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HomeMy WebLinkAboutCOUNCIL MINUTES 1995-06-21 28858 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND NINETY-NINTH LIFREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 21, 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 02 p m Councilmember Feenstra delivered the invocation Roll was called with the following result Fernon P Feenstra, Michael P McGee, Sean P Kavanagh, Maureen Miller Brosnan, Laura M Toy, Dale A Jurcisin, and Gerald Taylor Elected and appointed officials present Robert D Bennett, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K White, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; Robert R Bishop, City Treasurer; Ann W Tavolacci, IL' Deputy City Clerk; Suzanne Wisler, Director of Community Resources; Phyllis Whitton, Housing Commission; Jack Engebretson, Planning Commission; William LaPine, Planning Commission; Sue Daniel, Historical Commission; Albert Flores, Zoning Board of Appeals; Sean P Brosnan, Zoning Board of Appeals; Lyn Bankes, State Representative; and Thaddeus McCotter, Wayne County Commissioner On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #394-95 RESOLVED, that the minutes of the 1,298th Regular Meeting of the Council of the City of Livonia, held June 5, 1995, are hereby approved as submitted No one from the audience spoke during the audience communication portion of the meeting Councilmember Feenstra relayed to the viewing public information regarding "SPREE 45, " the activities of which commenced on June 20 and will run through June 25, 1995 28859 Council President Taylor reminded the citizens of Livonia about Lor the present water ban, which allows odd-numbered residences to water on the odd-numbered days of the month, and vice versa A communication from the Department of Law, dated May 30, 1995, re Livonia Hotel Associates v City of Livonia, City Council of the City of Livonia, David V. Johnson and Victor Corporate Park Land Investment Partnership, Wayne County Circuit Court Civil Action No 95-504002 CZ, was received and placed on file for the information of the Council At the direction of the Chair, Item #44 was moved to the end of the Consent Agenda On a motion by McGee, seconded by Jurcisin, it was #395-95 RESOLVED, that having considered an application from Robert Wojcik, 29032 Grandon, dated May 18, 1995, requesting permission to close Grandon between Oxbow and Hartel on Saturday, August 19, 1995, from 3 00 p m to 10 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 #396-95 RESOLVED, that having considered an application from Annemarie Posh, 9301 Woodring, dated May 23, 1995, requesting permission to close Woodring between Vermont and Oregon on Saturday, August 12, 1995, from 1 00 p m to 10 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 13, 1995, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #397-95 RESOLVED, that having considered an application from Diane Scarvie, 36541 Sherwood, dated May 23, 1995, requesting permission to close Sherwood Street between Comstock and Williams on Sunday, July 16, 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 #398-95 RESOLVED, that having considered an application from Terry Lambert, 33051 Perth, dated May 26, 1995, requesting permission to close Perth between 33134 and 33027 Perth (12 houses) on Saturday, July 8, 1995, from 1 00 p m to 9 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein 28860 permission to conduct the said affair on Saturday, July 15, 1995, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #399-95 RESOLVED, that having considered an application from Diane Geverink, 34462 Woodvale, dated June 1, 1995, requesting permission to close Woodvale between Ashurst and Alpine on Saturday, July 1, 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, including therein permission to conduct the said affair on Sunday, July 2, 1995, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #400-95 RESOLVED, that having considered an application from Yvonne Berger, 14302 Hubbard, dated June 6, 1995, requesting permission to close Hubbard between Allen and Perth on Saturday, September 9, 1995, from 2 00 p m to 10 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, September 10, 1995, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #401-95 RESOLVED, that having considered an application from Pamela Epley, 11066 Clements Circle West, dated June 7, 1995, requesting permission to close Clements Circle West at the cul-de-sac on Saturday, July 1, 1995, from noon to 10 00 p m for the purpose of conducting a wedding reception, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department #402-95 RESOLVED, that having considered a letter from Nancy Kostin, Chairperson of the Frost PTSA Craft Show, dated May 30, 1995, which requests permission to display two signs announcing the craft show, which signs are approximately 62" x 31" in size and which will be located at the corners of Farmington/Lyndon and Schoolcraft/Stark Road, and which signs would be displayed from October 11, 1995, through November 5, 1995, the Council does hereby grant and approve this request in the manner and form herein submitted A communication from the Office of the City Clerk, dated May 31, 1995, re the tax levy rate for the Schoolcraft Community College District for the summer of 1995, was received and placed on file for the information of the Council #403-95 RESOLVED, that having considered the report and recommendation of the Mayor, dated May 31, 1995, with respect to tax-reverted land recently acquired by the City located at 34601 Plymouth Road, the Council does hereby authorize the Department 28861 of Public Works to retain the services of an environmental assessment firm to perform a soil and ground water analysis to determine if there are soil and ground water contaminates and to determine a course of action for cleanup if required; FURTHER, the Council does hereby authorize the Department of Law, in conjunction with the Finance Department, to retain the services of an independent real estate appraiser to determine fair market value of the subject property and to place the property up for sale; FURTHER, the Council does hereby appropriate the sum of $12, 500 00 for such environmental evaluation and property appraisal and hereby approves a budget adjustment increasing Account No 101-267-972-000 and increasing Account No 101-000-656-000 in the amount of $12, 500 00 for this purpose A communication from the Livonia Housing Commission, dated May 12, 1995, re the Housing Commission audit report for the fiscal year ending December 31, 1994, was received and placed on file for the information of the Council #404-95 RESOLVED, that the Council does hereby amend Council Resolution 237-95 so as to have the same read as follows RESOLVED, that having considered the reports and recommendations of the Housing Director, dated March 17, 1995, and May 15, 1995, approved for submission by the Mayor and the Finance Director, the Council does hereby accept the bid of NRG Window Company, 22520 Ecorse Road, Taylor, Michigan 48180, for supplying new windows for the Silver Village housing facility for the sum of $68,416 00, the same having been in fact the lowest bid received which meets all specifications; FURTHER, the Council does hereby accept the second low bid of D A Home Improvements, Inc , 1128 Eureka, Wyandotte, Michigan 48192, for removal of old windows and installation of new windows at the Silver Village housing facility for the sum of $46,650 00; and the Council having determined to accept such bids in lieu of the low bids for reasons indicated in the aforementioned reports and recommendations; and the bids of Mazzara Construction, Inc are hereby rejected for reasons indicated in the attachments; FURTHER, the Council does hereby authorize retaining the services of DiComo Associates, Inc , 15875 Middlebelt Road, Livonia, Michigan 48154, to assist in the design, evaluation, bidding and installation process for this project for the sum of $6, 925 00; FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $111, 991 00 from the CDBG Budget Account No 233-800-818-636 (prior year) and $10, 000 00 from the CDBG Budget Account No 233-800-818-637 (current year) , for a total amount of $121, 991 00 for this purpose; and the Mayor and City Clerk are hereby authorized to execute contracts for and on behalf of the City of Livonia with the aforesaid companies and to do all other things necessary or incidental to the full performance of this resolution 28862 #405-95 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 23, 1995, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize a one-year extension to the agreement between the City of Livonia and Allied Communications, 21125 Northwestern Highway, Southfield, Michigan 48075-5000, for maintaining the City of Livonia telephone system for the period June 1, 1995 through May 31, 1996, at a monthly rate of $1, 639 25; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #406-95 RESOLVED, that Basney & Smith, Inc , 33177 Schoolcraft Road, Livonia, MI 48150, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision Caliburn Estates Subdivision No 2 to be located on the east side of Newburgh Road south of Seven Mile Road in the Northwest 1/4 of Section 8, City of Livonia, Wayne County, Michigan, the said proposed preliminary plat being dated May 17, 1995; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on May 2, 1995; and it further appearing that such preliminary plat, together with L development plans and specifications for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated May 31, 1995; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended; the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended; (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24 370 of the said Subdivision Control Ordinance, as amended; (REVISED PAGE-SEE CR406-95) 28863 (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans; (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statue, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts A General Improvement Bond $728, 000 00, of which at least $ 10, 000 00 shall be in cash B Sidewalk Bond $ 57,000 00, of which at least $ 5, 000 00 shall be in cash C Grading & Soil Erosion $ 8,400 00, of which at least $ 2, 000 00 shall be in cash D Entrance Markers-Landscaping $ 27,000 00, of which at least $ 3, 000 00 shall be in cash E Monuments & Lot Markers $ 2,170 00, all cash and require cash payments in the total amount of $58, 169 00 In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision #407-95 RESOLVED, that Soave Building Co , 34822 Pembroke, Livonia, MI 48152, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following 28864 subdivision Orangelawn Woods Subdivision No 2, located east of Stark Road and south of Plymouth Road in the Northeast 1/4 of Section 33, City of Livonia, Wayne County, Michigan, the said proposed preliminary plat being dated June 5, 1995; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on May 9, 1995; and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated June 6, 1995; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended; the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended; (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24 370 of the said Subdivision Control Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans; (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this 28865 resolution; the City Council shall approve final plats of the 110 aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statue, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts A General Improvement Bond $206, 000 00, of which at least $ 10,000 00 shall be in cash B Sidewalk Bond $ 22, 000 00, of which at least $ 5, 000 00 shall be in cash C Grading & Soil Erosion $ 2, 000 00, all cash lbw D Monuments & Lot Markers $ 1,200 00, all cash and require cash payments in the total amount of $17,660 00 In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision #408-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 2, 1995, which bears the signature of the Finance Director, is approved by the Director of Community Resources, and is approved for submission by the Mayor, submitted pursuant to Council Resolution 349-93, the Council does hereby accept the bid of Unicorn Developers & Engineering, 15500 Nineteen Mile Road, Clinton Township, Michigan 48038, for performing renovation work on the Blue House for a total sum of $142, 806 00, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $4,600 00 for construction oversight services to be provided by Robert K Seymour, Architect, in connection with services previously approved in Council Resolution 442-92; FURTHER, the Council does hereby authorize the expenditure of $145,406 00 from the Historical Commission Trust Fund Account and $2, 000 00 from the Historical Commission Post Office Account for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as completed, and the Mayor and City Clerk are hereby authorized to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution 28866 A communication from the Planning Commission, dated May 23, 1995, re recommendation pertaining to the vacating of the public alley located south of Five Mile Road between Middlebelt Road and Cavour Avenue (adjoining the proposed Precision Tune Auto Repair facility) in the Northwest 1/4 of Section 24, was received and placed on file for the information of the Council (CR 257-95) #409-95 RESOLVED, that having considered the report and recommendation of the Planning Commission, dated May 23, 1995, with regard to the vacating of the public alley located south of Five Mile Road between Middlebelt Road and Cavour Avenue and the north/south public alley located between Elsie and Five Mile Road and between Cavour Avenue and Middlebelt Road in the Northwest 1/4 of Section 24, wherein it is recommended that such alleys be maintained as access and that same be permanently improved, and before determining to pave the subject alleys in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, L the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended #410-95 RESOLVED, that having considered a communication from the City Planning Commission, dated June 5, 1995, which transmits its resolution 5-102-95, adopted on May 23, 1995, with regard to a Sign Permit Application, submitted by Chapman Sign Inc on behalf of Genghis Khan Mongolian Restaurant, requesting approval to erect a wall sign for their unit located in the Laurel Park Place Mall in the Southeast 1/4 of Section 7, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to the following conditions 1 That the Sign Package by Chapman Sign Inc , received by the Planning Commission on May 10, 1995, is hereby approved and ile 2 shall be adhered to; The sign is to be red lettering, with the background of the "Mongolian Restaurant" portion of the sign a dark green; FURTHER, the sign shall not exceed 63 sq ft in area; and 28867 3 This approval is for this petitioner only, and this business only #411-95 RESOLVED, that having considered a communication from Michael P McGee, Vice President of the Council, dated June 2, 1995, with respect to the subject of amending the Noxious Weeds (Nuisance) ordinance, to require cutting weeds 6-7 times a year and when the weeds reach 4" in height, the Council does hereby refer this matter and the subject of maintenance of landscaped berms to the Legislative Committee for its report and recommendation #412-95 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Hercules Drawn Steel Corporation, dated May 30, 1995, covering new industrial facilities to be located within City of Livonia Industrial Development District 29; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P A 1974, as amended Ism 2 The City Clerk shall contact each of the affected taxing units and, (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Wednesday, August 16, 1995, 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Wednesday, August 16, 1995, at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application #413-95 RESOLVED, that having considered an application from Robert E Jones, Jr , 15161 Arden, dated June 9, 1995, requesting permission to close Arden between Five Mile and Elsie on Saturday, July 1, 1995, from 2 00 p m to 7 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 28868 AYES Feenstra, McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS None On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #414-95 RESOLVED, that the correspondence submitted by Geraldine W Joyner and by the Mayor, dated June 10, 1995, and June 12, 1995, respectively, submitted pursuant to Council Resolution 305-95, was received and placed on file for the information of the Council On a motion by Feenstra, seconded by Jurcisin, it was 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; and WHEREAS, the Council of the City of Livonia has determined that the restriction of "two consecutive terms" should be clarified to provide that all elected officials shall be prohibited from seeking reelection if they had served, or after having served, eight consecutive years in that particular office; 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 IV, which changed section shall read as follows Chapter IV, Section 2. Term of Office At each regular City election there shall be elected from the City at large four (4) Councilmen and such additional number as may be required to fill vacancies pursuant to the provisions of 28869 Section 4 of the charter The three (3) receiving the highest number of votes shall each be elected for term of lbw office of four (4) years and the number equal to the remaining number of Councilmen to be elected who shall receive the next highest numbers of votes in order shall each be elected for a term of office of two (2) years COUNCIL MEMBERS SHALL BE PROHIBITED FROM SEEKING REELECTION IF THEY HAD SERVED, OR AFTER HAVING SERVED, EIGHT (8) CONSECUTIVE YEARS IN THAT PARTICULAR OFFICE The term of office of Councilmen shall commence on the Monday next following the date of the regular city election at which they are elected, except that the terms of office of all Councilmen who are elected at the first special City election held under this Charter shall commence on the first Monday following said special election At the first special election held under this charter, seven (7) Councilmen shall be elected of who the three (3) Councilmen who receive the three (3) highest number of votes shall be elected for terms expiring on the Monday next following the regular City election 1952, and the remaining four (4) Councilmen shall be elected for terms expiring on the Monday next following the regular city election in 1952 and 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, CITY TREASURER AND CITY CLERK SHALL BE PROHIBITED FROM SEEKING REELECTION IF THEY HAD SERVED, OR AFTER HAVING SERVED, EIGHT (8) CONSECUTIVE YEARS IN THAT PARTICULAR OFFICE All other appointive officers and members of boards and commission, 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 sections of the Charter of the City of Livonia which are altered, abrogated or affected by this proposal, if adopted, now read as follows Chapter IV, Section 2. Term of Office At each regular City election there shall be elected from the City at large four (4) Councilmen and such additional number as may be required to fill vacancies pursuant to the provisions of 28870 Section 4 of the charter The three (3) receiving the highest number of votes shall each be elected for term of office of four (4) years and the number equal to the remaining number of Councilmen to be elected who shall receive the next highest numbers of votes in order shall each be elected for a term of office of two (2) years COUNCIL MEMBERS SHALL BE PROHIBITED FROM SEEKING REELECTION AFTER HAVING SERVED TWO (2) CONSECUTIVE TERMS IN THAT PARTICULAR OFFICE The term of office of Councilmen shall commence on the Monday next following the date of the regular city election at which they are elected, except that the terms of office of all Councilmen who are elected to the first special City election held under this Charter shall commence on the first Monday following said special election At the first special election held under this charter, seven (7) Councilmen shall be elected of who the three (3) Councilmen who receive the three (3) highest number of votes shall be elected for terms expiring on the Monday next following the regular City election 1952, and the remaining four (4) Councilmen shall be elected for terms expiring on the Monday next following the regular city election in 1952 Chapter V, Section 2 Election; appointment; terms. The Mayor, City Treasurer and City Clerk shall be elected by 1111, 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 commission, 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 Council members, the Mayor, City Treasurer and City Clerk shall be prohibited from seeking reelection if they had 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 28871 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 a Special Election to be held on September 26, 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 the Livonia City Charter to provide that Council members, the Mayor, City Treasurer, and City Clerk shall be prohibited from seeking reelection if they had 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 Special Election to be held on September 26, 1995 On a motion by Kavanagh, seconded by Toy, it was RESOLVED, that the Council does hereby propose a substitute resolution which would propose a charter amendment to extend term limits to the Clerk and Treasurer and limit same to eight (8) consecutive years in office, to be placed on the ballot of the November 7, 1995, General Election A roll call vote was taken on the motion to substitute as follows AYES McGee, Kavanagh, and Toy NAYS Feenstra, Brosnan, Jurcisin, and Taylor The President declared the motion to substitute denied. On a motion by McGee, seconded by Kavanagh, it was lbwRESOLVED, that the Council does hereby propose a substitute resolution which would refer back to the Legislative Committee for another report and recommendation a proposed 28872 charter amendment to extend term limits to all elected officials and limit same to eight consecutive years in office A roll call vote was taken on the motion to substitute as follows AYES McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS Feenstra The President declared the motion to substitute adopted A roll call vote was then taken on the substitute resolution, as follows, #415-95 RESOLVED, that the Council does hereby refer back to the Legislative Committee for another report and recommendation a proposed charter amendment to extend term limits to all elected officials and limit same to eight consecutive years in office with the following result AYES Feenstra, McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS None The President declared the substitute resolution adopted ibi On a motion by Feenstra, seconded by McGee, it was 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, 1996, 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 BEGINNING JANUARY 1, 1996, THE ELECTIVE OFFICE OF CITY TREASURER SHALL BE ELIMINATED AND ALL DUTIES AND RESPONSIBILITIES PREVIOUSLY PERFORMED BY SUCH OFFICE SHALL BE PERFORMED BY A COMPTROLLER WHO SHALL BE A CERTIFIED PUBLIC ACCOUNTANT AND TOGETHER with all other appointive officers and members of boards and commission, unless otherwise provided in this Charter, shall 28873 be appointed by the Mayor THE APPOINTMENT OF A COMPTROLLER BY THE MAYOR SHALL BE SUBJECT TO CONFIRMATION BY THE COUNCIL 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 commission, 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 providing that, effective January 1, 1996, the elective office of Treasurer would be eliminated and the duties and responsibilities previously performed by such office shall be performed by a Comptroller who is a certified public accountant appointed by the Mayor and confirmed by Council. 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 a Special Election to be held on September 26, 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 28874 RESOLVED FURTHER, that the proposed amendment shall be submitted to electors in the following form, to wit Are you in favor of amending the City Charter, effective January 1, 1996, to eliminate the elective office of City Treasurer and providing that all duties and responsibilities previously performed by such office shall be performed by a Comptroller who is a certified public accountant appointed by the Mayor and confirmed by Council? 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 Special Election to be held on September 26, 1995 On a motion by Kavanagh, seconded by Jurcisin, it was RESOLVED, that the Council does hereby propose a substitute resolution which would refer back to the Legislative Committee for another report and recommendation a proposed L charter amendment to change the Treasurer's office from an elected office to an appointed office with such duties to be served by a comptroller A roll call vote was taken on the motion to substitute as follows AYES Kavanagh, Toy, and Jurcisin NAYS Feenstra, McGee, Brosnan, and Taylor The President declared the motion to substitute denied. On a motion by Jurcisin, seconded by Toy, it was RESOLVED, that the Council does hereby propose a substitute resolution which would refer to the Committee of the Whole for its report and recommendation a proposed charter amendment to change the Treasurer's office from an elected office to an appointed office with such duties to be served by a comptroller A roll call vote was taken on the motion to substitute as follows AYES: McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor 1010 NAYS Feenstra The President declared the motion to substitute adopted 28875 A roll call vote was then taken on the substitute resolution, as follows, #416-95 RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation a proposed charter amendment to change the Treasurer's office from an elected office to an appointed office with such duties to be served by a comptroller with the following result AYES Feenstra, McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS None The President declared the substitute resolution adopted On a motion by Feenstra, seconded by McGee, it was WHEREAS, at the November 8, 1994, General Election, a Charter Amendment was narrowly 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, the Council of the City of Livonia has determined that such restrictions on the permissible number of terms which may be served by the Mayor and City Council members unduly infringes upon the right of the public to choose freely among candidates for public office; and WHEREAS, the Council of the City of Livonia has determined that the best interests of the City and its residents would be served by eliminating term limits for such offices; 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 IV, which changed section shall read as follows Chapter IV, Section 2 Term of Office At each regular City election there shall be elected from the City at large four (4) Councilmen and such additional number as may be required to fill vacancies pursuant to the provisions of Section 4 of the charter The three (3) receiving the highest number of votes shall each be elected for term of office of four (4) years and the number equal to the remaining number of Councilmen to be elected who shall receive the next highest numbers of votes in order shall each be elected for a term of office of two (2) years The term of office of Councilmen shall commence on the Monday 28876 next following the date of the regular city election at which they are elected, except that the terms of office of all Councilmen who are elected at the first special City election held under this Charter shall commence on the first Monday following said special election At the first special election held under this charter, seven (7) Councilmen shall be elected of who the three (3) Councilmen who receive the three (3) highest number of votes shall be elected for terms expiring on the Monday next following the regular City election 1952, and the remaining four (4) Councilmen shall be elected for terms expiring on the Monday next following the regular city election in 1952 and 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 All other appointive officers and members of boards and commission, 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 sections of the Charter of the City of Livonia which are altered, abrogated or affected by this proposal, if adopted, now read as follows Chapter IV, Section 2 Term of Office. At each regular City election there shall be elected from the City at large four (4) Councilmen and such additional number as may be required to fill vacancies pursuant to the provisions of Section 4 of the charter The three (3) receiving the highest number of votes shall each be elected for term of office of four (4) years and the number equal to the remaining number of Councilmen to be elected who shall receive the next highest numbers of votes in order shall each be elected for a term of office of two (2) years COUNCIL MEMBERS SHALL BE PROHIBITED FROM SEEKING REELECTION AFTER HAVING SERVED TWO (2) CONSECUTIVE TERMS IN THAT PARTICULAR OFFICE The term of office of Councilmen shall commence on the Monday next following the date of the regular city election at which they are elected, except that the terms of office of all Councilmen who are elected to the first special City election held under this Charter shall 28877 commence on the first Monday following said special election At the first special election held under this charter, seven (7) Councilmen shall be elected of who the three (3) Councilmen who receive the three (3) highest number of votes shall be elected for terms expiring on the Monday next following the regular City election 1952, and the remaining four (4) Councilmen shall be elected for terms expiring on the Monday next following the regular city election in 1952 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 commission, 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 eliminates term limits by removing the existing restriction which prohibits Council members and the Mayor from seeking reelection after having served two (2) consecutive terms 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 a Special Election to be held on September 26, 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 28878 RESOLVED FURTHER, that the proposed amendment shall be submitted to electors in the following form, to wit Are you in favor of amending the Livonia City Charter to eliminate term limits by removing the existing restriction which prohibits Council members and the Mayor from seeking reelection after having served two (2) consecutive terms 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 Special Election to be held on September 26, 1995 On a motion by Toy, seconded by Brosnan, it was RESOLVED, that the Council does hereby propose a substitute resolution which would refer to the Committee of the Whole for its report and recommendation the subject of a proposed charter amendment eliminating term limits for all elected officials A roll call vote was taken on the motion to substitute with the following result AYES McGee, Kavanagh, Brosnan, Toy, and Jurcisin NAYS Feenstra and Taylor Council President Taylor wished to state for the record at this time that the reason for his "No" vote is that he feels it is too early to look at eliminating term limits The President declared the motion to substitute adopted A roll call vote was then taken on the substitute resolution, as follows RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation the subject of a proposed charter amendment eliminating term limits for all elected officials with the following result AYES McGee, Brosnan, and Toy NAYS Feenstra, Kavanagh, Jurcisin, and Taylor 28879 Councilmember Jurcisin wished to state for the record at this time that the reason for his "No" vote is that he also feels it is too early to look at eliminating term limits The President declared the substitute resolution denied A roll call vote was then taken on the originally proposed resolution, as follows WHEREAS, at the November 8, 1994, General Election, a Charter Amendment was narrowly 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, the Council of the City of Livonia has determined that such restrictions on the permissible number of terms which may be served by the Mayor and City Council members unduly infringes upon the right of the public to choose freely among candidates for public office; and WHEREAS, the Council of the City of Livonia has determined that the best interests of the City and its residents would be served by eliminating term limits for such offices; 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 IV, which changed section shall read as follows Chapter IV, Section 2 Term of Office At each regular City election there shall be elected from the City at large four (4) Councilmen and such additional number as may be required to fill vacancies pursuant to the provisions of Section 4 of the charter The three (3) receiving the highest number of votes shall each be elected for term of office of four (4) years and the number equal to the remaining number of Councilmen to be elected who shall receive the next highest numbers of votes in order shall each be elected for a term of office of two (2) years The term of office of Councilmen shall commence on the Monday next following the date of the regular city election at which they are elected, except that the terms of office of all Councilmen who are elected at the first special City election held under this Charter shall commence on the first Monday following said special election At the first special election held under this charter, seven (7) Councilmen shall be elected of who the three (3) Councilmen who receive the three (3) highest number of votes shall be 28880 elected for terms expiring on the Monday next following the regular City election 1952, and the remaining four (4) Councilmen shall be elected for terms expiring on the Monday next following the regular city election in 1952 and 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 All other appointive officers and members of boards and commission, 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 sections of the Charter of the City of Livonia which are altered, abrogated or affected by this proposal, if adopted, now read as follows Chapter IV, Section 2. Term of Office At each regular City election there shall be elected from the City at large four (4) Councilmen and such additional number as may be required to fill vacancies pursuant to the provisions of Section 4 of the charter The three (3) receiving the highest number of votes shall each be elected for term of office of four (4) years and the number equal to the remaining number of Councilmen to be elected who shall receive the next highest numbers of votes in order shall each be elected for a term of office of two (2) years COUNCIL MEMBERS SHALL BE PROHIBITED FROM SEEKING REELECTION AFTER HAVING SERVED TWO (2) CONSECUTIVE TERMS IN THAT PARTICULAR OFFICE The term of office of Councilmen shall commence on the Monday next following the date of the regular city election at which they are elected, except that the terms of office of all Councilmen who are elected to the first special City election held under this Charter shall commence on the first Monday following said special election At the first special election held under this charter, seven (7) Councilmen shall be elected of who the three (3) Councilmen who receive the three (3) highest number of votes shall be elected for terms expiring on the Monday next following the regular City election 1952, and the remaining four (4) Councilmen shall be elected for terms expiring on the Monday next following the regular city election in 1952 28881 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 commission, 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 eliminates term limits by removing the existing restriction which prohibits Council members and the Mayor from seeking reelection after having served two (2) consecutive terms 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 a Special Election to be held on September 26, 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 the Livonia City Charter to eliminate term limits by removing the existing restriction which prohibits Council members and the Mayor from seeking reelection after having served two (2) consecutive terms in that particular office? Yes / / No / / 28882 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 Special Election to be held on September 26, 1995 with the following result AYES Feenstra NAYS McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor At this point in time, Councilmember Brosnan also wished to state for the record the reason for her "No" vote, that reason being the same as previously stated by Council President Taylor and Councilmember Jurcisin The President declared the resolution denied On a motion by McGee, seconded by Feenstra, and unanimously adopted, it was #417-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 64-95, regarding the subject of pending legislative proposals with respect to racetracks and other matters affecting municipalities, the Council does hereby refer this subject to the Legislative Committee for its report and recommendation On a motion by Feenstra, seconded by Kavanagh, it was #418-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 219-94, as well as the report and recommendation of the Mayor and Department of Law, dated February 14, 1994, concurred with by the Director of Community Resources, with regard to a proposal to sell 41 5 acres of the Greenmead property which lies west of the U S Post Office and north of Pembroke Road, the Council does, in accordance with Section 23 01 (a) of Zoning Ordinance 543, hereby request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation on the question of whether such property should be rezoned from PL to a more appropriate zoning classification, such as R-4 A roll call vote was taken on the foregoing resolution with the following result AYES NAYS Feenstra,:sMcGee, Kavanagh, Brosnan, Jurcisin, and Taylor The President declared the resolution adopted 28883 On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #419-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A Jurcisin concerning "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the subject of planning and implementing improvement through the Plymouth Road Development Authority to the Streets, Roads and Plats Committee for its report and recommendation On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #420-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A Jurcisin concerning "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of maintaining a low City tax rate through the budget process to the Finance and Insurance Committee for its report and recommendation On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #421-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A Jurcisin concerning "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of insuring that the state meets its obligations according to the Headlee Amendment and avoids "unfunded mandates" to the Legislative Committee for its report and recommendation On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #422-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A. Jurcisin concerning "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the subject of implementing programs for economic redevelopment through the Livonia Economic Development Office to the Finance and Insurance Committee for its report and recommendation 28884 On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #423-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A Jurcisin concerning "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the subject of recognizing Police presence in City neighborhoods through community policing concepts to the Public Safety Committee for its report and recommendation On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #424-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A Jurcisin concerning "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of utilizing creative sources of community support such as joint ventures between organizations and government to the Finance and Insurance Committee for its report and recommendation On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #425-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A Jurcisin concerning "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the subject of helping Greenmead to become more self-sufficient to the Committee of the Whole for its report and recommendation On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #426-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A. Jurcisin concerning "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of the possible enactment of an Ethics Ordinance for all elected and appointed officials to the Committee of the Whole for its report and recommendation 28885 On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #427-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A Jurcisin concerning "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of campaign reform, including limitations such as restricting the use of poll workers at the polls on Election Day, limiting political signage, and establishing a cap on campaign expenditures, to the Committee of the Whole for its report and recommendation On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #428-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A Jurcisin concerning "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of establishing a policy to upgrade residential housing to the Committee of the Whole for its report and recommendation in conjunction with possible recommendations or comments which may be received from the Zoning Board of Appeals On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #429-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A Jurcisin concerning "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of the development and implementation of plans to clean and utilize Newburgh Lake to the Capital Improvement Committee for its report and recommendation On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #430-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A Jurcisin concerning "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of deferring 28886 and scrutinizing the hiring of City personnel to the Finance and Insurance Committee and does hereby refer the subject of budgetary considerations pertaining to this matter to the Committee of the Whole for their respective reports and recommendations On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #431-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A Jurcisin concerning "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of establishing a Livonia Community Foundation to the Committee of the Whole for its report and recommendation On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #432-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A Jurcisin concerning "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of the upgrade of major roads in the City to the Streets, Roads, and Plats Committee for its report and recommendation On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #433-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A Jurcisin concerning "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of planning and implementing technological advances through the City Hall in the Mall kiosk to the Capital Improvement Committee for its report and recommendation On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #434-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A Jurcisin concerning 28887 "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of conducting an extensive study on the future of gaming/gambling in the City to the Committee of the Whole for its report and recommendation On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #435-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 1995, submitted pursuant to Council Resolution 250-95 and a communication from Councilmember Dale A Jurcisin concerning "AGENDA LIVONIA 1995" and numerous goals for the City set forth therein, the Council does hereby refer the matter of conducting a study to assess the need for developing additional senior housing to the Committee of the Whole for its report and recommendation On a motion by Brosnan, seconded by Kavanagh, and unanimously adopted, it was #436-95 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated June 14, 1995, submitted pursuant to Council Resolution 382-95, and the report and recommendation of the City Engineer, dated May 15, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Flat Rock Contractors, Inc , 14667 Telegraph, Flat Rock, Michigan 48134, for completing all work required in connection with the Levan Road Pavement Repair from Five Mile Road south to Meadowbrook in Section 20 (Contract 95-G) , for the estimated total cost of $215, 024 30 based upon the Department's estimate of units involved and subject to a final payment based upon the quantity of work actually constructed, said estimated cost having been in fact the lowest bid received for this item; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $215, 024 30 from the General Obligation Road Improvement Bond Issue for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 240 OF TITLE 10, CHAPTER 21 (IMPOUNDED VEHICLE - REDEMPTION CONDITIONS AND COSTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 28888 A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Kavanagh took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE ADDING CHAPTER 91 (CARELESS, RECKLESS OR NEGLIGENT USE OF BOW AND ARROW, CROSSBOW OR BLOWGUN) TO TITLE 9 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Jurcisin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE ADDING CHAPTER 05 (FERRETS) TO TITLE 6 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would immbecome effective on publication 28889 Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 94-10-1-22) A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS McGee The President declared the foregoing Ordinance duly adopted, and would become effective on publication Toy took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 12 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 94-12-1-25) A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING ARTICLES II AND XI OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 94-12-6-7) 28890 A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication McGee took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 95-1-1-1) A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Toy, seconded by McGee, it was #437-95 RESOLVED, that having considered a request from Mr Sam Baki of Tri-West Development Corporation, 27540 Michigan, Inkster, Michigan 48141, and an amended plan dated June 11, 1995, to amend and revise the action taken in Council Resolution 619-94 so as to revise the lot split and combination previously approved for property located south of Five Mile Road and east of Merriman Road (30525, 30585, 30594 and 30611 Five Mile Road) , 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 determine to deny the request for dividing and combining Tax Item Nos. 46-089-01-0001-001, 46-089-01-0005-000, 46-089-01-0006-000 and 46-089-01-0007-000 into eight parcels 110 since the same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice 28891 A roll call vote was taken on the foregoing resolution with the following result AYES McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS Feenstra The President declared the resolution adopted On a motion by Feenstra, seconded by Toy, it was #438-95 RESOLVED, that having considered a communication from the City Assessor, dated May 10, 1995, approved for submission by the Mayor, with regard to a request from Mr Michael Schwartz of United Homes, Inc , 27600 Farmington, Suite 211, Farmington Hills, Michigan 48334, 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 of Tax Item No 46-046-99-0054-000 into two parcels, the legal descriptions of which shall read as follows PARCEL A The West 1/2 of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 12, except the West 30 0 feet thereof and also except the South 30 0 feet thereof PARCEL B The East 1/2 of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 12, except the East 30 0 feet thereof and also except the South 30 0 feet thereof as shown on the map attached to the aforesaid communication which is made a part hereof by reference; FURTHER, it is the understanding of the Council that the petitioner will dedicate 30' of right-of-way for Harrison Avenue; 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 A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, McGee, Kavanagh, Brosnan, Toy, and Jurcisin NAYS Taylor The President declared the resolution adopted 28892 On a motion by Kavanagh, seconded by Feenstra, and unanimously adopted, it was #439-95 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 17, 1995, and the report and recommendation of the Chief of Police, dated May 19, 1995, approved for submission by the Mayor, with respect to a request from Shakouri H , Inc for transfer of ownership of a 1994 SDM licensed business from Gleno's, Inc for a business located at 27405 Grand River, Livonia, Michigan, Wayne County, the Council does hereby recommend denial of this request for the following reasons 1 The applicant has no documented work history in the liquor business; 2 The applicant has no documented tax paying history; and 3 The applicant has an outstanding violation for selling beer to a minor pending before the 16th District Court and the Michigan Liquor Control Commission; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #440-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 30, 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 Cadillac Asphalt Paving Co , 27575 Wixom Road, Novi, Michigan 48376, for completing all work required in connection with the paving of Munger Avenue east of Merriman in the Northwest 1/4 of Section 14 (Contract 95-L) , for the estimated total cost of $206, 079 40 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 appropriate and authorize the expenditure of a sum not to exceed $206, 079 40 from the General Obligation Road Improvement Bond Issue for this purpose with the provision that (1) the bond issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are available from the future Special Assessment Bond Issue, and (2) the bond issue be reimbursed for the City' s portion of the project at such time as funds may be available from the Michigan Transportation Fund (Local Road Account) ; and the City Engineer is hereby authorized to approve 28893 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 McGee made the following disclosure respecting a conflict of interest on the next matter Mr President, I would like the record to reflect that the petitioner here is represented by my law firm, Miller, Canfield, Paddock and Stone, and that I therefore will abstain from any consideration of this agenda item as required by Chapter IV, Section 9, of the Livonia City Charter and the relevant provisions of State law I refer to my letter dated February 24, 1992, to the City Clerk on this subject and would ask that these remarks be made part of the official record of this meeting Thank you McGee left the podium at 10 28 p m On a motion by Feenstra, seconded by Toy, it was #441-95 RESOLVED, that having considered a communication from the City Planning Commission, dated June 5, 1995, which transmits lbw its resolution 5-99-95 adopted on May 23, 1995, with regard to Petition 95-4-8-8 submitted by the Marathon Oil Company, requesting approval of all plans in connection with a proposal to construct a service station on property located at 37416 Seven Mile Road in the Southeast 1/4 of Section 6, pursuant to the provisions set forth in Section 18 47 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 95-4-8-8 is hereby approved and granted, subject to the following conditions 1 That the Site Plan, defined as Drawing No 7773-1A dated 5/30/95, as revised, by Marathon Oil Company, is hereby approved and shall be adhered to; 2 That the Landscape Plan, defined as Drawing No 7773-4 dated 6/20/95, as revised, by Marathon Oil Company, is hereby approved and shall be adhered to; 3 That underground sprinklers are to be provided for all landscaped and sodded lawn areas, and all planting materials shall be installed prior to the issuance of a Certificate of Occupancy permit and thereafter permanently maintained in a healthy condition; 4 That the Elevation Plan, defined as Drawing No A-4 dated 4/21/95, as revised, by Marathon Oil Company is hereby approved and shall be adhered to, except for the fact that the exterior of the building shall be constructed out of brick on all four sides; 28894 5 That all roof-top mechanical units which can be seen by the public shall be screened or painted a color to match the building; 6 That the columns that support the pump island canopy shall be constructed out of brick that match the brick of the service station; 7 No outdoor storage, placement or display of merchandise shall be permitted at any time on this site, however the foregoing prohibition shall not apply to the display on the pump island only of oil based products as permitted in Section 11 03 (a) of Zoning Ordinance #543; 8 That no interior window signage shall be permitted for this service station or its convenience store; 9 That the trash dumpster enclosure gates, when not in use, shall be maintained and closed at all times; 10 That the Sign Package by Marathon Oil Company received by the Planning Commission on 6/2/95 is hereby approved and shall be adhered to; 11 That the elevation of the canopy shall not exceed 22 feet; 12 That the ice machine shall be located inside the building; and 13 That additional landscaping will be installed at the corners of the site and surrounding the kerosene dispenser A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor NAYS None The President declared the resolution adopted McGee returned to the podium at 10 29 p m On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #442-95 WHEREAS, on October 1, 1995, the Build Michigan funding for Michigan road repairs will expire and Livonia, Wayne County, and the county's other cities will lose about nine million dollars annually; and 28895 WHEREAS, it is not just the municipalities of Wayne County that will lose money, but all the municipalities of the State; and WHEREAS, rather than replace the Build Michigan gas tax distribution formula which historically has served the urgent needs of local governments, there is a move afoot in Lansing to increase the State gas tax but to give most of the new revenue to the Michigan Department of Transportation and less to counties, cities, villages and townships; and WHEREAS, under the present distribution formula MDOT already receives a percentage of State generated road funds much greater than the percentage of roads it operates, and also retains 75 percent of all Federal road building dollars; and WHEREAS, local governments have eleven times as many miles of roads to repair and maintain than does the State and clearly deserves to have the present distribution formula retained if not increased; and WHEREAS, it would be grievously unfair and destructive to local governments to reduce the funding distribution formula when the local needs remain so great; NOW, THEREFORE BE IT RESOLVED, that Mayor Robert D Bennett and the City Council of the City of Livonia hereby call upon the Governor and the members of the Michigan Legislature to heed the needs of their local constituents and retain the present funding formula as they enact replacement gas tax legislation; and BE IT FURTHER RESOLVED, that copies of this Resolution be sent to Governor Engler, State Senator R Robert Geake, State Representative Lyn Bankes, State Representative Gerald Law, the MML State and Federal Affairs Division, and the Conference of Western Wayne On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #443-95 RESOLVED, that having considered a communication from the City Planning Commission, dated April 5, 1995, which sets forth its resolution 3-46-95 adopted on March 28, 1995, with regard to Petition 95-2-1-4, submitted by Thomas Racklyeft representing McDonald's Corporation for a change of zoning of property located on the south side of Five Mile Road between Newburgh Road and Blue Skies Avenue in the Northeast 1/4 of Section 19, from C-1 to C-2, as well as a communication from the Petitioner dated May 16, 1995, wherein it is requested that the petition be permanently withdrawn from further consideration, and the Council having conducted a public hearing with regard to this matter on May 31, 1995, pursuant to Council Resolution 240-95, the Council does hereby determine to take no further action with respect to this petition 28896 On a motion by Jurcisin, seconded by Brosnan, and unanimously adopted, it was *444-95 RESOLVED, that having considered a communication from the Department of Law, dated June 5, 1995, submitted pursuant to Council Resolution 263-95, transmitting for Council acceptance a Warranty Deed dated May 26, 1995, executed by Vincent J and Barbara Gauci, conveying to the City certain property described as follows The North 60 feet of the following described parcel The West 2 acres of the East 3 acres of the West 8 acres of the North 10 acres of the West 1/2 of the West 1/2 of the NW 1/4 of Section 11, T 1S , R 9E , City of Livonia, Wayne County, Michigan (Seven Mile Road right-of-way) Part of Tax Parcel No 042-99-0028-000 the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty 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; and FURTHER, that the Mayor and City Clerk are authorized to execute a Quit Claim Deed conveying the above described property to the County of Wayne in a form to be approved by the Department of Law A communication from the Department of Law, dated June 9, 1995, re questions raised by Peter F Tynan and Geraldine Joyner regarding the charter amendment which imposed term limits for the Mayor and Councilmembers was received and placed on file for the information of the Council (CR 198-95) On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was *445-95 RESOLVED, that having considered the report and recommendation of the Department of Law, dated June 9, 1995, submitted pursuant to Council Resolution 198-95, with regard to the subject of term limits for the Mayor and Councilmembers, the Council does hereby refer this subject to the Legislative Committee and the Committee of the Whole for their respective reports and recommendations Brosnan left the podium at 10 35 p m in order to avoid a perceived impropriety regarding the next Agenda item 28897 On a motion by Jurcisin, seconded by Feenstra, it was #446-95 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Sean P Brosnan, 11320 Arden, Livonia, Michigan 48150, is hereby appointed to the Zoning Board of Appeals for a three year term expiring July 12, 1998, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207, and further provided that he takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, McGee, Kavanagh, Jurcisin, and Taylor NAYS Toy The President declared the resolution adopted Brosnan returned to the podium at 10 37 p m On a motion by McGee, seconded by Toy, and unanimously adopted, it was #447-95 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Jeffrey A Petrul, 36422 Sunnydale, Livonia, Michigan 48154, is hereby appointed to the Zoning Board of Appeals for a three year term expiring July 12, 1998, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207, and further provided that he takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk On a motion by Jurcisin, seconded by Brosnan, and unanimously adopted, it was #448-95 RESOLVED, that having considered a communication dated June 7, 1995, from the Department of Law transmitting for Council acceptance two Grants of Easement, more particularly described as (1) Grant of Easement dated April 12, 1995, executed by Donald J Summers and Eugene F McGee, partners of Benchmark Building Company, a Michigan partnership, to the City of Livonia, for 28898 Water Main Easement A 20 foot wide easement for water main, the centerline described as follows Beginning at the N W corner of Lot 20 of "Folker's Farmington Acres" as recorded in Liber 61, page 90 W C R , said subdivision being a part of the N W 1/4 of Section 3, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan; proceeding thence N 89°59' 00" E , 72 00 feet along North Line of said Lot 20 said line also being the South R/W Line of Norfolk Avenue 50 feet wide to the point of beginning; thence S 00°01' 00" E , 45 00 feet; thence S 22°55'22" E , 148 72 feet; thence N 89°59' 00" E , 80 00 feet to a point of ending and (2) Grant of Easement dated April 12, 1995, executed by Donald J Summers and Eugene F McGee, partners of Benchmark Building Company, a Michigan partnership, to the City of Livonia, for Sanitary Sewer Easement A 12 foot wide easement for sanitary sewer centerline described as follows Beginning at the N W corner of Lot 20 of "Folker's Farmington Acres" as recorded in Liber 61, page 90 W C R , said subdivision being a part of the N W 1/4 of Section 3, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan; proceeding thence N 89°59' 00" E , 136 00 feet along North Line of said Lot 20 said line also being the South R/W Line of Norfolk Avenue 50 feet wide to the point of beginning; thence S 05°29' 00" W , 74 00 feet; thence S 21°31' 00" E , 130 00 feet to a point of ending the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grants of Easement 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 On a motion by McGee, seconded by Toy, and unanimously adopted, it was #449-95 RESOLVED, that having considered a communication dated June 9, 1995, from the Department of Law transmitting for Council acceptance one Quit Claim Deed and two Grants of Easement, more particularly described as 28899 (1) Quit Claim Deed dated April 28, 1995, executed by John S Wheeler, a single man, to the City of Livonia, for Part of Lot 535 of "Supervisor' s Livonia Plat No 9" of part of the S E 1/4 of Section 30, T 1S , R 9 E , as recorded in Liber 66, Page 60 of Plats, Wayne County Records, more particularly described as follows, commencing at the S W corner of Lot 535; thence North 01°54'10" West, 28 09 feet along the West line of Lot 535 to a point; thence South 75°52'20" East, 72 00 feet; thence South 01°5410" East, 28 09 feet to the S E corner of said Lot 536; thence North 75°52'20" West, 72 00 feet to the point of beginning (Plymouth Road Right-of-Way - Tax Parcel No 120-02-0535-001) (2) Grant of Easement dated April 28, 1995, executed by John S Wheeler, a single man, to the City of Livonia, for Public Utilities & Surface Drainage Easement The South six feet of the following parcel of land Part of Lot 535 of "Supervisor' s Livonia Plat No 9" of part of the S E 1/4 of Section 30, T 1S , R 9 E , as recorded in Liber 66, Page 60 of Plats, Wayne County Records, more particularly described as follows, commencing at the S W corner of Lot 535; thence N 01°54' 10" W 205 21 feet along the West line of Lot 535 to the point of beginning; thence continuing along said West line of Lot 535 N 01°5410" W 186 56 feet; thence N 88°05' 50" E , 69 20 feet; thence S 01°54'10" E 186 56 feet along the East line of Lot 535; thence N 88°05' 50" W 69 20 feet to the point of beginning (Sidwell No 120-02-0535-001) and (3) Grant of Easement dated April 28, 1995, executed by John S Wheeler, a single man, to the City of Livonia, for Public Utilities & Surface Drainage Easement The North six feet of the following parcel of land Part of Lot 535 of "Supervisor' s Livonia Plat No 9" of part of the S E 1/4 of Section 30, T 1S , R 9 E , as recorded in Liber 66, Page 60 of Plats, Wayne County Records, more particularly described as follows, commencing at the S W corner of Lot 535; thence N 01°54"10" W 28 09 feet along the West line of Lot 535 to the point of beginning; thence continuing along said West line of Lot 535 N 01°54' 10" W 177 12 feet; thence N 88°05' 50" E , 69 20 feet; thence S 01°54'10" E 197 00 feet along the East line of Lot 535; thence N 75°52' 20" W 72 00 feet along the proposed 60' R 0 W line of Plymouth Road to the point of beginning (Sidwell No 120-02-0535-001) 28900 the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deed and Grants of Easement 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, Mario Facione spoke to the slot and video machines to be installed at the racetrack Councilmember Feenstra requested that the City Engineer address the possible obstructions (boulders) in the right-of-way on the west side of Merriman Road between Six and Seven Mile Roads at the location where sidewalks are being constructed at Bell Creek bridge and take appropriate action Councilmember Feenstra also spoke to the matter of possibly renaming the "Finance and Insurance Committee" to the "Finance, Insurance and Budget Committee" and requested that this matter be placed on the next available Study Agenda He further requested that the subject of beepers, pagers, and cellular phones in the City be placed on the next available Study Agenda Council President Taylor once again reminded the citizens of Livonia about the sprinkling ban currently in effect On a motion by Toy, seconded by Kavanagh, and unanimously adopted, this 1,299th Regular Meeting of the Council of the City of Livonia was adjourned at 10 49 p m , June 21, 1995 10 , 72/t& atz .an McCotter, City Clerk