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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 28957 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) 28958 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. 28959 #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 28960 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 28961 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 28962 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 28963 #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, 28964 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. 28965 #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 28966 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