly extension thereof, of Louise
Avenue (50 00' wide), N 00°25'00" W , 622.50' to the point of
beginning of the parcel herein described; thence continuing on the
said easterly right-of-way line of Louise Avenue, N 000250WW ,
60 10', thence S 89°58'03" E , 306 31', thence S 00°19'49" E ,
60 10', thence N 89°58'03" W , 306.22' to the point of beginning.
Containing 0 4225 acres
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as shown on the map attached to the aforesaid communication
which is made a part hereof by reference, and the City Clerk is
hereby requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds,
FURTHER, that this lot split and combination is approved subject
to the same public improvements being installed by the developer
as required in the subdivision to the north and immediately
adjacent to these parcels
#556-95 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated July 17, 1995, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of a firearm training simulator from Firearms Training
Systems, Inc., 7340 McGinnis Ferry Road, Suwanee, Georgia
30174, for the price of $56,871 00, the same to be expended from
funds already budgeted for this purpose in Account No 265-334-
987-000; FURTHER, the Council does hereby authorize the
purchase of 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 140D4
of the Livonia Code of Ordinances, as amended.
#557-95 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated July 18, 1995,
approved for submission by the Mayor, with respect to bids
received for ambulance billing services, the Council does hereby
refer this item to the Finance, Insurance and Budget Committee for
interviews of the top three-ranked firms, Medical Management
Systems of Michigan, Inc , Accumed Billing, Inc., and Parastar, and
for its report and recommendation regarding a selected candidate,
FURTHER, the Council does hereby authorize an extension of the
City's current contract with Accumed Billing, Inc. for providing
billing services on a month-to-month basis until a new contract is
executed.
#558-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 12, 1995, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, with regard to the improvement of
Roycroft Avenue, east of Middlebelt (Special Assessment District
No 372) which is located in the Southwest 1/4 of Section 13, the
Council does hereby determine that based upon actual costs, and
pursuant to provisions set forth in Section 3 08 270 of the Livonia
Code of Ordinances, as amended, that Special Assessment District
No 372 shall be revised and amended in accordance with the
revised assessment roll attached to the aforesaid communication
so as to revise the original assessment rate of $58 00 per foot to a
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new assessment rate of $62 80 per foot, which rate will reflect
actual costs incurred for this project; and the City Assessor is
hereby authorized to increase the assessments in the total amount
of$8,425 25 for parcels listed in the aforesaid communication
(Attachment III) so as to include the cost of additional work
requested by property owners within the assessment district;
FURTHER, the Council does hereby establish the final project cost
at $254,591 04, of which $162,071 73 is to be charged to the
Special Assessment District and $92,519 31 is to be assumed by
the City's Michigan Transportation Fund (Local Road Account)
receipts, FURTHER, the Council does hereby authorize an
expenditure in the amount of $162,071 73 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 and an
expenditure in the amount of $92,519 31 from Michigan
Transportation Fund (Local Road Account) receipts, FURTHER,
the City Assessor, City Clerk and City Treasurer are hereby
authorized to do all things necessary or incidental to fulfill the
purpose of this resolution.
#559-95 RESOLVED, that the Council does hereby request
that the Engineering Department prepare and send an explanatory
letter to affected property owners regarding the additional cost, and
the fact that the City assumed a part of this cost, for the
improvement of Roycroft Avenue, east of Middlebelt (Special
Assessment District No 372) which is located in the Southwest 1/4
of Section 13
#560-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 7, 1995,
approved as to form by the City Attorney and approved for
submission by 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 Underground Easement (Right-of-Way) No
R-9500624 which would grant an easement to the Detroit Edison
Company across the following described City-owned property
located in the Northeast 1/4 of Section 12
The North twelve feet (12') of the following parcel of land.
Lot 97, except the East 20 feet thereof, Garden Farms
Subdivision, as recorded in Liber 40, Page 56, W C R., said
subdivision being a part of the East 1/2 of the N E 1/4 of
Section 12, T 1 S , R. 9 E , City of Livonia, Wayne County,
Michigan
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#561-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 10, 1995, 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 Core Concrete Construction, Inc., 31088 Grennada,
Livonia, Michigan 48154, for the construction of missing sidewalk
on both sides of Newburgh Road from Joy Road to Ann Arbor
Road, as well as on the west side of Newburgh Road from
Plymouth Road to Schoolcraft Road (Contract 95-B) for the
estimated total cost of$87,419 00 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$87,419 00 from the General Obligation Road
Improvement Bond Issue, with the provision that same is to be
reimbursed in the amount of$64,440 00 from the Intermodal
Surface Transportation Efficiency Act (ISTEA) grant, via the
Michigan Department of Transportation, and the balance is to be
reimbursed at such time as funds are subsequently received from
the payment of bills and assessments by affected property owners,
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
#562-95 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, October 18,
1995, at 8-00 p m. at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 94-8-1-18, submitted by Haggerty Road Investments
for a change of zoning of property located on the east side
of Haggerty Road, north of Seven Mile Road, in the
Southwest 1/4 of Section 6, from OS to C-2, the City
Planning Commission in its resolution 8-141-95 having
recommended to the City Council that Petition 94-8-1-18 be
approved,
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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
amendment to the Zoning Ordinance, and/or (b) location of the
proposed change of zoning as set forth above, first to be published
in the official newspaper of the City or a newspaper of general
circulation in the City of Livonia as well as to, not less than fifteen
(15) days prior to said public hearing, cause to have notice to be
given by 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.
#563-95 RESOLVED, that in accordance with the provisions
set forth in Sectibn 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, October 2, 1995, at
7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item.
Petition 95-2-1-3, as amended, submitted by the City
Planning Commission, pursuant to CR 883-94, for a change
of zoning of property located north of Seven Mile Road, east
of the 1-275 Freeway in Section 6, from P0111 to PO1, P0111 to
P0, PO to P0111, C-411l to P0111, and P0111 to C-411I, the City
Planning Commission in its resolution 7-131-95 having
recommended to the City Council that Petition 95-2-1-3, as
amended, 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
amendment to the Zoning Ordinance, and/or (b) location of the
proposed change of zoning as set forth above, first to be published
in the official newspaper of the City or a newspaper of general
circulation in the City of Livonia as well as to, not less than fifteen
(15) days prior to said public hearing, cause to have notice to be
given by 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.
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#564-95 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, October 18,
1995, at 8.00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item.
Petition 95-5-1-11, as amended, submitted by J-P Properties
for a change of zoning of property located north 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, the City Planning
Commission in its resolution 8-143-95 having recommended
to the City Council that Petition 95-5-1-11, as amended, 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
amendment to the Zoning Ordinance, and/or (b) location of the
proposed change of zoning as set forth above, first to be published
in the official newspaper of the City or a newspaper of general
circulation in the City of Livonia as well as to, not less than fifteen
(15) days prior to said public hearing, cause to have notice to be
given by 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.
#565-95 RESOLVED, that having considered a communication
from Craig S Corbell, Partner, Hunter Homes, Inc., dated July 26,
1995, which in accordance with the provisions of Section 19 08 of
Ordinance 543, as amended, the Zoning Ordinance, takes an
appeal from a determination made on July 18, 1995, by the City
Planning Commission in its resolution 7-132-95 with regard to
Petition 95-6-2-22 submitted by Pacoma Purlingbrook LLC
requesting waiver use approval to construct cluster homes to be
located on the east side of Purlingbrook Avenue, north of Seven
Mile Road, in the Southeast 1/4 of Section 2, which property is
zoned R-1, the Council does hereby designate Wednesday,
September 20, 1995, at 7 00 p m 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
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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.
#566-95 RESOLVED, that having considered a communication
from the Hearing Officer (Director of Inspection), dated August 7,
1995, approved for submission by the Mayor Pro Tern, with respect
to a request to demolish a building located at 18405 Melvin,
Livonia, Michigan, the legal description of which is as follows.
That part of the West 1/2 of the Northeast 1/4 of Section 11
described as beginning at a point distant West 1569 96 feet
and South 2033 0 feet from the Northeast corner of Section
11 and proceeding thence South 200 0 feet; thence West
215 0 feet; thence North 200 0 feet; thence East 215 0 feet
to the point of beginning, except the East 30 0 feet thereof
0 85 acres
18405 Melvin, Sidwell No 46-041-99-0058-000
and a hearing having been conducted by the Hearing Officer on
July 19, 1995, at the conclusion of which, based upon the
testimony and evidence presented, it having been the
determination of the Hearing Officer that the said structure should
be demolished inasmuch as it represents a hazard and danger to
the public health, safety and welfare, the Council does hereby
determine, in accordance with the provisions set forth in Section
15 52 140 of the Livonia Code of Ordinances, as amended, that a
hearing shall take place before the City Council of the City of
Livonia on Wednesday, September 20, 1995, at 7 00 p m. at the
City Hall, 33000 Civic Center Drive, Livonia, Michigan,
FURTHER, the City Clerk is hereby requested to, no less than ten
(10) days prior to the aforesaid date of the said hearing, cause to
have a notice in writing of the aforesaid hearing to be mailed by
certified mail, return receipt requested addressed to the owner or
agent thereof, or person in control of such building or structure and
the mortgagee of record or lienholders of record, and if no such
party or parties can be located, then the notice shall be directed to
each owner of or party in interest in the building or structure in
whose name the property appears on the last local tax assessment
records,
AND FURTHER, the City Clerk is hereby requested to do all other
IL things necessary or incidental to the full performance of this
resolution
28967
#567-95 RESOLVED, that having considered an application
from Kathy Maxwell, 11406 Ingram, dated August 2, 1995,
requesting permission to close Ingram between Elmira and
Orangelawn on Saturday, August 19, 1995, from 1 00 p m. to 6 00
p m. for the purpose of conducting a block party, the Council does
hereby grant permission as requested, including therein permission
to conduct the said affair on Sunday, August 20, 1995, in the event
of inclement weather, the action taken herein being made subject
to the approval of the Police Department.
#568-95 RESOLVED, that having considered an application
from Kim Bowers, 11400 Berwick, dated August 2, 1995,
requesting permission to close Berwick between Plymouth and
Elmira on Sunday, August 27, 1995, from 11 00 a.m to 5 00 p m.
for the purpose of conducting a block party, the Council does
hereby grant permission as requested, the action taken herein
being made subject to the approval of the Police Department.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Toy, Jurcisin, Feenstra, McGee, Kavanagh, and
Taylor
NAYS None
The following individuals from the audience spoke regarding the
next Agenda item
1) Ray Patrick Dedmon, 19116 Parkville, Livonia, MI
2) Kimberly Edwards, 19810 Parkville, Livonia, MI
3) Frankie Corey, 19804 Parkville, Livonia, MI
4) Virginia Barill, 19693 Parkville, Livonia, MI
5) Geraldine Crossley, 19830 Parkville, Livonia, MI
On a motion by Feenstra, seconded by Kavanagh, it was
RESOLVED, that having considered a communication
from Louis and Tammy Terzano, 20205 Parkville Street, Livonia,
Michigan 48152, received by the City Clerk's Office on July 7,
1995, to which is attached a petition from persons residing on
Parkville Street, east of Middlebelt and north of Seven Mile Road,
requesting that sidewalks be installed on both sides of Parkville
Street between Seven Mile Road and Morlock in Section 1, and a
communication from the City Engineer, dated August 7, 1995,
concerning installation of sidewalks on Parkville between Seven
Mile Road and Morlock in Section 1, in the City of Livonia, said list
being included herein by reference, and for the reasons stated, the
Council does hereby require the respective owners of lots and
28968
premises referred to in said list to install sidewalks at such
premises, and the City Clerk is hereby requested to do all things
necessary to carry out the provisions of this resolution which is
made pursuant to Section 340 of Title 12, Chapter 4, 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 sidewalks on or before November 1,
1995, after which date the Engineering Department shall arrange
for the construction and/or reconstruction of the said sidewalks in
accordance with Section 12 04 350 of the Livonia Code of
Ordinances, as amended, as an inclusion to the 1996 Sidewalk
Program, which program will include all required work which has
not been completed by private property owners by November 1,
1995, FURTHER, the Council does hereby authorize the
construction and/or reconstruction of various sections of sidewalks
and crosswalks at certain locations in this area inasmuch as the
same are the City's responsibility, FURTHER, the Council
authorizes an advance of $106,540 22 from the General Obligation
Road Improvement Bond Issue, subject to reimbursement from the
special assessment receipts, and an amount of $10,000 00 from
the Michigan Transportation Fund (Local Road Account) to pay for
the City's portion of this project.
On a motion by McGee, seconded by Brosnan, it was
#569-95 RESOLVED, that having considered a communication
from Louis and Tammy Terzano, 20205 Parkville Street, Livonia,
Michigan 48152, received by the City Clerk's Office on July 7,
1995, to which is attached a petition from persons residing on
Parkville Street, east of Middlebelt and north of Seven Mile Road,
requesting that sidewalks be installed on both sides of Parkville
Street between Seven Mile Road and Morlock in Section 1, and a
communication from the City Engineer, dated August 7, 1995,
concerning installation of sidewalks on Parkville between Seven
Mile Road and Morlock in Section 1, the Council does hereby refer
this matter to the Streets, Roads and Plats Committee for its report
and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Toy, Jurcisin, McGee, and Taylor
NAYS Feenstra and Kavanagh
The President declared the resolution adopted
Anita Lomas, 9179 Cardwell, Livonia, MI, spoke regarding the next
Agenda item
28969
On a motion by Jurcisin, seconded by Brosnan, and unanimously
adopted, it was
#570-95 RESOLVED, that having considered a communication
from the City Assessor, dated July 13, 1995, approved for
submission by the Mayor, with regard to a request from Mr Andrew
Lendrum, 19182 Augusta Court, Livonia, Michigan 48152, and in
accordance with the provisions of 1967 PA 288, as amended, as
well as Section 18 46 of Ordinance 543, as amended, the Council
does hereby approve of the proposed division and combination of
Tax Item Nos 46 144 99 0057 000, 46 144 99 0058 000 and 46
144 99 0059 000 into two parcels, the legal descriptions of which
shall read as follows
PARCEL A.
That part of the S E. 1/4 of Section 36, T 1 S , R. 9 E., City of
Livonia, Wayne County, Michigan, described as beginning at a
point in the W line of Cardwell Ave (50 ft. wide), said point being
distant N 89° 41' W 1107 11 ft. and N 0° 04' 40" E 1517 70 ft.
meas. (1518 00 rec.) from the S E corner of Section 36, thence N
89° 41' W 220 00 ft; thence N 0° 04' 40" E 60 00 ft. , thence S
89° 41' E. 220 00 ft., thence S 0° 04' 40" W 60 00 ft. along the
Westerly line of Cardwell Ave (50 ft. wide) to the point of
beginning.
PARCEL B.
That part of the SE 1/4 of Section 36, T 1 S , R. 9 E , City of
Livonia, Wayne County, Michigan, described as beginning at a
point in the W line of Cardwell Ave (50 ft. wide), said point being
distant N 89° 41' W 1107 11 ft. and N 0° 04' 40" E. 1457 70 ft.
meas (1458 00 rec.) from the S E corner of Section 36, thence N
89° 41' W 220 00 ft., thence N 0° 04' 40" E 60 00 ft., thence S
89° 41' E. 220 00 ft., thence S 0° 04' 40" W 60 00 ft. along the
Westerly line of Cardwell Ave (50 ft. wide) to the point of
beginning
as shown on the map attached to the aforesaid communication
which is made a part hereof by reference, and the City Clerk is
hereby requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds,
provided, however, that to the extent required by law and City
ordinance, the action herein is made subject to the approval of the
Zoning Board of Appeals
The following individuals from the audience spoke regarding the
next Agenda item
28970
1) Al Flores, 17138 Oporto, Livonia, MI
2) Jason Schonheit
3) Greg Spiewak, 18320 Loveland, Livonia, MI
The President relinquished the Chair to the Vice President at 9 21 p m
On a motion by Feenstra, seconded by Taylor, it was
RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated July 20,
1995, and submitted pursuant to Council Resolution 415-95,
WHEREAS, at the November 8, 1994, General Election, a Charter
Amendment was approved by the Livonia voters to prohibit the
Mayor and City Council members from seeking reelection after
having served two consecutive terms in that particular office, and
WHEREAS, a supporter of the initiatory petition proposing the
foregoing Charter Amendment has subsequently requested that the
Council of the City of Livonia submit a proposed Charter
amendment to the qualified electors of the City to be voted upon
and which would extend the term limits provision to apply to the
City Clerk and City Treasurer; and
WHEREAS, the Council of the City of Livonia has determined that
such request should be approved in order to promote uniformity
among elected offices with respect to this issue,
NOW, THEREFORE, BE IT RESOLVED that the Council of the
City of Livonia, by a three-fifths (315) vote of the members of said
Council and pursuant to the provisions of Section 21 of Article 279
of the Public Acts of Michigan of 1909, as amended, does hereby
propose that the Livonia City Charter be amended by changing
Section 2 of Chapter V, which changed section shall read as
follows
Chapter V, Section 2. Election; appointment; terms.
The Mayor, City Treasurer and City Clerk shall be elected
by election from the City at large Said elective officers shall
be elected at each City regular City election. The term of
office of the Mayor shall be four (4) years, and term of office
of the City Clerk and City Treasurer shall be for two (2)
years commencing on the first Monday following the City
election at which they are elected and ending when their
respective successors have been duly elected and qualified
The Mayor shall be prohibited from seeking reelection after
having served two (2) consecutive terms in that particular
office THE CITY TREASURER AND CITY CLERK SHALL
BE PROHIBITED FROM SEEKING REELECTION IF THEY
28971
HAVE SERVED, OR AFTER HAVING SERVED, EIGHT (8)
CONSECUTIVE YEARS IN THAT PARTICULAR OFFICE.
All other appointive officers and members of boards and
commissions, unless otherwise provided in this Charter,
shall be appointed by the Mayor Each appointive officer or
member of any board or commission, unless otherwise
provided in this Charter, shall hold office at the pleasure of
the official or body appointing him
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 V, Section 2. Election; appointment; terms.
The Mayor, City Treasurer and City Clerk shall be elected
by election from the City at large Said elective officers shall
be elected at each City regular City election. The term of
office of the Mayor shall be four (4) years, and term of office
of the City Clerk and City Treasurer shall be for two (2)
years commencing on the first Monday following the City
election at which they are elected and ending when their
respective successors have been duly elected and qualified
The Mayor shall be prohibited from seeking reelection after
having served two (2) consecutive terms in that particular
office All other appointive officers and members of boards
and commissions, unless otherwise provided in this Charter,
shall be appointed by the Mayor Each appointive officer or
member of any board or commission, unless otherwise
provided in this Charter, shall hold office at the pleasure of
the official or body appointing him
RESOLVED FURTHER, that the purpose of the proposed
amendment shall be designated on the ballot as follows
City Charter amendment which provides that the City
Treasurer and City Clerk shall be prohibited from
seeking reelection if they have served, or after having
served, eight (8) consecutive years in that particular
office.
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
28972
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 General Election to be held on November
7, 1995, 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 electors in the following form, to wit:
Are you in favor of amending Chapter V, Section 2 of the
Livonia City Charter to provide that the City Treasurer
and City Clerk shall be prohibited from seeking
reelection if they have served, or after having served,
eight (8) consecutive years in that particular office?
Yes / /
No /
RESOLVED FURTHER, that the proposed amendment shall be
published in full, together with the existing Charter provisions
altered, abrogated or affected thereby, at least once in the official
newspaper of the City of Livonia at least ten (10) days prior to said
General Election to be held on November 7, 1995
On a motion by Kavanagh, seconded by Toy, it was
RESOLVED, that the City Council does hereby
determine to adopt a substitute resolution which would insert the
effective date of January 1, 1996, into the foregoing resolution
A roll call vote was taken on the motion to substitute with the following result:
AYES Brosnan, Toy, McGee, and Kavanagh
NAYS Jurcisin, Feenstra, and Taylor
The Vice President declared the motion to substitute adopted
On a motion by Kavanagh, seconded by Toy, it was
RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated July 20,
1995, and submitted pursuant to Council Resolution 415-95,
WHEREAS, at the November 8, 1994, General Election, a Charter
REVISED PAGE
28973
Amendment was approved by the Livonia voters to prohibit the
Mayor and City Council members from seeking reelection after
having served two consecutive terms in that particular office, and
WHEREAS, a supporter of the initiatory petition proposing the
foregoing Charter Amendment has subsequently requested that the
Council of the City of Livonia submit a proposed Charter
amendment to the qualified electors of the City to be voted upon
and which would extend the term limits provision to apply to the
City Clerk and City Treasurer; and
WHEREAS, the Council of the City of Livonia has determined that
such request should be approved in order to promote uniformity
among elected offices with respect to this issue,
NOW, THEREFORE, BE IT 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 Article 279
of the Public Acts of Michigan of 1909, as amended, does hereby
propose that the Livonia City Charter be amended by changing
Section 2 of Chapter V, which changed section shall read as
follows
Chapter V, Section 2. Election; appointment; terms.
The Mayor, City Treasurer and City Clerk shall be elected
by election from the City at large Said elective officers shall
be elected at each City regular City election The term of
office of the Mayor shall be four (4) years, and term of office
of the City Clerk and City Treasurer shall be for two (2)
years commencing on the first Monday following the City
election at which they are elected and ending when their
respective successors have been duly elected and qualified
The Mayor shall be prohibited from seeking reelection after
having served two (2) consecutive terms in that particular
office EFFECTIVE JANUARY 1, 1996, THE CITY
TREASURER AND CITY CLERK SHALL BE PROHIBITED
FROM SEEKING REELECTION IF THEY HAVE SERVED,
OR AFTER HAVING SERVED, EIGHT (8) CONSECUTIVE
YEARS IN THAT PARTICULAR OFFICE. All other
appointive officers and members of boards and
commissions, unless otherwise provided in this Charter,
shall be appointed by the Mayor Each appointive officer or
member of any board or commission, unless otherwise
provided in this Charter, shall hold office at the pleasure of
the official or body appointing him
28974
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 V, Section 2. Election; appointment; terms.
The Mayor, City Treasurer and City Clerk shall be elected
by election from the City at large Said elective officers shall
be elected at each City regular City election The term of
office of the Mayor shall be four (4) years, and term of office
of the City Clerk and City Treasurer shall be for two (2)
years commencing on the first Monday following the City
election at which they are elected and ending when their
respective successors have been duly elected and qualified
The Mayor shall be prohibited from seeking reelection after
having served two (2) consecutive terms in that particular
office All other appointive officers and members of boards
and commissions, unless otherwise provided in this Charter,
shall be appointed by the Mayor Each appointive officer or
member of any board or commission, unless otherwise
provided in this Charter, shall hold office at the pleasure of
the official or body appointing him
RESOLVED FURTHER, that the purpose of the proposed
amendment shall be designated on the ballot as follows
City Charter amendment which provides that, effective
January 1, 1996, the City Treasurer and City Clerk shall
be prohibited from seeking reelection if they have
served, or after having served, eight (8) consecutive
years in that particular office.
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 General Election to be held on November
7, 1995, 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
28975
RESOLVED FURTHER, that the proposed amendment shall be
submitted to electors in the following form, to wit:
Are you in favor of amending Chapter V, Section 2 of the
Livonia City Charter to provide that, effective January 1,
1996, the City Treasurer and City Clerk shall be
prohibited from seeking reelection if they have served,
or after having served, eight (8) consecutive years in
that particular office?
Yes / /
No / /
RESOLVED FURTHER, that the proposed amendment shall be
published in full, together with the existing Charter provisions
altered, abrogated or affected thereby, at least once in the official
newspaper of the City of Livonia at least ten (10) days prior to said
General Election to be held on November 7, 1995
A roll call vote was taken on the substitute resolution as follows
AYES Brosnan, Toy, McGee, and Kavanagh
NAYS Jurcisin, Feenstra, and Taylor
The Vice President declared the substitute resolution denied (as five affirmative
votes are required)
Taylor requested and received permission of the Council to change his vote,
which resulted in the following.
On a motion by Kavanagh, seconded by Toy, it was
#571-95 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated July 20,
1995, and submitted pursuant to Council Resolution 415-95,
WHEREAS, at the November 8, 1994, General Election, a Charter
Amendment was approved by the Livonia voters to prohibit the
Mayor and City Council members from seeking reelection after
having served two consecutive terms in that particular office, and
WHEREAS, a supporter of the initiatory petition proposing the
foregoing Charter Amendment has subsequently requested that the
Council of the City of Livonia submit a proposed Charter
amendment to the qualified electors of the City to be voted upon
REVISED PAGE
28976
and which would extend the term limits provision to apply to the
City Clerk and City Treasurer; and
WHEREAS, the Council of the City of Livonia has determined that
such request should be approved in order to promote uniformity
among elected offices with respect to this issue,
NOW, THEREFORE, BE IT 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 Article 279
of the Public Acts of Michigan of 1909, as amended, does hereby
propose that the Livonia City Charter be amended by changing
Section 2 of Chapter V, which changed section shall read as
follows
Chapter V, Section 2. Election; appointment; terms.
The Mayor, City Treasurer and City Clerk shall be elected
by election from the City at large Said elective officers shall
be elected at each City regular City election The term of
office of the Mayor shall be four (4) years, and term of office
of the City Clerk and City Treasurer shall be for two (2)
years commencing on the first Monday following the City
election at which they are elected and ending when their
respective successors have been duly elected and qualified.
The Mayor shall be prohibited from seeking reelection after
having served two (2) consecutive terms in that particular
office EFFECTIVE JANUARY 1, 1996, THE CITY
TREASURER AND CITY CLERK SHALL BE PROHIBITED
FROM SEEKING REELECTION IF THEY HAVE SERVED,
OR AFTER HAVING SERVED, EIGHT (8) CONSECUTIVE
YEARS IN THAT PARTICULAR OFFICE All other
appointive officers and members of boards and
commissions, unless otherwise provided in this Charter,
shall be appointed by the Mayor Each appointive officer or
member of any board or commission, unless otherwise
provided in this Charter, shall hold office at the pleasure of
the official or body appointing him
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 V, Section 2. Election; appointment; terms.
The Mayor, City Treasurer and City Clerk shall be elected
by election from the City at large Said elective officers shall
be elected at each City regular City election. The term of
office of the Mayor shall be four (4) years, and term of office
of the City Clerk and City Treasurer shall be for two (2)
28977
years commencing on the first Monday following the City
election at which they are elected and ending when their
respective successors have been duly elected and qualified
The Mayor shall be prohibited from seeking reelection after
having served two (2) consecutive terms in that particular
office All other appointive officers and members of boards
and commissions, unless otherwise provided in this Charter,
shall be appointed by the Mayor Each appointive officer or
member of any board or commission, unless otherwise
provided in this Charter, shall hold office at the pleasure of
the official or body appointing him
RESOLVED FURTHER, that the purpose of the proposed
amendment shall be designated on the ballot as follows
City Charter amendment which provides that, effective
January 1, 1996, the City Treasurer and City Clerk shall
be prohibited from seeking reelection if they have
served, or after having served, eight (8) consecutive
years in that particular office.
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 General Election to be held on November
7, 1995, 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 electors in the following form, to wit:
Are you in favor of amending Chapter V, Section 2 of the
Livonia City Charter to provide that, effective January 1,
1996, the City Treasurer and City Clerk shall be
prohibited from seeking reelection if they have served,
or after having served, eight (8) consecutive years in
that particular office?
28978
Yes / /
No / /
RESOLVED FURTHER, that the proposed amendment shall be
published in full, together with the existing Charter provisions
altered, abrogated or affected thereby, at least once in the official
newspaper of the City of Livonia at least ten (10) days prior to said
General Election to be held on November 7, 1995
AYES Brosnan, Toy, McGee, Kavanagh, and Taylor
NAYS Jurcisin and Feenstra.
The Vice President declared the substitute resolution adopted
The President resumed the Chair at 9 56 p m
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#572-95 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated July 20,
1995, submitted pursuant to Council Resolution 445-95, and the
report and recommendation of the Department of Law, dated June
9, 1995, submitted pursuant to Council Resolution 198-95,
regarding the subject of term limits for the Mayor and
Councilmembers, the Council does hereby determine to take no
further action with respect to this matter
Several individuals from the audience spoke regarding the next
Agenda item They are as follows
1) Lillian Edney, 15405 Harrison, Livonia, MI
2) Denise Mica-Biga, 35354 Lancashire, Livonia, MI
3) Jim Biga, 35354 Lancashire, Livonia, MI
4) Greg Spiewak, 18320 Loveland, Livonia, MI
5) Gus Tawil, 18830 Nola, Livonia, MI
6) Joe Connelly, 32148 Camborne, Livonia, MI
7) Phyllis Scherman, 31921 Pembroke, Livonia, MI
8) Laurie Good, 37379 St. Martins, Livonia, MI
On a motion by Jurcisin, seconded by Brosnan, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 20,
1995, submitted pursuant to Council Resolution 416-95, NOW,
REVISED PAGE
28979
THEREFORE, BE IT 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 Article 279 of the
Public Acts of Michigan of 1909, as amended, does hereby
propose that the Livonia City Charter be amended effective
January 1, 1998, by changing Section 2 of Chapter V, which
changed section shall read as follows
Chapter V, Section 2. Election, appointment; terms.
The Mayor and City Clerk shall be elected by election from
the City at large Said elective officers shall be elected at
each City regular City election The term of office of the
Mayor shall be four (4) years, and term of office of the City
Clerk shall be for two (2) years commencing on the first
Monday following the City election at which they are elected
and ending when their respective successors have been
duly elected and qualified The Mayor shall be prohibited
from seeking reelection after having served two (2)
consecutive terms in that particular office EFFECTIVE
JANUARY 1, 1998, THE POSITION OF CITY TREASURER
SHALL BE ELIMINATED AND ALL DUTIES THEREOF
SHALL BE PERFORMED BY THE CHARTER-
ESTABLISHED OFFICE OF THE DIRECTOR OF FINANCE
WHO IS REQUIRED TO BE A CERTIFIED PUBLIC
ACCOUNTANT All other appointive officers and members
of board and commissions, unless otherwise provided in this
Charter, shall be appointed by the Mayor Each appointive
officer or member of any board or commission, unless
otherwise provided in this Charter, shall hold office at the
pleasure of the official or body appointing him
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 V, Section 2. Election; appointment; terms.
The Mayor, City Treasurer and City Clerk shall be elected
by election from the City at large Said elective officers shall
be elected at each City regular City election. The term of
office of the Mayor shall be four (4) years, and term of office
of the City Clerk and City Treasurer shall be for two (2)
years commencing on the first Monday following the City
election at which they are elected and ending when their
respective successors have been duly elected and qualified.
The Mayor shall be prohibited from seeking reelection after
having served two (2) consecutive terms in that particular
office All other appointive officers and members of boards
28980
and commissions, unless otherwise provided in this Charter,
shall be appointed by the Mayor Each appointive officer or
member of any board of commission, unless otherwise
provided in this Charter, shall hold office at the pleasure of
the official or body appointing him.
RESOLVED FURTHER, that the purpose of the proposed
amendment shall be designated on the ballot as follows
City Charter amendment providing that, effective
January 1, 1998, the position of City Treasurer shall be
eliminated and all duties thereof shall be performed by
the Charter-established office of the Director of Finance
who is required to be a certified public accountant.
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 General Election to be held on November
7, 1995, 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 electors in the following form, to wit:
Are you in favor of amending Chapter V, Section 2 of the
City Charter, effective January 1, 1998, to eliminate the
position of City Treasurer and to provide that all duties
thereof shall be performed by the Charter-established
office of the Director of Finance who is required to be a
certified public accountant?
Yes / /
No / /
REVISED PAGE
28981
RESOLVED FURTHER, that the proposed amendment shall be
published in full, together with the existing Charter provisions
altered, abrogated or affected thereby, at least once in the official
newspaper of the City of Livonia at least ten (10) days prior to said
General Election to be held on November 7, 1995
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Jurcisin, McGee, and Taylor
NAYS Toy, Feenstra, and Kavanagh
The President declared the resolution denied (as five affirmative votes are
required)
Feenstra requested and received permission of the Council to change his vote,
which resulted in the following
On a motion by Jurcisin, seconded by Brosnan, it was
#573-95 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 20,
1995, submitted pursuant to Council Resolution 416-95, NOW,
THEREFORE, BE IT 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 Article 279 of the
Public Acts of Michigan of 1909, as amended, does hereby
propose that the Livonia City Charter be amended effective
January 1, 1998, by changing Section 2 of Chapter V, which
changed section shall read as follows
Chapter V, Section 2. Election; appointment; terms.
The Mayor and City Clerk shall be elected by election from
the City at large Said elective officers shall be elected at
each City regular City election The term of office of the
Mayor shall be four (4) years, and term of office of the City
Clerk shall be for two (2) years commencing on the first
Monday following the City election at which they are elected
and ending when their respective successors have been
duly elected and qualified The Mayor shall be prohibited
from seeking reelection after having served two (2)
consecutive terms in that particular office. EFFECTIVE
JANUARY 1, 1998, THE POSITION OF CITY TREASURER
SHALL BE ELIMINATED AND ALL DUTIES THEREOF
SHALL BE PERFORMED BY THE CHARTER-
ESTABLISHED OFFICE OF THE DIRECTOR OF FINANCE
WHO IS REQUIRED TO BE A CERTIFIED PUBLIC
ACCOUNTANT All other appointive officers and members
28982
of board and commissions, unless otherwise provided in this
Charter, shall be appointed by the Mayor Each appointive
officer or member of any board or commission, unless
otherwise provided in this Charter, shall hold office at the
pleasure of the official or body appointing him
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 V, Section 2. Election; appointment; terms.
The Mayor, City Treasurer and City Clerk shall be elected
by election from the City at large Said elective officers shall
be elected at each City regular City election The term of
office of the Mayor shall be four (4) years, and term of office
of the City Clerk and City Treasurer shall be for two (2)
years commencing on the first Monday following the City
election at which they are elected and ending when their
respective successors have been duly elected and qualified
The Mayor shall be prohibited from seeking reelection after
having served two (2) consecutive terms in that particular
office All other appointive officers and members of boards
and commissions, unless otherwise provided in this Charter,
shall be appointed by the Mayor Each appointive officer or
member of any board of commission, unless otherwise
provided in this Charter, shall hold office at the pleasure of
the official or body appointing him.
RESOLVED FURTHER, that the purpose of the proposed
amendment shall be designated on the ballot as follows
City Charter amendment providing that, effective
January 1, 1998, the position of City Treasurer shall be
eliminated and all duties thereof shall be performed by
the Charter-established office of the Director of Finance
who is required to be a certified public accountant.
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 General Election to be held on November
7, 1995, and the City Clerk is hereby directed to give notice of
28983
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 electors in the following form, to wit:
Are you in favor of amending Chapter V, Section 2 of the
City Charter, effective January 1, 1998, to eliminate the
position of City Treasurer and to provide that all duties
thereof shall be performed by the Charter-established
office of the Director of Finance who is required to be a
certified public accountant?
Yes / /
No / /
RESOLVED FURTHER, that the proposed amendment shall be
published in full, together with the existing Charter provisions
altered, abrogated or affected thereby, at least once in the official
newspaper of the City of Livonia at least ten (10) days prior to said
General Election to be held on November 7, 1995
AYES Brosnan, Jurcisin, Feenstra, McGee, and Taylor
NAYS Toy and Kavanagh
The President declared the resolution adopted
At the direction of the Chair, a letter from Geraldine W Joyner,
Jack R. Engebretson, Colleen McClorey, D Scott Staulter, and Janet C Cooper,
dated July 19, 1995, re requesting a revision of the General Charter of the City
of Livonia and asking that this subject matter be put on the ballot of the
November General Election was received and placed on file for the information
of the Council
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was.
28984
#574-95 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 20,
1995, submitted pursuant to Council Resolution 416-95, the
Council does hereby discharge the Committee of the Whole from
further consideration of Council Resolution 869-92 relating to the
proposal that a City of Livonia Charter Revision Commission be
established
On a motion by Jurcisin, seconded by Kavanagh, it was
RESOLVED, that the Council does hereby determine
that the question of whether to establish a City of Livonia Charter
Revision Committee be put on the ballot of the November General
Election
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Toy, Jurcisin, and Kavanagh
NAYS Feenstra, McGee, and Taylor
The President declared the resolution denied (as five affirmative votes are
required)
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was.
#575-95 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 20,
1995, submitted pursuant to Council Resolution 416-95, the
Council does hereby request that the President of the Council
establish a public hearing date or dates for the purpose of
receiving comments from residents of this community as to whether
or not a Charter Revision Commission is needed
At the direction of the Chair, no further action was taken regarding
the subject of term limits for the Mayor and Councilmembers, after having
considered the report and recommendation of the Committee of the Whole,
dated July 20, 1995, submitted pursuant to Council Resolution 445-95, and the
report and recommendation of the Department of Law, dated June 9, 1995,
submitted pursuant to Council Resolution 198-95
28985
Feenstra gave first reading to the following Ordinance
LAN ORDINANCE AMENDING SECTION 14 02
OF ARTICLE XIV AND SECTION 15 03 OF
ARTICLE XV OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE"
(Petition 95-3-6-2)
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
Jurcisin took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 130 OF
TITLE 9, CHAPTER 94 (DISCHARGING FIREARMS) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Toy, Jurcisin, Feenstra, McGee, Kavanagh, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#576-95 RESOLVED, that having considered a communication
from the City Assessor, dated June 19, 1995, approved for
submission by the Mayor, with regard to a request from Mr Rex
Yount, 36650 Joy, Livonia, Michigan 48150, to divide and combine
Tax Item Nos. 46 127 99 0003 001 and 46 127 99 0002 001 into
three parcels, the Council does hereby refer this item to the
Committee of the Whole for its report and recommendation
28986
On a motion by McGee, seconded by Jurcisin, it was
#577-95 RESOLVED, that having considered a letter from
Thomas P Martin, Dean & Fulkerson, P C , 801 West Big Beaver
Road, Troy, Michigan 48084-4787, dated July 26, 1995, submitted
in behalf of Moeller Manufacturing Company, Inc., wherein it is
indicated that Moeller Manufacturing Company, Inc. has
transferred facilities from 12173 Market Street, Livonia, Michigan
48150, to Plymouth Township, and which further indicates that
Moeller Manufacturing Company, Inc. desires to obtain a 1974 P A.
198 exemption for the Plymouth Township facilities, the Council
does hereby consent to the transfer as herein requested; and the
City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Toy, Jurcisin, Feenstra, McGee, and Taylor
NAYS Kavanagh
The President declared the resolution adopted
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#578-95 RESOLVED, that the Council does hereby refer the
matter of the development of a written policy regarding 1974 P.A.
198 requests to transfer facilities, which would be sent to all future
potential applicants, to the Livonia Economic Development Office
for its report and recommendation
On a motion by Jurcisin, seconded by Brosnan, it was
#579-95 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 25, 1995, which
sets forth its resolution 5-74-95 adopted on May 9, 1995, with
regard to Petition 95-3-1-5, submitted by Brashear, Tangora &
Spence for Ronald Borkowski for a change of zoning of property
located on the east side of Haller Avenue, north of Plymouth Road,
in the Southwest 1/4 of Section 25, from C-2 and R-1 to R-6, and
the Council having conducted a public hearing with regard to this
matter on July 19, 1995, pursuant to Council Resolution 372-95,
the Council does hereby approve Petition 95-3-1-5 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
28987
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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Jurcisin, Kavanagh, and Taylor
NAYS Toy, Feenstra, and McGee
The President declared the resolution adopted
On a motion by Kavanagh, seconded by Feenstra, and
unanimously adopted, it was
#580-95 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 25, 1995, which
sets forth its resolution 5-75-95, adopted on May 9, 1995, with
regard to Petition 95-4-1-6, submitted by William C Premo, for a
change of zoning of property located on the west side of Middlebelt
Road, north of Puritan Avenue, in the Northwest 1/4 of Section 14,
from OS to C-1, and the Council having conducted a public hearing
with regard to this matter on July 19, 1995, pursuant to Council
Resolution 372-95, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 95-4-1-6
is hereby denied for the following reasons.
1 That the proposed change of zoning is inconsistent with the
Future Land Use Plan designation of office for the subject
area;
2 That the proposed change of zoning is inconsistent with the
existing OS zoning district occurring on the lands both north
and south of the subject property;
3 That this general area along Middlebelt Road is currently
well served with a variety of commercial uses, and
4 That there is no demonstrated need for additional C-1 zoned
lands in this section of the City
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
28988
#581-95 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 25, 1995, which
sets forth its resolution 5-82-95 adopted on May 9, 1995, with
regard to Petition 95-3-6-3, submitted by the City Planning
Commission to determine whether or no to amend Section 18 42 of
the Zoning Ordinance which would exempt the new smaller
satellite dishes from site plan approval, and the Council having
conducted a public hearing with regard to this matter on July 19,
1995, pursuant to Council Resolution 372-95, the Council does
hereby approve Petition 95-3-6-3, as revised, to specify that
satellite dish antennas which do not exceed 24" in diameter or 500
square inches in area, whichever is greater, shall not require site
plan approval, for preparation of the ordinance for submission to
Council, and the Department of Law is requested to prepare an
ordinance amending Ordinance 543, as amended, in accordance
with this resolution
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was
#582-95 RESOLVED, that having considered a communication
from the City Clerk, dated August 3, 1995, which indicates that the
proprietor of the Fargo Woods Subdivision, located on the
southeast corner of Fargo Avenue and Merriman Road in the
Northwest 1/4 of Section 2, 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 August 3, 1995, wherein said
Commission approved the final plat for the said subdivision in its
resolution 8-146-95, adopted on August 1, 1995, and the Council
having considered a report from the City Engineer, dated July 28,
1995, recommending approval of the final plat of said subdivision,
the preliminary plat of which was approved by the Council in its
resolution 92-92, adopted on February 5, 1992, said preliminary
plat having been recommended for approval by the City Planning
Commission on February 19, 1991, in its resolution 2-30-91, NOW,
THEREFORE, the Council does hereby determine to grant its
approval to the final plat of Fargo Woods Subdivision, located in
the Northwest 1/4 of Section 2, 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 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.
28989
A communication from the Director of Finance, dated July 26,
1995, re the audit reports prepared by Plante & Moran for the City of Livonia
(Financial Report with Additional Information dated November 30, 1994), for
District Court Funds of District No 16 of the City of Livonia (Financial Report
with Additional Information dated November 30, 1994), for the Economic
Development Corporation of the City of Livonia (Financial Report dated
November 30, 1994) and for the Federal Financial Assistance Programs of the
City of Livonia (Supplemental Information dated November 30, 1994), was
received and placed on file for the information of the Council
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#583-95 RESOLVED, that the Council does hereby refer to the
Finance, Insurance, and Budget Committee for its report and
recommendation the audit reports prepared by Plante & Moran for
the City of Livonia (Financial Report with Additional Information
dated November 30, 1994), for District Court Funds of District No
16 of the City of Livonia (Financial Report with Additional
Information dated November 30, 1994), for the Economic
Development Corporation of the City of Livonia (Financial Report
dated November 30, 1994) and for the Federal Financial
Assistance Programs of the City of Livonia (Supplemental
Information dated November 30, 1994)
On a motion by Toy, seconded by Brosnan, and unanimously
adopted, it was
#584-95 RESOLVED, that having considered a
communication, dated July 31, 1995, from the Department of Law
transmitting for Council acceptance a Quit Claim Deed, more
particularly described as
Quit Claim Deed dated April 7, 1995, executed by Linda
Conway to the City of Livonia for
The South 60 feet of the following described parcel
28990
That part of the S W 1/4 of Section 33, T IS , R. 9 E , City
of Livonia, Wayne County, Michigan, described as
beginning at a point on the West line of said section distant
North 01°50'10" East, 979 29 feet from the southwest corner
of Section 33 and proceeding thence North 01°50'10" East
along said West line 380 00 feet; thence South 86°10'00"
East, 125 40 feet; thence South 01°51'25" West, 380 00 feet
to the center line of Ann Arbor Trail, thence North 86°10'00"
West along said center line 125.26 feet to the point of
beginning Parcel No 131-99-0002-000 (Ann Arbor Trail
right-of-way)
the Council does hereby, for and in behalf of the City of Livonia,
accept the aforesaid Quit Claim Deed, and the City Clerk is hereby
requested to have the same recorded in the Office of the Register
of Deeds and to do all other things necessary or incidental to fulfill
the purpose of this resolution
During the audience communication portion at the end of the
meeting, the following individuals spoke
Councilmember Toy announced the Bentley High School 25th
Class Reunion, which will take place on Friday, August 18, 1995 in Novi
Robert Candlish, 32415 W Seven Mile -talked about taxes vs
inflation, and also installing sidewalks on Seven Mile Road and whether Seven
Mile Road should be considered a thoroughfare or a neighborhood.
Kevin Maillard, 31501 Vargo - addressed the issue of sidewalks on
Merriman and indicated the opinion that no sidewalks are necessary
Phyllis Counts, 32295 Seven Mile - informed the Council of a
potential liability to the City and/or Wayne County, that being a dip in the road in
front of her house She also questioned the possibility of installing sidewalks in
her area, stated that she is against them, and asked to be notified of meetings
regarding this subject matter She also asked the Council to reconsider the
sidewalk ordinance, as she feels it was written badly
Jim Biga, 35354 Lancashire - asked that the City present to the
public the information regarding the possible elimination of the Treasurer at least
30-45 days prior to voting on this matter He also inquired as to when the
proposed Ethics Ordinance will be coming out of committee
BillAraRtoaarid, 17250 Merriman - stated he does not want sidewalks
put in on Merriman
28991
Patricia Henson, 17329 Merriman - stated there are three (3)
resolutions right now that could place sidewalks in front of her house, although
they were supposedly denied on Merriman Is this still an issue or what?
Don McGowen, 18680 Merriman - expressed concerns regarding
the political workings of the City and the lack of understanding of these workings
by the public in general He also addressed the sidewalk issue and stated "that
the people involved don't want them "
Steve Stavros, 31445 Seven Mile - expressed his concern to the
Council that they are getting incorrect information about sidewalks being wanted
on Merriman He spoke to seven (7) homeowners in the Hidden Pines
Subdivision and all seven (7) were not aware that sidewalks were an issue
before the Council He urged the Council to get accurate information regarding
this subject matter, and suggested that perhaps this issue should be put on the
ballot for the residents of Livonia to vote on
Councilmember Kavanagh wished his daughter, Caroline, a
"Happy 16th Birthday"
Council President Taylor informed the viewing audience of his
efforts over the last 10 years to keep various meetings open and the public well
informed of upcoming meetings, and advised them of the dates of the next public
hearing and Study session
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, this 1,302nd Regular Meeting of the Council of the City of Livonia was
adjourned at 12 05 a m , August 15, 1995
Joan McCotter, Cit /Clerk