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HomeMy WebLinkAboutCOUNCIL MINUTES 1993-12-20 28009 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SIXTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 20, 1993, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8:03 p.m. Councilmember Feenstra delivered the invocation. Roll was called with the following result: Fernon P. Feenstra, Michael P McGee, Sean P. Kavanagh, Ron Ochala, Dale A. Jurcisin, and Gerald Taylor Absent: Laura M. Toy Elected and appointed officials present Robert D Bennett, Mayor; Raul Galindo, City Engineer, John Nagy, City Planner; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Ann W. Tavolacci, Deputy City Clerk; Karen A Szymula, Director of Legislative Affairs; James Andres, Chief Accountant; Ronald Reinke, Superintendent of Parks and Recreation; James Inglis, Director of Housing; Thomas Yates, Sergeant, Police Department; Elizabeth Todd, Deputy Treasurer; Robert J. Beckley, Director of Public Works; Edith Davis, Personnel Director; Dorothy Wilshaw, Arts Commission; and Laura Callow, Human Relations Commission. On a motion by McGee, seconded by Feenstra, and unanimously* adopted, it was #980-93 RESOLVED, that the minutes of the 1,262nd Regular Meeting of the Council of the City of Livonia, held December 8, 1993, are hereby approved as submitted *Councilmember Ochala abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.04.190B of the Livonia Code of Ordinances No one wished to speak during the audience communication portion at the beginning of the meeting. 28010 At the direction of the Chair, Item #2 was removed from the Consent portion of the Agenda On a motion by Feenstra, seconded by Kavanagh, it was: A communication from the Assistant Superintendent of School Business Affairs of the Clarenceville School District, dated November 16, 1993, re agreement for the collection of taxes between the Clarenceville Board of Education and the City of Livonia on all taxable property of that portion of the school district in the City of Livonia, including debt services and building and site was received and placed on file for the information of the Council A communication from the Director of Inspection, dated December 1, 1993, re vehicle parking situation (red Chevy Suburban with trailer hitch) at 33305 W Seven Mile Road was received and placed on file for the information of the Council (CR 910-93) #981-93 RESOLVED, that having considered a report and recommendation from the Chief of Police, dated November 29, 1993, which bears the signature of the Finance Department and is approved for submission by the Mayor, with regard to the use of the Police Training Facility (weapons range) located at the City's reclamation land disposal site in Section 27 by the Michigan State Police, F B I , and local police agencies for range training purposes, the Council does hereby determine to authorize the use of the said facility in the manner indicated at a rental rate of $200 00 per eight (8) hours use per agency, and that such fees collected shall be deposited in the City's General Fund; and to the extent necessary to be consistent herewith, Council Resolutions 372-81 and 451-90 are hereby amended and/or repealed #982-93 RESOLVED, that having considered a report and recommendation from the Chief of Police, dated December 1, 1993, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby authorize the execution of a 48-month operating lease between the City of Livonia and American Photocopy, 1211 Trumbull, Detroit, Michigan 48216, wherein the latter would. provide for use by the Records Division of the Division of Police a Sharp copier, Model SD-2060 for a monthly rental charge of $812 00, and funding for which is presently provided in Account 101-304-904-000; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04.140D5 of the Livonia Code of Ordinances, as amended 28011 isa #983-93 RESOLVED, that having considered a report and recommendation of the Superintendent of Parks and Recreation, dated November 17, 1993, approved for submission by the Mayor, and which transmits the Parks and Recreation Commission Resolution 2244-93 wherein a rate increase of $1.00 per game is recommended for the categories noted as well as a policy change in that certain youth athletic leagues will pay the officials at the site, the Council does hereby concur in and approve of such action #984-93 RESOLVED, that having considered a report and recommendation from the Superintendent of Parks and Recreation, dated November 17, 1993, approved for submission by the Mayor, which sets forth Parks and Recreation Commission Resolution 2240-93, wherein it is recommended that the Council accept the attached Master Recreation and Parks Plan prepared by the Parks and Recreation Department and the Planning Department, the Council does hereby accept and approve of the said plan in the manner and form herein submitted. #985-93 WHEREAS, the City of Livonia is proposing the construction of a project to separate combined sewers and reduce sources of storm inflow to the sanitary sewer system; WHEREAS, the City of Livonia is preparing an Application for Assistance from the Michigan Water Pollution Control Revolving Loan Fund for the design and construction of the proposed project; NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Works, a position currently held by Robert J Beckley, is designated as the authorized representative for all activities associated with the project referenced above #986-93 RESOLVED, that having considered a report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated December 2, 1993, approved by the Finance Department and approved for submission by the Mayor, the Council does hereby accept the unit bid price of Westland Tree Service, 41307 Five Mile Road, Plymouth, Michigan 48170, for completing all work required in connection with the City's 1994 Tree and Stump Removal Program for a total price of not to exceed $14,975 00, the same having been in fact the lowest bid received for this item and meets all specifications; and the Director of Public Works 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 contract. #987-93 RESOLVED, that having considered the report and recommendation of the Finance Department, received by the office of the City Clerk on December 7, 1993, which bears the signature 28012 of the Mayor, and to which is attached a communication from the Executive Director of the Community Commission on Drug Abuse (CCODA), dated December 3, 1993, requesting annual funding for the CCODA, the Council does hereby authorize the appropriation of the sum of $24,000 00 from Account 101-279-956-000, to be paid and transferred to the CCODA in support of professional services provided by CCODA for the fiscal year ending November 30, 1994. A communication from the Livonia Housing Commission, dated December 2, 1993, re: acquisition and rehabilitation of fifteen (15) scattered site single family homes was received and placed on file for the information of the Council #988-93 RESOLVED, that having considered a communication from the Assistant Planning Director and Executive Director of the Housing Commission dated December 2, 1993, approved for submission by the Mayor, which sets forth recommended amendments to the 1993-94 Community Development Block Grant (CDBG) program by adding two new activities and deleting a third activity, the Council does hereby concur in the recommendation and approves the amended CDBG budget and amended Final Statement of Objectives and Projected Use of Funds for the 1993-94 program year beginning August 1, 1993 and ending July 31, 1994 #989-93 RESOLVED, that having a considered a communication from the City Planning Commission, dated December 7, 1993, which transmits its Resolution 11-219-93, adopted on November 30, 1993, with regard to Petition 93-10-3-4, submitted by Craig and Lynne O'Neil, requesting the vacating of a portion of an easement on Lot 337 of Country Homes Estates Subdivision No 2, north of Myrna Avenue between Newburgh and Levan Roads in the Southwest 1/4 of Section 17, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 93-10-3-4; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #990-93 RESOLVED, that the Council does hereby request that the City Planning Commission consider the question of vacating a certain easement on Lot 337 of Country Homes Estates Subdivision No. 2, north of Myrna Avenue between Newburgh and Levan Roads in the Southwest 1/4 of Section 17, and thereafter submit its report and recommendation #991-93 WHEREAS, the City of Livonia finds that there is an urgent necessity for Merriman Road between Plymouth and Schoolcraft to be widened and improved by a grade separation at the CSX Railroad (formerly C & 0 Railroad), in Section 26 in the City of Livonia, Wayne County, Michigan; and 2801 3 WHEREAS, the Council finds that it is necessary to widen and alter Merriman Road in this area in order to facilitate the flow of traffic and to alleviate traffic congestion as a matter of public safety and convenience and to promote the public welfare generally; and WHEREAS, the Council further finds that the acquisition of certain rights-of-way, as further described hereinafter, is indispensable to the necessary widening, paving, altering and improvement of Merriman Road; and WHEREAS, the City Engineer has recommended that Merriman Road between Plymouth and Schoolcraft be widened and altered so as to provide a grade separation between the roadway and railroad right-of-way, similar to existing roads which are located throughout the City, and has presented plans which have been approved by this Council; and WHEREAS, the aforesaid improvement is to be financed from part of the proceeds of the 12 Million Dollar General Obligation Road Improvement Bond Issue approved by the electorate of the City in 1989; and WHEREAS, Merriman Road between Plymouth and Schoolcraft is a county road under the jurisdiction and control of the County of Wayne, Michigan; and WHEREAS, the City of Livonia and the County of Wayne, Michigan, have heretofore entered into agreements pursuant to provisions contained in Act 51 of the Public Acts of the State of Michigan of 1951, as amended, wherein the aforementioned County of Wayne has authorized the City of Livonia to act on its behalf in acquiring either by negotiation or condemnation proceedings right-of-way; and WHEREAS, the grade separation and widening of Merriman Road between Plymouth and Schoolcraft is incorporated in the Master Plan of the City of Livonia as part of the Master Thoroughfare Plan, having been incorporated in said Master Thoroughfare Plan by a resolution of the City Planning Commission adopted on April 19, 1951, as amended June 12, 1973; NOW, THEREFORE, BE IT RESOLVED, that this Council for the City of Livonia, Wayne County, Michigan, hereby declares that the acquisition of a certain right-of-way, as hereinafter described, is necessary for the grade separation between the roadway and railroad right-of-way and widening, paving, altering and improvement of Merriman Road which is necessary as a public improvement for the use and benefit of the public, for the purposes of its incorporation, for a public purpose within the scope of its power, and that a good faith offer to purchase said right-of-way has been made to the known property owners; and 28014 BE IT FURTHER RESOLVED, that this Council does hereby declare that it determines it necessary to take the fee to private property upon just compensation to be paid therefore for such improvement, the said properties necessary for the required rights-of-way and the just compensation for same being as follows: (1) That part of the S E. 1/4 of Section 26, T 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 00° 45' 20" West, 49.5 feet and South 88° 49' 40" East, 60 feet from the West 1/4 corner of said Section 26; and proceeding thence South 88° 49' 40" East, 78 feet along the South line of the Chesapeake & Ohio Railroad right-of-way (also known as the C S X. Transportation Incorporated property); thence South 02° 46' 44" West, 169 89 feet; thence North 88° 57' 40" West, 72 feet; thence North 00° 45' 20" East, 170 feet to the point of beginning. Portion of Wayne County Bureau of Taxation Property Number 103-99-0005-000 (12500 Merriman Road) Interested Parties Kurtis-Livonia Properties, a Michigan Co-Partnership 12500 Merriman Road Livonia, MI 48150 Kurtis Manufacturing & Distributing Corporation, a Michigan Corporation 12500 Merriman Road Livonia, MI 48150 Kurtis Kitchen & Bath Centers, Inc 12500 Merriman Road Livonia, MI 48150 Estate or interest to be taken Fee simple in real property Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with the provisions of Act 288 of the Public Acts of 1966 Estimated just compensation $265,000.00 (2) That part of the S W 1/4 of Section 26, T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 00° 45' 20" West, 219 5 feet and South 88° 57' 40" East, 60- feet from the West 1/4 corner of Section 26; and proceeding thence South 88° 57' 40" East, 72 feet; thence South 06° 23' 14" West, 122 28 feet; thence North 88° 57' 40" West, 60 feet; thence North 00° 45' 20" East, 121 75 feet to the point of beginning. 28015 Portion of Wayne County Bureau of Taxation Property Number 103-99-0004-000 (12400 Merriman Road) Interested Parties Martin B. Rothenberg and Elaine S. Rothenberg 12400 Merriman Road Livonia, MI 48150 Maro Precision Tool Company 12400 Merriman Road Livonia, MI 48150 Estate or interest to be taken: Fee simple in real property Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with the provisions of Act 288 of the Public Acts of 1966 Estimated just compensation $ 33,000.00 (3) That part of the S W 1/4 of Section 26, T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 00° 45' 20" W. , 341 25 ft and South 88° 57' 40" East, 60 ft from the West 1/4 corner of Section 26; and proceeding thence South 88° 57' 40" E , 60 ft ; thence South 07° 48' 24" West, 195 51 ft ; thence North 88° 57' 40" West, 36 ft. ; thence North 00° 45' 20" East, 194 15 ft to the point of beginning Portion of Wayne County Bureau of Taxation Property Number 103-99-0003-000 (12360 Merriman Road) Interested Parties Frank J and Theresa L Kowal 12360 Merriman Livonia, MI 48150 Accurate Machine Service, Inc 12360 Merriman Livonia, MI 48150 Security Bank and Trust Company 16333 Trenton Road Southgate, MI 48195 Michigan National Bank-West Metro 27777 Inkster Road Farmington Hills, MI Estate or interest to be taken Fee simple in real property Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with the provisions of Act 288 of the Public Acts of 1966 28016 Estimated just compensation $ 54,500 00 (4) That part of the S W. 1/4 of Section 26, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 00° 45' 20" West, 535.40 feet and South 88° 57' 40" East, 60 feet from the West 1/4 corner of said Section 26; and proceeding thence South 88° 57' 40" East, 36 feet; thence South 09° 52' 31" East, 168.04 feet; thence North 88° 57' 40" West, 67 feet; thence North 00° 45' 20" East, 165 feet to the point of beginning. Portion of Wayne County Bureau of Taxation Property Number 103-99-0001-000 (12300 Merriman Road) Interested Parties S J Investment Company 12300 Merriman Livonia, MI 48150 DML Food Distributors, Inc 12300 Merriman Livonia, MI 48150 Tocco Wholesale Food Company 12300 Merriman Livonia, MI 48150 Colorado Prime Warehousing 12300 Merriman Livonia, MI 48150 Science Foods, Inc 12300 Merriman Livonia, MI 48150 Liberty State Bank 9301 Joseph Campau Hamtramack, MI 48212 Estate or interest to be taken Fee simple in real property Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with the provisions of Act 288 of the Public Acts of 1966 Estimated just compensation: $ 37,000 00 (5) The East 67 feet of the West 127 feet of that part of the S W. 1/4 of Section 26, T. 1 S , R 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the West section line distant due South 700.4 feet from the West 1/4 corner of Section 26; and proceeding thence South 89° 29' East, 660.04 feet; thence South 00° 20' 29" West, 99 feet; thence North 89° 29' West, 659 45 feet; thence due North 99 feet to the point of beginning 28017 Portion of Wayne County Bureau of Taxation Property Number 103-99-0006-001 (12240 Merriman Road) Interested Parties Samuel H Cowen, Trustee of the Samuel H Cowen Trust 12240 Merriman Road Livonia, MI 48150 National Discount Center 12240 Merriman Road Livonia, MI 48150 National Denture Center 12240 Merriman Road Livonia, MI 48150 David Smith, D.D S 12240 Merriman Road Livonia, MI 48150 Estate or interest to be taken: Fee simple in real property Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with the provisions of Act 288 of the Public Acts of 1966 Estimated just compensation $ 53,000.00 (6) That part of the N W 1 4 of Section 26, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant North 00° 02' 20" West, 49 5 feet; thence South 88° 25' 30" East, 140 feet and North 05° 06' 45" West, 203 97 feet from the West 1/4 corner of said Section 26; and proceeding thence North 05° 06' 45" West, 195 feet; thence South 89° 25' 30" East, 63 feet; thence South 13° 15' 35" West, 198 89 feet to the point of beginning Portion of Wayne County Bureau of Taxation Property Number 102-01-0021-001 (31391 Industrial) Interested Parties: Mr Robert Harris Orley Mr Gregg L Orley 31391 Industrial Road Livonia, MI 48150 Franklin Savings and Loan Assoc 26336 Twelve Mile Road Southfield, MI 48086 Cort Furniture Rental Corporation Attn Director of Facilities 3015 Williams Drive Fairfax, VA 22031 28018 Estate or interest to be taken Fee simple in real property Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with the provisions of Act 288 of the Public Acts of 1966. Estimated just compensation: $156,000 00 BE IT FURTHER RESOLVED, that the Department of Law of the City of Livonia be and is hereby authorized and directed to institute and conduct the necessary proceedings on behalf of the City of Livonia in the Circuit Court for the County of Wayne, State of Michigan (that being the County where the private property sought to be taken is located), to carry out the objectives of this resolution, and to acquire by condemnation for the City of Livonia the private property hereinbefore described for the purposes of widening, paving, altering and improving Merriman Road between Plymouth and Schoolcraft, as a necessary and authorized public improvement, and that said proceedings be brought in accordance with the provisions of Act 87 of the Public Acts of 1980, as amended, being MCLA 213 51, et seq , and which proceedings are made subject to being authorized by the County of Wayne; BE IT FURTHER RESOLVED, that the Council does hereby authorize the expenditure of a sum not to exceed $598,500 00 for acquisition costs and, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $59,850 00 as the City's portion of the prorated City, County, County Drain, School and Community College tax in connection with the aforesaid right-of-way, the same to be prorated as of the date of closing, and FURTHER, the Council does hereby authorize the payment of the aforesaid sum from the 12 Million Dollar General Obligation Road Improvement Bond Issue approved by the electorate of the City in 1989 as compensation to be paid to the subject property owners in connection with the project; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to affix their signatures to a Declaration of Taking in order to carry out the provisions of this Resolution and Statement of Necessity #992-93 RESOLVED, that the Council does hereby discharge from the Capital Improvement Committee for further consideration by the City Council the subject matter of Council Resolution 847-89, adopted on September 6, 1989, relating to "City Hall in the Mall" (Public Access Kiosk Systems) #993-93 RESOLVED, that having considered a communication from Councilmember Dale A Jurcisin, dated December 13, 1993, with regard to a proposal submitted to the City of Livonia by 28019 International Business Machines (IBM) and Technology Applications Group, Inc (TAG) , dated December 13, 1993, for the design and development of a business information access interactive kiosk system, the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to enter into a 5-year lease agreement with IBM/TAG for a total of three public access kiosks and one development system and application development for a total price of $144,430.00, such agreement to be made subject to approval as to form by the Department of Law, and the terms of which are as either cash on completion or annual payments as follows: City of Livonia - Quotation for Annual Payments Annual Equipment/ Total Payment Interest Services Price Term Amount Rate 3 Kiosks and 1 $ 35,230 60 mos $ 8,372 58 6 04 Development Center Application $109,200 60 mos $26,369 55 6.63 Development TOTALS $144,430 $34,742 13 and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute a term lease mastez agreement (if this is deemed necessary), as well as an IBM proposal for the design and development of a public information access interactive kiosk; FURTHER, the Council does hereby appropriate a sum not to exceed $144,430 00 from the Cable Television Fund for this purpose; and the Council does hereby authorize this item without competitive bidding in accordance with Section 3 04 140D5 of the Livonia Code of Ordinances, as amended; and the Mayor and City Clerk are hereby authorized to do all things necessary or incidental to the full performance of this resolution #994-93 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934; MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, February 7, 1994, at 8:00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 93-8-1-12, as amended, submitted by Tri-West Development Corp. for a change of zoning on property located on the south side of Five Mile Road between Bainbridge Avenue and Henry Ruff Road in the Northwest 1/4 of Section 23, from RUFA to R-1A, the City Planning Commission in its resolution 11-214-93 having recommended to the City Council that Petition 93-8-1-12, as amended, be approved; 28020 Ibi (2) Petition 93-10-1-14 submitted by Plymouth Road Development Co for a change of zoning on property located on the north side of Plymouth Road, west of Middlebelt Road, in the Southeast 1/4 of Section 26, from C-1 to C-2, the City Planning Commission in its resolution 11-215-93 having recommended to the City Council that Petition 93-10-1-14 be denied; and (3) Petition 93-10-1-16 submitted by Ansara Brothers and Peter Fleming for a change of zoning on property located on the west side of Newburgh Road, south of Six Mile Road, in the Northeast 1/4 of Section 18, from OS to C-2, the City Planning Commission in its resolution 11-216-93 having recommended to the City Council that Petition 93-10-1-16 be denied; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. #995-93 RESOLVED, that the Council having considered a communication from the City Engineer, dated December 6, 1993, and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 16.24 310 of the Livonia Code of Ordinances, as amended, wherein it is required that street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Orangelawn Woods Subdivision located in the Northeast 1/4 of Section 33, T.1S. , R 9E , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifica- 28021 Ile tions and recommendations have been properly filed by the City Engineer with the City Clerk under date of December 6, 1993, and that there has been a full compliance with all of the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, February 7, 1994, at 8:00 p m. as the date and time for a public hearing on the necessity for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3.08.070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08.070 of said Code #996-93 RESOLVED, that the Council having considered a communication from the City Engineer, dated December 3, 1993, and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 16 24 310 of the Livonia Code of Ordinances, as amended, wherein it is required that street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Willow Creek Subdivision located in the Northwest 1/4 of Section 14, T. 1S. , R 9E , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of December 3, 1993, and that there has been a full compliance with all of the provisions of Section 3.08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, February 7, 1994, at 8 00 p m. as the date and time for a public hearing on the necessity for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code. A roll call vote was taken on the foregoing resolutions with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor. NAYS: None 28022 Kavanagh took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 11 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 93-8-1-13) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor. NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 93-8-3-3) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #997-93 RESOLVED, that having considered a communication from the City Treasurer, dated December 17, 1993, regarding the replacement of sidewalks in the City of Livonia on the following parcels in the following amounts Parcels of property and assessment, as outlined in the Treasurer's letter dated December 17, 1993, is included herein by reference; 28023 lie which work was done pursuant to Council Resolution 853-93 and in accordance with the provisions of Section 12.04.340 of the Livonia Code of Ordinances, Title 12, Chapter 4 and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby, pursuant to the provisions of Section 3.08.150 of the Livonia Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a special assessment is placed upon such property for said charges; FURTHER, the Council does hereby authorize installment payments in the number of three (3) installments at 8% interest where assessments exceed $400 and the property owner has requested such installments; FURTHER, the Council does hereby request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assessment roll of the City, and where payments herein authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable therewith on the next general tax roll; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was: #998-93 RESOLVED, that having considered a communication from the City Assessor, dated November 23, 1993, approved for submission by the Mayor, with regard to a request from Mr. Gregory D Demopoulos of Helmkamp, Ellis, Abraham & Demopoulos on behalf of his client, Mr Marcel Cihelka, 15925 Oak, Livonia, Michigan 48154, and having also considered a letter from Mr Gregory D Demopoulos, dated December 9, 1993; a letter from Patricia M Till, 15470 Oak Drive, dated December 6, 1993; a letter from Arlene J Mahinski, 15450 Oak Drive, dated December 7, 1993; a letter from Mary and Marcel Bihan, 15905 Oak Drive, dated December 8, 1993; a letter from Mr and Mrs Young, 15506 Oak Drive, received by the office of the City Clerk on December 9, 1993; a letter from Samuel Filippelli, 15946 Oak Drive, dated December 8, 1993; a letter from Elmer E. Schulz, 15930 Oak Drive, dated December 7, 1993; and a letter from Vivian Noble, 15579 Oak Drive, dated December 14, 1993; 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 Tax Item No. 46-052-99-0045-000 into two parcels since the proposed lot split would not be consistent with good planning and zoning practice, be contrary to 28024 the spirit and purpose of the City of Livonia Zoning Ordinance 543, as well as be in violation of applicable deed restrictions which prohibit construction of more than one residence on the subject premises On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was: #999-93 RESOLVED, that having considered a communication from the Mayor, dated December 7, 1993, which bears the signature of the Finance Department, and wherein the following salary and benefit changes are recommended for appointed salaried Deputy and Department Head classifications, for the period December 1, 1992 through November 30, 1995, the wage adjustments to be retroactively applied: WAGE ADJUSTMENT *1992-93 4% *1993-94 2% 1994-95 2% *NOTE All appointed Department Head position salaries Ihm shall remain "frozen" at fiscal year 1991-92 levels for the fiscal year 1992-93; therefore, the 4% increase indicated above shall not be applied to those positions effective December 1, 1992; however, for fiscal year 1993-94, the salary adjustment for all appointed Department Head positions shall be 6 08%, which incorporates the 4% salary adjustment not received during the "freeze" year in addition to the 2% salary adjustment due for the 1993-94 fiscal year; no salary adjustment is recommended for the vacant position of Director of Finance at this time; LONGEVITY PAY: (Effective 12/1/92) 5 - 7 years $ 260.00 7 - 14 years $ 650 00 14 - 21 years $1,300.00 21 or over $1,950.00 DENTAL: 1992-93 $ 425.00 1993-94 $ 450.00 1994-95 $ 475 00 HOSPITALIZATION-MEDICAL COVERAGE: Health Insurance remains as is except effective December 1, 1993, the drug co-pay shall be $5.00; for employees hired on or after December 1, 1994, said employees shall contribute 28025 lbw the following toward health care: Family Plan, $40 00 per month; Two-Persons, $35 00 per month; Single Subscriber, $30 00 per month. Effective December 1, 1994, new employees will have the choice of only one HMO to be selected by the City; the Council does hereby concur in and approve of the aforesaid action in the manner and form herein submitted On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #1000-93 RESOLVED, that having considered a communication from the Personnel Director, dated December 7, 1993, which bears the signature of the Finance Department and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on December 16, 1993, and which recommends certain salary and fringe benefit adjustments for Administrative, Professional, Exempt and Confidential classifications, for the period December 1, 1992 through November 30, 1995, which are as follows WAGE ADJUSTMENT -x1992-93 4% *1993-94 2% 1994-95 2% *NOTE: All Department Head position salaries shall remain "frozen" at fiscal year 1991-92 levels for the fiscal year 1992-93; therefore, the 4% increase indicated above shall not be applied to those positions effective December 1, 1992; however, for fiscal year 1993-94, the salary adjustment for all Department Head positions shall be 6 08%, which incorporates the 4% salary adjustment not received during the "freeze" year in addition to the 2% salary adjustment due for the 1993-94 fiscal year; LONGEVITY PAY (Effective 12/1/92) 5 - 7 years $ 260 00 7 - 14 years $ 650.00 14 - 21 years $1,300.00 21 or over $1,950 00 DENTAL imp 1992-93 $ 425 00 1993-94 $ 450 00 1994-95 $ 475 00 28026 HOSPITALIZATION-MEDICAL COVERAGE: Health Insurance remains as is except effective December 1, 1993, the drug co-pay shall be $5 00; for employees hired on or after December 1, 1994, said employees shall contribute the following toward health care: Family Plan, $40.00 per month; Two-Persons, $35 00 per month; Single Subscriber, $30 00 per month Effective December 1, 1994, new employees will have the choice of only one HMO to be selected by the City; the Council does hereby concur in and approve of the aforesaid action in the manner and form herein submitted. On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, it was: #1001-93 RESOLVED, that the Council does hereby refer to the Finance and Insurance Committee for its report and recommendation the issue of requiring newly hired employees to contribute toward the cost of providing hospitalization-medical coverage with respect to future employee contracts On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #1002-93 RESOLVED, that having considered a communication from the City Clerk, dated December 7, 1993, wherein she indicated that she has reappointed Ann Tavolacci, 18415 University Park, Livonia, Michigan 48152, as Deputy City Clerk, for the period through December 31, 1995, the Council does hereby confirm the said appointment in accordance with Chapter V, Section 9 of the Charter of the City of Livonia at the following annual salary: Fiscal Year 1992-1993 - $39,062.40 per annum; (Retroactive) Fiscal Year 1993-1994 - $39,852.80 per annum; and Fiscal Year 1994-1995 - $40,643 20 per annum; with the same benefits extended to other full-time classified employees under the Local 192 agreement On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was 28027 #1003-93 RESOLVED, that having considered a communication from the City Treasurer, dated December 7, 1993, wherein he indicated that he has reappointed Elizabeth Todd, 32639 Five Mile Road, Livonia, Michigan 48154, as Deputy City Treasurer, for the period through December 31, 1995, the Council does hereby confirm the said appointment in accordance with Chapter V, Section 9 of the Charter of the City of Livonia at the following annual salary: Fiscal Year 1992-1993 - $39,062.40 per annum; (Retroactive) Fiscal Year 1993-1994 - $39,852.80 per annum; and Fiscal Year 1994-1995 - $40,643.20 per annum; with the same benefits extended to other full-time classified employees under the Local 192 agreement On a motion by McGee, seconded by Ochala, it was RESOLVED, that having considered a report and recommendation of the Superintendent of Parks and Recreation, dated November 23, 1993, approved for submission by the Finance Department and the Mayor, an which transmits Parks and Recreation Commission Resolution 2243-93, adopted on November 1, 1993, wherein the following increase in greens fees and changes to policy are recommended: 1 FEES CURRENT PROPOSED RESIDENT Mon-Fri 9 holes $ 7 50 $ 8 50 Mon-Fri 18 holes 12 00 13 00 Sat/Sun/Hol 9 holes 8 50 9.50 Sat/Sun/Hol 18 holes 13 00 14 00 Twilight 4 00 5.00 Senior 9 holes $ 3 50 $ 4.50 18 holes 7 00 8.00 Junior 9 holes 3 50 4.50 18 holes 7.00 8 00 NON-RESIDENT Mon-Fri 9 holes $11 .50 $12.50 Mon-Fri 18 holes 18.00 19 00 Sat/Sun/Hol 9 holes 14.50 15.50 Sat/Sun/Hol 18 holes 19.00 20 00 Twilight 6.00 7.00 RESERVATION Weekends $ .50/golfer No change Weekdays $ 50/golfer No change 28028 LEAGUE RATE $10 50/golfer $11 50 WINTER RATE $ 5.00/golfer $ 6.00 December 1 - March 31 Seniors at regular price 2. PROPOSED OUTING FEES AND POLICY NEW FEES 9 HOLES 18 HOLES OUTING RATE Monday-Friday* $11 00 $16 50 Saturday-Sunday* 13.00 17.50 NO OUTINGS ON HOLIDAYS *Includes reservation fee for guaranteed starting time NEW--OUTING POLICY a Shotgun starts permitted prior to 8:00 a m only Monday-Friday b Memorial Day to Labor Day, no outings prior to 1 00 p.m. on Saturday and Sunday c Minimum number for outing is 24 players d Minimum deposit of $200 00 required to book an outing. 3. CHANGES TO POLICY REGARDING SENIORS AND JUNIORS SENIOR TIMES April 1 thru September 30 Monday-Friday Idyl Wyld 7 00 a.m till 2 00 p.m Mon, Tues & Thurs Whispering Willows 7 00 a m till 12:30 p m Tuesday & Thursday Fox Creek 7:00 a m till 12 30 p m After September 30 Monday-Friday Idyl Wyld 7 00 a m. till 3:00 p m. Monday-Friday Whispering Willows 7 00 a m till 12 30 p.m Monday-Friday Fox Creek 7:00 a m. till 12:30 p.m. JUNIOR TIMES Monday & Thursday Idyl Wyld 7 00 a.m. till 2 00 p.m. Tuesday Whispering Willows 7:00 a m till 11:30 a.m Friday Fox Creek 7:00 a.m. till 11:30 a m. From Friday of week school is out until the Friday prior to the start of school -- ages 10-17; resident of Livonia with school identification, bus pass or report card; the Council does hereby concur in and approve of the aforesaid action in the form and manner submitted lbw On a motion by Feenstra, seconded by Kavanagh, it was 28029 RESOLVED, that the Council does hereby determine, in lieu of the foregoing resolution, to substitute a motion to reduce the greens fees for Seniors and Juniors by $ 50 and to increase the greens fees for Non-residents by $.50 A roll call vote was taken on the motion to substitute as follows: AYES: Feenstra, Kavanagh, Jurcisin, and Taylor NAYS: McGee and Ochala The President declared the resolution to substitute adopted. On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #1004-93 RESOLVED, that having considered a report and recommendation of the Superintendent of Parks and Recreation, dated November 23, 1993, approved for submission by the Finance Department and the Mayor, and which transmits Parks and Recreation Commission Resolution 2243-93, adopted on November 1, 1993, wherein the following increase in greens fees and changes to policy are recommended 1 FEES CURRENT PROPOSED RESIDENT Mon-Fri 9 holes $ 7 50 $ 8 50 Mon-Fri 18 holes 12.00 13.00 Sat/Sun/Hol 9 holes 8 50 9 50 Sat/Sun/Hol 18 holes 13 00 14 00 Twilight 4 00 5.00 Senior 9 holes $ 3 50 $ 4 50 18 holes 7 00 8 00 Junior 9 holes 3 50 4 50 18 holes 7 00 8 00 NON-RESIDENT Mon-Fri 9 holes $11 50 $12.50 Mon-Fri 18 holes 18.00 19.00 Sat/Sun/Hol 9 holes 14.50 15.50 Sat/Sun/Hol 18 holes 19 00 20 00 Twilight 6 00 7.00 RESERVATION Weekends $ .50/golfer No change Weekdays $ 50/golfer No change LEAGUE RATE $10 50/golfer $11.50 WINTER RATE $ 5 00/golfer $ 6 00 December 1 - March 31 Seniors at regular price 28030 Lir 2 PROPOSED OUTING FEES AND POLICY NEW FEES 9 HOLES 18 HOLES OUTING RATE Monday-Friday* $11 00 $16.50 Saturday-Sunday* 13 00 17.50 NO OUTINGS ON HOLIDAYS *Includes reservation fee for guaranteed starting time NEW--OUTING POLICY a. Shotgun starts permitted prior to 8:00 a m only Monday-Friday b Memorial Day to Labor Day, no outings prior to 1:00 p m. on Saturday and Sunday c Minimum number for outing is 24 players d Minimum deposit of $200 00 required to book an outing. 3 CHANGES TO POLICY REGARDING SENIORS AND JUNIORS SENIOR TIMES April 1 thru September 30 Monday-Friday Idyl Wyld 7 00 a m till 2:00 p.m Lis Mon, Tues & Thurs Whispering Willows 7 00 a m. till 12:30 p m. Tuesday & Thursday Fox Creek 7 00 a m till 12 30 p m. After September 30 Monday-Friday Idyl Wyld 7:00 a m till 3 00 p m Monday-Friday Whispering Willows 7 00 a m till 12 30 p m Monday-Friday Fox Creek 7 00 a m till 12:30 p m. JUNIOR TIMES Monday & Thursday Idyl Wyld 7 00 a.m till 2 00 p.m Tuesday Whispering Willows 7 00 a m till 11 30 a.m Friday Fox Creek 7 00 a m till 11 30 a m From Friday of week school is out until the Friday prior to the start of school -- ages 10-17; resident of Livonia with school identification, bus pass or report card; the Council does hereby determine to concur and approve of the foregoing action with the exception, however, that the fees for Seniors and Juniors shall be as follows: CURRENT PROPOSED Senior 9 holes $ 3 50 $ 4 00 18 holes 7 00 7.50 Junior 9 holes 3.50 4 00 18 holes 7 00 7 50 28031 and the rates with respect to Non-residents shall be as follows: IL. NON-RESIDENT Mon-Fri 9 holes $11 50 $13 00 Mon-Fri 18 holes 18 00 19 50 Sat/Sun/Hol 9 holes 14 50 16 00 Sat/Sun/Hol 18 holes 19.00 20.50 Twilight 6.00 7.50 A communication from the Director of Inspection, dated December 16, 1993, re: the condition and maintenance of the Buckingham Shopping Center located on the north side of Schoolcraft Road east of Inkster Road was received and placed on file for the information of the Council. (Petition 93-10-2-26) On a motion by Jurcisin, seconded by Ochala, it was: #1005-93 RESOLVED, that having considered a communication from the City Planning Commission, dated December 6, 1993, which transmits its resolution 11-218-93, adopted on November 30, 1993, with regard to Petition 93-10-2-26, submitted by Donald J and Terri D Mattarella requesting waiver use approval to operate a limited service restaurant in an existing building located on the north side of Schoolcraft Road between Inkster Road and Cardwell Avenue in the Southeast 1/4 of Section 24, which property is zoned C-2, and having also considered a letter from Canvasser Companies, dated December 9, 1993, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 93-10-2-26 is hereby approved and granted subject to the following conditions: 1 That there shall be a limitation in the number of customer seats of no more than 30 seats; and 2. That a garbage disposal shall be incorporated in this proposed facility. A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Kavanagh, Ochala, Jurcisin, and Taylor. NAYS: Feenstra The President declared the resolution adopted. On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: 28032 #1006-93 RESOLVED, that having considered a communication from the City Clerk, dated September 29, 1993, which indicates that Livonia Builders, Inc. , 35189 Vargo, Livonia, Michigan 48152, the proprietor of Willow Creek Subdivision, located on the south side of Six Mile Road between Merriman Road and Henry Ruff in the Northwest 1/4 of Section 14, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval; and the Council having received a communication from the City Planning Commission, dated September 29, 1993, wherein said Commission approves the final plat for the said subdivision in its resolution 9-178-93, adopted on September 28, 1993; and the Council having considered a report from the City Engineer, dated September 24, 1993, recommending approval of the final plat of said subdivision, the final preliminary plat of which was approved by the Council in its resolution 976-93, adopted on December 8, 1993, said final preliminary plat having been recommended for approval by the City Planning Commission on February 23, 1993 in its resolution 2-48-93; NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Willow Creek Subdivision, located in the Northwest 1/4 of Section 14, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia; and FURTHER, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution; and Council Resolution 836-93, adopted on October 13, 1993, is hereby rescinded and repealed to the extent necessary to be consistent with the action taken herein On a motion by Jurcisin, seconded by Feenstra, it was #1007-93 WHEREAS, pursuant to Act 198 of the Public Acts of Michigan of 1974, as amended ("Act 198"), after a duly noticed public hearing held on November 17, 1993, this Council, by Resolution adopted on November 22, 1993, established City of Livonia Industrial Development District No 57 WHEREAS, G P D Inc. ("GPD") has filed an Application for Industrial Facilities Exemption Certificate under Act 198 ("Application") with respect to a proposed new facility, to be constructed and installed within the District on the parcel of land described in the Application and attached hereto as Exhibit A and incorporated by reference herein; and WHEREAS, before acting on the Application, this Council held a hearing on December 13, 1993, at 7 30 p m. , at 33000 Civic Center Drive, Livonia, Michigan, at which the public, GPD, the Assessor of the City of Livonia and representatives of all taxing units which levy ad valorem taxes within the City of Livonia were afforded an opportunity to be heard on the Application after flow being provided with notice thereof; and 28033 WHEREAS, the state equalized valuation of property proposed to be exempted pursuant to the Application, considered together with the aggregate state equalized valuation of property exempt under certificates previously granted and currently in force under Act 198, will not exceed five (5%) percent of the state equalized valuation of the City of Livonia NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVONIA AS FOLLOWS: 1. This Council finds and determines that the granting of an Industrial Facilities Exemption Certificate to GPD in accordance with the Application ("Certificate"), considered together with the aggregate amount of all certificates previously granted and currently in force under Act 198, shall not have the effect of substantially impeding the operation of the City of Livonia or impairing the financial soundness of any taxing unit which levies ad valorem taxes in the City of Livonia 2 This Council finds and determines that the Application complies with Act 198 and, in particular, the requirements of Section 9(2) of Act 198 as follows: (a) GPD's proposed new facility is located within the District which was duly established in the City of Livonia, which municipality is eligible under Act 198 to establish the District, the District having been established upon a request filed before commencement of the construction of the new facility (b) The commencement of such construction occurred not earlier than six (6) months before the filing of the Application (c) The Application relates to a construction program which when completed will constitute a new facility within the meaning of Act 198 and which shall be situated in the District as duly established by the City of Livonia, which is eligible under Act 198 to establish the District (d) Completion of GPD's proposed new facility is calculated to, and will at the time of issuance of the Certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the City of Livonia. (e) Completion of GPD's proposed new facility will have the effect of transferring employment only from the City of Ferndale, but from no other local governmental units of the State of Michigan, to the City of Livonia; and the City of Ferndale has consented to the granting of the Certificate by resolution consenting to the transfer of employment. 28034 3. The Application by GPD for its proposed new facility to be constructed and installed on the parcel of land located within the District and described on the attached Exhibit A shall be and the same is hereby approved. 4. This Council determines that the Certificate, when issued, shall be and remain in full force and effect for a period of twelve (12) years after completion of GPD's proposed new facility. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, McGee, Kavanagh, Jurcisin, and Taylor. NAYS: Ochala. The President declared the resolution adopted. On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was: #1008-93 RESOLVED, that having considered a report and recommendation from the Department of Finance, dated December 7, 1993, which bears the signature of the Chief of Police and is approved for submission by the Mayor, wherein it is recommended that new computers be purchased from the Digital Equipment Corporation (DEC) in order to upgrade the existing computer system and wherein DEC has proposed a tax exempt lease purchase to the City in connection with this project, the Council does hereby determine as follows: 1 To authorize the purchase of computer equipment from DEC, as listed in Attachment B, in the amount of $178,222.80 for the use of the Division of Police; 2 To authorize the purchase of an extended five-year warranty from DEC, as detailed in Attachment A, at a cost of $295,943.52; 3. To authorize the borrowing of $178,222 80 from First of America Bank, Ann Arbor, Michigan, for this purchase at an interest rate of 4 55% for a five-year period with monthly payments, tax exempt; and 4. To authorize the transfer of approximately $36,593 (11/12 of $39,919.92 or less depending on the month that payments start) from Account #101-306-851-010, Police Computer Maintenance, to Account #101-306-944-000, Police Lease Purchase Payments, for the Fiscal Year 1994 portion of this installment purchase; 28035 FURTHER, the Council does hereby authorize the action herein taken without competitive bidding in accordance with Section 3.04.140D5 of the Livonia Code of Ordinances, as amended. McGee made the following disclosure respecting a conflict of interest on this matter: Mr. President, I would like the record to reflect that this matter involves 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 8:29 p.m. On a motion by Feenstra, seconded by Kavanagh, it was: #1009-93 RESOLVED, that having considered a report and recommendation from the Department of Finance, dated December 7, 1993, which bears the signature of the Chief of Police and is approved for submission by the Mayor, wherein it is recommended that new computers be purchased from the Digital Equipment Corporation (DEC) in order to upgrade the existing computer system and wherein DEC has proposed a tax exempt lease purchase to the City in connection with this project, the Council does hereby authorize the payment of a sum not to exceed $1,500.00 to Miller, Canfield, Paddock and Stone for legal services rendered in connection with this project. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Kavanagh, Ochala, Jurcisin, and Taylor NAYS: None The President declared the resolution adopted. On a motion by Feenstra, seconded by Kavanagh, it was: #1010-93 WHEREAS, an Installment Purchase Agreement (the "Agreement") between the City of Livonia (the "City"), Digital Equipment Corporation (the "Vendor") and First of America Bank- Ann Arbor (the "Bank") for the purchase, delivery and installation of a VAX 4000-100 Dual-Host VMS-SYS, as set forth in the Vendor's Quotation No 940DDA0128-11 (the "Equipment") has been prepared; and WHEREAS, the purchase price of the Equipment is $178,222 80 (the "Purchase Price"); and 28036 WHEREAS, pursuant to the Agreement, the City will pay the Purchase Price in sixty (60) monthly installments, commencing on February 1, 1994, as will be specified in the Agreement (each, a "Payment Date"), with interest payable thereon at a rate equal to 4 55% per annum; and WHEREAS, the Agreement is to be assigned to the Bank; and WHEREAS, it is necessary to approve the Agreement and authorize the City's Mayor and Clerk to execute the Agreement and/or certain other documentation relative thereto NOW, THEREFORE, BE IT RESOLVED THAT 1. The Agreement is hereby approved substantially in the form on file with the City Clerk The City shall incur the debt described in the Agreement through execution of the Agreement by the officers authorized below which debt shall consist of the Purchase Price of $178,222 80, which Purchase Price shall be payable in sixty (60) monthly installments with interest thereon at a rate of 4.55% per annum The installments of interest shall be payable monthly, commencing February 1, 1994 and installments of principal shall be payable monthly commencing February 1, 1994 2 The Mayor and City Clerk are hereby authorized and directed to execute the Agreement and deliver it to the Vendor, substantially in the form on file with the City Clerk with such additions, changes and modifications as shall be approved by the City' s Bond Counsel 3 The useful life of the Equipment is hereby determined to be not less than ten (10) years. 4 The Mayor and City Clerk are hereby directed and authorized to execute such additional documentation as shall be necessary to effectuate the closing of the Agreement and the assignment thereof 5 The assignment of the Agreement by the Vendor to the Bank is hereby approved 6. The City hereby agrees to include in its budget for each year commencing with the current fiscal year, a sum which will be sufficient to pay the principal of and interest on the Agreement coming due before the next fiscal year In addition, the City hereby pledges to levy ad valorem taxes on all taxable property in the City each year in an amount necessary to make its debt service payments under the Agreement, subject to applicable constitutional, statutory and charter tax rate limitations 7 The City hereby designates its obligations under the Agreement as "qualified tax-exempt obligations" for purposes of deduction of interest expense by financial institutions 28037 8. The City hereby covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exemption of the interest on the obligations under the Agreement from general federal income taxation (as opposed to alternative minimum or other indirect taxation) under the Internal Revenue Code of 1986, as amended, including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of proceeds of the Agreement and moneys deemed to be proceeds 9. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Kavanagh, Ochala, Jurcisin, and Taylor NAYS: None The President declared the resolution adopted. McGee made the following disclosure respecting a conflict of interest on this 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. On a motion by Ochala, seconded by Jurcisin, it was #1011-93 RESOLVED, that having considered a communication from the City Planning Commission, dated December 6, 1993, which transmits its resolution 11-217-93, adopted on November 30, 1993, with regard to Petition 93-10-2-25, submitted by RDS Detroit, Inc. requesting waiver use approval for an SDD license (packaged liquor) for a Perry Drug Store located on the south side of Five Mile Road between Newburgh Road and Blue Skies Avenue in the Northeast 1/4 of Section 19, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 93-10-2-25 is hereby approved and granted subject to the waiving of the requirement for a four hundred (400) foot separation between the proposed SDD licensed establishment and a church or school by the Zoning Board of Appeals. 28038 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh, Ochala, Jurcisin, and Taylor. NAYS: Feenstra. The President declared the resolution adopted McGee returned to the podium at 8:31 p.m. On a motion by Ochala, seconded by Jurcisin, and unanimously adopted, it was: #1012-93 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda Kavanagh left the podium at 8 32 p m in order to avoid a perceived impropriety regarding the next Agenda item. On a motion by Feenstra, seconded by Jurcisin, it was: #1013-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, 1993, and submitted pursuant to Council Resolution 449-93 (as well as Council Resolution 392-91), in connection with a letter from Joseph P. Durso, dated April 20, 1991, and submitted in behalf of William and Alice Kolak, wherein an interest is indicated in the purchase of certain City-owned property located east of 36700-20 Seven Mile Road, Livonia, Michigan, the Council does hereby determine to take no further action A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, McGee, Ochala, Jurcisin, and Taylor NAYS: None The President declared the resolution adopted. On a motion by Feenstra, seconded by McGee, it was: #1014-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, 1993, and submitted pursuant to Council Resolution 828-93, in connection with the report and recommendation of the Department of Law, dated September 24, 1993, approved for submission by the 28039 Mayor, in connection with a letter from the President of Rotondo Brothers, Inc. , dated February 16, 1993, submitted in behalf of Ray Amin, wherein an interest is expressed in the purchase of certain City-owned parcels located on the north side of Seven Mile Road east of Fitzgerald, and which indicates that Joseph Rotondo and Raymond Amin have offered to purchase the subject property for $165,000, and which offer was increased to $190,000 by a letter dated October 12, 1993, which is considerably less than the market value of the property as shown by an expert real estate appraisal, and having also considered a letter from Joseph P. Durso dated October 13, 1993, wherein he has offered to purchase the said property for the total price of $215,200, the Council does hereby determine to reject and deny the aforesaid offers to purchase A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, McGee, Ochala, Jurcisin, and Taylor. NAYS None The President declared the resolution adopted. On a motion by Feenstra, seconded by Jurcisin, it was: #1015-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, 1993, as well as the communication from Joseph Rotondo, President of Rotondo Bros , Inc. , and Raymond Amin and Bernard Mindell, dated December 14, 1993, with respect to the sale of property located on the north side of Seven Mile Road between Fitzgerald and Levan, wherein an offer to purchase in the amount of $215,200 cash has been submitted, the Council does hereby refer this item to the Regular Meeting of the Council to be conducted on January 12, 1994 at 8 00 p m. A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, McGee, Ochala, Jurcisin, and Taylor. NAYS: None. The President declared the resolution adopted. On a motion by Feenstra, seconded by McGee, it was #1016-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, 1993, with respect to certain City-owned property located on the north side of Seven Mile Road, east of Fitzgerald Avenue, the (REVISED PAGE - SEE #1017-93) 28040 Council does hereby authorize the Department of Law to employ the services of an expert real estate appraiser for the purposes of obtaining an appraisal of the entire Fire Station site including 165' presently located immediately to the east of same for a sum not to exceed $500.00 (based on R-3 zoning classification); and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $500.00 from the Unexpended Fund Balance Account for this purpose A roll call vote was taken on the foregoing resolution with the following result AYES: Feenstra, McGee, Ochala, Jurcisin, and Taylor. NAYS None The President declared the resolution adopted On a motion by Ochala, seconded by Feenstra, it was: #1017-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, 1993, the Council does hereby request that Mr. Charles W Allen, Jr , MAI, prepare an amendment to an appraisal previously submitted to the City dated July 27, 1993, with respect to certain vacant land located on the north side of Seven Mile Road, east of Fitzgerald, being Parcel #G2A1 so as to include in said amended appraisal the fair market value of the 165' of property located immediately to the east of the aforesaid Parcel #G2A1 (based on R-3 zoning classification); and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $300.00 from the Unexpended Fund Balance Account for the purposes of making payment to Mr Allen for services rendered in the preparation of the amended appraisal. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, McGee, Ochala, Jurcisin, and Taylor. NAYS: None The President declared the resolution adopted. On a motion by Ochala, seconded by Feenstra, it was #1018-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, Irm 1993, the Council does hereby request that the City Planning Commission, pursuant to Section 23 01(a), conduct a public hearing and thereafter submit a report and recommendation on the 28041 question of whether certain City-owned property located on the north side of Seven Mile Road, east of Fitzgerald, should be rezoned from PL to R-3. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, McGee, Ochala, Jurcisin, and Taylor. NAYS: None. The President declared the resolution adopted. Kavanagh returned to the podium at 8:50 p m. On a motion by Jurcisin, seconded by McGee, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, 1993, and submitted pursuant to Council Resolution 693-93, in connection with the report and recommendation of the Chief of Police, dated January 15, 1993, approved for submission by the Mayor, wherein a request is submitted to amend Section 10.90 100 of the Livonia Code of Ordinances, so as to prohibit any persons Imo from soliciting in roadways, the Council does hereby request that the Department of Law prepare the requested amendment to Section 10 90.100, effective June 1, 1994, for submission to Council. On a motion by Feenstra, it was RESOLVED, that the Council does hereby determine, in lieu of the foregoing resolution, to substitute a motion to change the effective date of the requested amendment from June 1, 1994 to January 1, 1995 The motion failed for lack of support A roll call vote was taken on the originally proposed resolution, as follows, with the following result: #1019-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, 1993, and submitted pursuant to Council Resolution 693-93, in connection with the report and recommendation of the Chief of Police, dated January 15, 1993, approved for submission by the Mayor, wherein a request is submitted to amend Section 10.90. 100 of the Livonia Code of Ordinances, so as to prohibit any persons Imo from soliciting in roadways, the Council does hereby request that the Department of Law prepare the requested amendment to Section 10.90.100, effective June 1, 1994, for submission to Council 28042 AYES: McGee, Kavanagh, Ochala, Jurcisin, and Taylor. NAYS: Feenstra. The President declared the resolution adopted. On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was #1020-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, 1993, and submitted pursuant to Council Resolution 657-93, with respect to the size of signs which are to be posted in connection with petitions for lots splits and petitions for rezoning of property, the Council does hereby request that the Department of Law prepare ordinance amendments requesting signs which are 4 feet by 4 feet, with the insert to be provided by the City Clerk, with larger type, for submission to Council to Section 16 32 060d of the Livonia Code of Ordinances with respect to lot partitions, and Section 23 05 of Ordinance 543, as amended, the Zoning Ordinance, with respect to zoning petitions On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #1021-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, 1993, in connection a report and executive summary submitted by the chairman of the committee composed of Livonia business and community leaders, dated December 7, 1993, regarding the establishment of an office for a competitive Livonia, which also sets forth a funding plan, projected timing, and a proposed job description for an executive director, the Council does hereby take this means to indicate its concurrence and support for this plan and proposal. No one wished to speak during the audience communication portion at the end of the meeting. On a motion by Ochala, seconded by McGee, and unanimously adopted, this 1,263rd Regular Meeting of the Council of the City of Livonia was adjourned at 8 57 p m. , December 20, 1993 Imo (imam,McCotter, City Clerk