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HomeMy WebLinkAboutCOUNCIL MINUTES 1993-03-24 27529 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FORTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 24, 1993, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the Vice President of the Council at 8:03 p.m. Councilmember Kavanagh delivered the invocation. Roll was called with the following result: Sean P. Kavanagh, Ron Ochala, Laura M. Toy, Dale A. Jurcisin, and Michael P. McGee. Absent: Fernon P. Feenstra and Gerald Taylor (out of town on business). Elected and appointed officials present: Robert D. Bennett, Mayor; Raul Galindo, City Engineer; John Nagy, City Planner; Joan McCotter, City Clerk; Harry Tatigian, City Attorney; Karen A. Szymula, Director of Legislative Affairs; Ronald Reinke, Superintendent of Parks and Recreation; John Fegan, Director of Inspection; Robert J. Beckley, Director of Public Works; Robert Alanskas, Planning Commission; and James Andres, Chief Accountant. On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was: #188-93 RESOLVED, that the minutes of the 1,244th Regular Meeting of the Council of the City of Livonia, held March 10, 1993, are hereby approved as submitted. Boy Scout Troop 889 from Randolph School was recognized as being in attendance at the meeting. A commendation was presented to Dale J. Brubaker, State Commander of the Department of Michigan, Veterans of Foreign Wars, by Councilmember Ochala. Also, a five- (5) year service pin was presented to Bonita Johnson, Administrative Assistant in the City Council Office. No one in the audience wished to speak at the beginning of the meeting 27530 On a motion by Jurcisin, seconded by Kavanagh, it was: #189-93 RESOLVED, that having considered a communication from the Livonia Family "Y", dated March 2, 1993, requesting permission to display a sandwich board sign, 6' x 3' in size, at the southwest corner of Farmington and Lyndon Roads on March 26, 27 and 28, 1993, for the purpose of advertising a March 28, 1993 craft show, the Council does hereby approve this request in the manner and form herein submitted. #190-93 RESOLVED, that in connection with a request submitted by the Livonia Family "Y" to display a sandwich board sign for a craft show to be conducted on March 28, 1993, the Council does hereby refer the subject of the waiver of transient merchant fees to the Finance and Insurance Committee for its report and recommendation. #191-93 RESOLVED, that having considered a communication from the Mayor, dated March 1, 1993, submitted pursuant to Section 2.48.020 of the Livonia Code of Ordinances, as amended, with regard to the reappointment of Ms Judy Hale, 31950 Cambridge, Livonia, Michigan 48154, as a member of the Local Officers Compensation Commission for a term which shall expire on April 2, 2000, the Council does hereby confirm the appointment of Ms. Hale; and it is hereby further provided that she shall take the oath of office as required in Chapter X of Section 2 of the City Charter, to be administered by the Office of the City Clerk. #192-93 RESOLVED, that having considered a letter from Christine Grudzien, 38052 Joy Road, Livonia, Michigan 48150, dated February 22, 1993, wherein a request is submitted for the vacating of 10 ft. of the 20 ft. easement located to the north and rear of Lots 91-95 of the Golden Ridge Subdivision (No. 124-02-0091-000), the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance. A communication from the Human Relations Commission, dated February 17, 1993, re: alleged racial and ethnic discrimination at the Merriman Park Apartments complex was received and placed on file for the information of the Council. (CR 950-92) #193-93 RESOLVED, that having considered a communication from the City Clerk, dated March 8, 1993, wherein it is recommended that the Election Precinct Ordinance as set forth in Chapter 1.08 of the Livonia Code of Ordinances be amended to provide for the rearrangement of precincts recommended herein, and which would also increase the number of voting precincts from 41 to 42, the Council does hereby refer this item to the Department of Law for the preparation of an appropriate ordinance amendment for submission to Council. 27531 ihro #194-93 RESOLVED, that having considered a communication from the City Clerk, dated March 8, 1993, to which is attached a proposed procedure, forms and contract governing burials which are being conducted in the Livonia Center, Clarenceville and Newburg Cemeteries, all of which are under City jurisdiction, the Council does hereby take this means to indicate its approval of the aforesaid procedure, forms and contract in the manner and form herein submitted. #195-93 RESOLVED, that having considered the report and recommendation of the City Treasurer, dated March 4, 1993, which bears the signatures of the Finance Director and the Mayor, the Council does hereby accept the proposal of 360 Services, 12623 Newburgh Road, Livonia, Michigan 48150, for the printing and mailing of the 1993 Summer and Winter Tax Statements for a total price of $9,670.64, inasmuch as the same is the lowest solicited quote and in compliance with required specifications; 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. #196-93 RESOLVED, that having considered a communication from the City Treasurer, dated March 4, 1993, which bears the signatures of the Finance Director and the Mayor, the Council does hereby refer the subject of the redesign of the City Tax Lis Bill to the Committee of the Whole for its report and recommendation. #197-93 RESOLVED, that having considered the report and recommendation of the Director of Building Inspection, dated February 11, 1993, 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 of the 1992 Weed Cutting contract between the City of Livonia and Pritula & Sons Excavating, 28355 Beverly, Romulus, Michigan 48174, in accordance with Paragraph 4 of the contract previously authorized in Council Resolution 317-91, adopted on April 17, 1991, and which was previously extended for a one-year period by Council Resolution 175-92, adopted on March 11, 1992, the said new extension to be based upon the same terms and conditions as those set forth in the original contract; FURTHER, the Council does hereby authorize an advance in the contract amount from the Municipal Refuse Fund Account for the purpose of making payments to the contractor as he completes the work, with the provision that the Municipal Refuse Fund Account be reimbursed as bills for Weed Cutting are collected; and 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; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the said contract extension as well as to do all other things necessary to fulfill the purpose of this resolution. 27532 #198-93 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated February 19, 1993, approved for submission by the Finance Director and the Mayor, the Council does hereby accept the bid of Robertson Brothers Service, Inc. , 3190 Haggerty Road, West Bloomfield, Michigan 48322, as follows: Opening Closing Opening and Closing of Botsford Swimming Pool $950.00 $350.00 Opening and Closing of Clements Circle Swimming Pool 950.00 350.00 the same having been in fact the lowest bid which meets specifications; and the bid of Hendon Pools of Michigan is hereby rejected for the reasons stated in the aforesaid communication (i.e. , that it does not meet specifications) . #199-93 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated February 19, 1993, approved for submission by the Finance Director and the Mayor, the Council does hereby accept the unit price bid of Northwest Pools, Inc. 7045 Angola Road, Holland, Ohio 43528, for supplying chlorine for the City pools for the 1993 season, for a per gallon price of $.85, and for a total estimated price of $5,950.00; the same having been the lowest bid received and meets all specifications. #200-93 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 4, 1993, approved for submission by the Finance Director and the Mayor, and which transmits Parks and Recreation Commission resolution 2211-93, wherein it is recommended that the request of the Livonia "Y" Premier Soccer Club Michigan Wolves and Michigan Hawks to vend food products on May 15, 1993 at the Jaycee Park for their annual soccer day be approved provided that all vending licenses are secured and necessary insurance forms filed with the Department of Parks and Recreation, the Council does hereby concur in and approve of this request in the manner and form herein submitted #201-93 RESOLVED, that having considered the report and recommendation of the Housing Director, dated February 17, 1993, approved for submission by the Finance Director and the Mayor, and which submits a competitive bid received with respect to the proposed sale of City-owned property located at 28571 Clarita, Livonia, Michigan 48152, the Council does hereby accept the bid of and authorize the sale of the aforesaid City-owned property to Dimitri Papasoglu, 38263 Southfarm Lane, Northville, Michigan ims 48167, for a total purchase price of $45,000, which sale is conditioned upon the purchaser providing such title work as may be required for this transaction, the action herein being taken in order to serve the best interests of the community; FURTHER, the sale herein is conditioned upon the following: 27533 1. The oak tree at the southwest corner of the home shall be removed by the City of Livonia; and 2. The property tax assessment shall not commence on the property until January 1, 1994; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution; and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction. #202-93 RESOLVED, that having considered the report and recommendation of the Housing Director, dated February 22, 1993, approved for submission by the Finance Director and the Mayor, the Council does hereby accept the bid of KCI General Contractors, New Baltimore, Michigan, for renovating the McNamara Towers #2 to provide handicapped access for a total price of $49,900, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby appropriate and authorize the use of CDBG Budget Funds for this purpose as follows: 240-800-818-621 McNamara Towers #2 Renovation C/yr. - $5,000 240-800-818-622 McNamara Towers #2 Renovation Pr/yr. - $45,000 and the Council does hereby authorize the Housing Commission to enter into a contract with KCI General Contractors, as well as to do all other things necessary or incidental to the full performance of this resolution. A communication from the Livonia Housing Commission, dated March 5, 1993, re: Financial Statements and Fiscal Year-End Reports for the twelve month fiscal year ending December 31, 1992, was received and placed on file for the information of the Council. #203-93 RESOLVED, that having considered a communication from the Director of Finance, dated March 8, 1993, approved for submission by the Mayor, to which are attached reports on the City's investments in U.S Government Securities, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. #204-93 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator) , dated February 23, 1993, which is approved for submission by the Mayor, and submitted pursuant to Section 13(6)a of Act 51, of 27534 the Public Acts of Michigan of 1951, as amended with regard to the transfer of funds for the fiscal year 1992-93 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, 25% of the amount designated for the Major Street System to be used on the Local Street System, and the City Clerk and Finance Director are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution #205-93 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator), dated February 23, 1993, which bears the signature of the Finance Director, approved for submission by the Mayor and submitted pursuant to Section 13(6)(b) of Act 51 of the Public Acts of Michigan of 1951, as amended with regard to the transfer of funds for the fiscal years of 1992-93 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, $500,000 from those funds designated for use on the Major Street System to be used on the Local Street System; and the City Clerk and Finance Director are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution. #206-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 8, 1993, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which submits final cost information with respect to the paving of Wadsworth Drive, east of Stark, in the Southeast 1/4 of Section 28, pursuant to S.A.D. No. 359, the Council does hereby determine as follows: a) To authorize a decrease in the total assessment as set forth in the confirmed assessment roll for S A.D. No. 359 from $86,112.00 to $85,932.60, with the assessments to be reduced to the assessment rate of $47.90 p a.f. ; b) To authorize the City Assessor to increase the assessments in the total amount of $5,044.42 for parcels listed in Attachments III and IV, so as to include the cost of additional work requested by property owners within the assessment district; c) To establish the final project cost at $158,916.22, of which $90,977.02 is to be charged to the special assessment district and $67,939.20 is to be assumed by the City's Michigan Transportation Fund (Local Road Account) receipts; and Imo d) To authorize an expenditure in the amount of $158,916.22 from the $12 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($90,977.02) and from Michigan Transportation Fund (Local Road Account) receipts ($67,939.20). 27535 #207-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 25, 1993, 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 G.V. Cement Contracting Co. , 13785 Monterey, Southgate, MI 48195, for the 1993 Concrete Pavement and Catch Basin Repair Program for the estimated total cost of $198,555, 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 $198,555 from the $12 Million 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, so long as the total cost of said adjustments does not exceed 5% of the bid price accepted herein; 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. #208-93 RESOLVED, that having considered the report and recommendation of the Assistant Planning Director, dated March 5, 1993, approved for submission by the Mayor, and to which is attached a report containing a brief explanation of the 1993-94 Community Development Block Grant (CDBG) Program, the Council does hereby take this means to indicate its informal approval of the proposed program and budget and does further authorize the conducting of a public hearing on this matter for public comment so that thereafter a final program and budget will be prepared for submission to the City Council. #209-93 RESOLVED, that having considered a communication from the City Planning Commission, dated March 10, 1993, which transmits its resolution 3-59-93, adopted on March 9, 1993, with regard to Petition 93-2-2-6, submitted by Livonia Rotary Club, requesting waiver use approval to conduct a carnival from April 7 through April 18, 1993 in the parking lot of the shopping center located on the north side of Plymouth Road between Haller and Middlebelt Roads in the Southwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 93-2-2-6 is hereby approved and granted, subject to the following condition: That all truck parking, temporary housing units and all other related transportation equipment and apparatus relating to the operation of the carnival shall be parked or stored to the north or rear of the shopping center building but no closer to the east property line than 100 feet. 27536 #210-93 RESOLVED, that having considered a report from Councilman Fernon P. Feenstra, with regard to the improper use of the front yard of certain residential property located on the east side of Inkster, just north of Five Mile Road, the Council does hereby request that the Inspection Department submit a report and recommendation. #211-93 RESOLVED, that having considered a report from Councilman Fernon P Feenstra, the Council does hereby request that the City Clerk and the City Treasurer submit their respective reports and recommendations with regard to what craft show fees, if any, have been waived or collected during the preceding year with respect to craft shows which have been conducted at Churchill High School, Frost Middle School, Franklin High School and the Livonia Family "Y". #212-93 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Contractors Steel Company, dated March 2, 1993, covering new industrial facilities to be located within City of Livonia Industrial Development District 7; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows: 1. The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A 1974, as amended. 2. The City Clerk shall contact each of the affected taxing units and, (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Wednesday, April 28, 1993 at 8:00 p.m. , at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. 3. The Council hereby sets Wednesday, April 28, 1993 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. #213-93 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Hy-Tek Systems, Inc. , dated March 8, 1993, covering new industrial facilities to be located within City of Livonia Industrial Development District 48; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 27537 Iwo 1. The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended. 2. The City Clerk shall contact each of the affected taxing units and, (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Wednesday, April 28, 1993 at 8:00 p.m. , at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. 3. The Council hereby sets Wednesday, April 28, 1993 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. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Kavanagh, Ochala, Toy, Jurcisin, and McGee. LNAYS: None. On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was: #214-93 RESOLVED, that the subject of transient merchant fees be referred to the Legislative Committee for its report and recommendation. On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was: #215-93 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated March 22, 1993, in connection with the report and recommendation of the Superintendent of Parks and Recreation, dated March 4, 1993, approved for submission by the Finance Director and the Mayor, and which transmits Parks and Recreation Commission Resolution 2213-93 with respect to a proposal and request from the Beverly Park Playground Committee for a community funded and built playground to be located at Beverly Park (adjacent to Coolidge School), the Council does hereby take this means to approve this proposal in concept and authorize the Administration to take such steps as may be necessary to implement this project. 27538 On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was: #216-93 RESOLVED, that the Council does hereby refer to the Streets, Roads, and Plats Committee for further consideration the subject of the proposed Beverly Park Playground project. On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was: #217-93 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated March 22, 1993, the Council does hereby refer to the Mayor for his report and recommendation the question of what contracting options might the City have as to Parks and Recreation/D.P.S. joint operators of golf courses, maintenance, etc. At the request of the Petitioner and at the direction of the Chair, Item #31 was removed from this Agenda and is to be considered on the next Regular Agenda of April 7, 1993. L McGee made the following disclosure respecting a conflict of interest on this matter: I have previously disclosed the existence of a conflict of interest with respect to this matter, and I therefore will abstain from any consideration of this agenda item. I refer to my prior statement and 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 relinquished the Chair to Senior Councilmember Ochala and left the podium at 8:27 p.m. On a motion by Jurcisin, seconded by Kavanagh, it was: #218-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 3, 1993, and submitted pursuant to Council Resolution 1161-89 in connection with a communication from the City Planning Commission, dated February 16, 1989, which sets forth its resolution 2-19-89, adopted on February 14, 1989, with regard to Petition 88-11-1-35, submitted by Charles G. Tangora, requesting a change of zoning on property located on the east side of Immo Farmington Road, north of Plymouth Road in the Southwest 1/4 of Section 27 from M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on May 1, 1989, pursuant to Council Resolution 218-89, the Council does hereby 27539 reject the recommendation of the Planning Commission and Petition 88-11-1-35 is hereby approved and granted, based upon the attached revised legal description; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh, Jurcisin, and Ochala. NAYS: Toy Senior Councilmember Ochala declared the resolution adopted. McGee returned to the podium at 8:30 p.m. , but did not resume the Chair. On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was: #219-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 3, 1993, and submitted pursuant to Council Resolution 795-89 in connection with a communication from the City Planning Commission, dated June 5, 1989, which transmits its resolution 5-116-89, adopted on May 23, 1989, with regard to Petition 89-5-8-20, submitted by Amoco Oil Company, requesting site plan approval in connection with a proposal to replace an existing service station with a new self-serve pumper and canopies located on the southwest corner of Farmington and Eight Mile Road in the Northeast 1/4 of Section 4, pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, and the Council having conducted a public hearing with regard to this matter on August 7, 1989, pursuant to Council Resolution 591-89, the Council does hereby determine to take no further action. Jurcisin took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 6 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 92-7-1-14) 27540 A roll call vote was taken on the foregoing Ordinance with the following result: Lir AYES: Kavanagh, Toy, Jurcisin, McGee, and Ochala. NAYS: None. Senior Councilmember Ochala declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was: #220-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 3, 1993, and submitted pursuant to Council Resolution 107-92 with regard to a proposal to provide for a bid specification requiring disclosure of total American content to be completed by bidders on items to be purchased by the City of Livonia, the Council does hereby refer this item to the Department of Law for the preparation of an amendment to the Finance Ordinance which would provide as follows: a) The Council may reject any bid by reason of the American manufactured content; or b) Lack of sufficient American manufactured content may result in rejection of any bid. On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was: #221-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 3, 1993, with regard to the procurement of engineering services, the Council does hereby request that the Department of Law prepare an amendment to the Finance Ordinance, Section 3.04.140, which would permit the purchase of items over the sum of $7,500 but less than $15,000 by the taking of quotes and require the taking of competitive bids with respect to items which exceed $15,000 in total amount; FURTHER, that minor adjustments may be made in contracts with the City with the approval of the Mayor and at the discretion of the Department Head in an amount up to 107., but not to exceed a total amount of $50,000 On a motion by Jurcisin, seconded by Toy, and unanimously lowadopted, it was: 27541 #222-93 RESOLVED, that having considered departmental correspondence from the Director of Public Works, dated March 8, 1993, to which is attached a proposed procedure which is intended for use whenever professional engineering or architect services are retained by the City and the cost of the contract exceeds $15,000, the Council takes this means to approve the said procedure and indicate that it should be implemented as a matter of policy. McGee resumed the Chair at 8:38 p.m. Kavanagh gave first reading to the following Ordinance: AN ORDINANCE ADDING SECTION 100 TO TITLE 5, CHAPTER 66 (PEDDLERS, TRANSIENT MERCHANTS AND SOLICITORS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting. On a motion by Kavanagh, seconded by Jurcisin, and unanimously adopted, it was: #223-93 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated March 8, 1993, the Department of Law is hereby requested to submit a report and recommendation on a proposal to restrict solicitation from 9:00 a.m. to 1/2 hour after sunset. On a motion by Kavanagh, seconded by Jurcisin, and unanimously adopted, it was: #224-93 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated March 8, 1993, the Council does hereby request that the Department of Law submit a report and recommendation on licensing procedures which regulate solicitation in Livonia set forth in the Livonia Code of Ordinances On a motion by Kavanagh, seconded by Jurcisin, and unanimously adopted, it was #225-93 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated March 8, 1993, and submitted pursuant to Council Resolution 833-92 with regard to the proposed amendment of an ordinance to ban the use of 27542 beepers and pagers by persons under the age of 18, the Council does hereby determine to take no further action, based upon the recommendation of the Chief of Police in his letter to the City Attorney of January 4, 1993. On a motion by Kavanagh, seconded by Toy, and unanimously adopted, it was: #226-93 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated March 8, 1993, and submitted pursuant to Council Resolution 909-92 in connection with a request from Gary LaRocca, 9108 Deering, Livonia, Michigan 48150, with regard to noncompliance with applicable City ordinance requirements of a residence located at 9095 Cardwell, Livonia, Michigan, and wherein he proposes that the Livonia Code of Ordinances be amended to provide ascending penalties for Building Code and Zoning Ordinance violations, the Council does hereby determine to take no further action, based upon information received in a letter from the 16th District Court, dated January 14, 1993, and a memo from the City Attorney, dated January 15, 1993. On a motion by Kavanagh, seconded by Jurcisin, it was: #227-93 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated March 8, 1993, with regard to the question of whether the City should establish a procedure wherein the City would give preference to local bidders (in lieu of low bidders), as well as review of the entire bidding process, the Council does hereby refer this item to the Department of Law for the preparation of an appropriate ordinance amendment using the recommended language, as revised by the Committee. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh, Ochala, Jurcisin, and McGee. NAYS: Toy. The Vice President declared the resolution adopted. On a motion by Ochala, seconded by Toy, and unanimously adopted, it was: #228-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 8, 1993, and submitted pursuant to Council Resolution 135-93 in connection with a communication from the City Planning Commission, dated February 4, 1993, which transmits its resolution 1-17-93, adopted on January 26, 1993, with regard to 27543 Petition 92-12-2-55, submitted by T Rogvoy Associates, Inc. , requesting waiver use approval for a Class C liquor license for a full service restaurant proposed to be located on the northeast corner of Seven Mile and Haggerty Roads in the Southwest 1/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission, and Petition 92-12-2-55 is hereby approved and granted; FURTHER, the Council does hereby waive the 1,000 foot separation requirement as set forth in Section 11.03(h) of Zoning Ordinance 543. Toy gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 18.50B OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 92-8-6-4) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting. Jurcisin gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4 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 92-10-1-22) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting. Ochala gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 92-11-3-4) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting. 27544 On a motion by Kavanagh, seconded by Jurcisin, and unanimously adopted, it was: #229-93 RESOLVED, that having considered a letter from the 1993 Walk for Children Chairperson of the Livonia Jaycees, dated March 8, 1993, with regard to the 22nd Annual Walk for Children to be conducted on Saturday, May 22, 1993, from approximately 7 30 a.m. to 5:00 p.m. , on the route shown on the attachment, the Council does hereby authorize and approve the said Walk for Children, including the use of the Eddie Edgar Ice Arena, the use of the Showmobile and public safety assistance; FURTHER, the Council does hereby refer to the Finance and Insurance Committee the request for a waiver of fees with respect to the Parks and Recreation Showmobile, the use of the Eddie Edgar Ice Arena and with regard to providing public safety assistance by the use of Police Reserves. On a motion by Toy, seconded by Jurcisin, it was #230-93 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 24, 1993, approved by the Finance Director, and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Siteworks Construction Company, 552 Rambow, P.O. Box 1437, Monroe, Michigan 48161, for completing all work required in connection with the City's 1993 Street Tree Planting Program, for the estimated total cost of $24,990, based upon the Department of Public Works' 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; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary, so long as the total cost of such adjustments do not exceed 10% of the bid price accepted herein; 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, Toy, Jurcisin, and McGee. NAYS: Kavanagh. The Vice President declared the resolution adopted. 27545 On a motion by Jurcisin, seconded by Kavanagh, and unanimously lir adopted, it was: #231-93 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated February 10, 1993, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase from Campus Ford, Inc. , 1830 W. Grand River, Okemos, Michigan 48864, of two 1993 Patrol four-door sedans, per Michigan Spec 1/3905-0010 (Ford Crown Victorias), for a total price of $27,217, the same to be appropriated and expended from Account No. 401-000-985-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price, as well as for the additional reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 3 04. 140D5 of the Livonia Code of Ordinances, as amended. On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, it was: #232-93 RESOLVED, that the Council does hereby request that the Chief of Police submit a report and recommendation with regard to a proposal to establish a plan and timetable for retiring take-home Police vehicles, such report to be submitted within 30 days of March 24, 1993. On a motion by Kavanagh, seconded by Ochala, it was: RESOLVED, that the Council does hereby take this means to declare as a matter of policy that any time vehicles are to be purchased for use by the Police Department, a like number of vehicles should be retired at the same time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh and Ochala. NAYS: Toy, Jurcisin, and McGee. The Vice President declared the resolution denied. On a motion by Kavanagh, seconded by Jurcisin, it was: #233-93 RESOLVED, that having considered the report and recommendation of the Mayor, dated March 4, 1993, to which is attached a report from the Chief of Police, dated February 8, 1993, approved for submission by the City Attorney, Finance Director and the Mayor, and a report from the Director of Finance, dated March 4, 1993, approved by the Mayor, with regard 27546 to transporting and lodging of prisoners, the Council does hereby request that the Finance Director do all things necessary to take competitive bids for transportation and lodging of prisoners in accordance with the specifications and requirements attached to the report and recommendation from the Chief of Police, dated February 8, 1993, as well as in accordance with provisions of law and City ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh, Ochala, Toy, and Jurcisin. NAYS: McGee. The Vice President declared the resolution adopted. A communication from the Office of the Mayor, dated March 22, 1993, re: agreements with Isabella County regarding housing of prisoners was received and placed on file for the information of the Council. (CR 961-92 and CR 962-92) On a motion by Kavanagh, seconded by Toy, and unanimously adopted, it was: #234-93 RESOLVED, that having considered a communication from the Director of Finance, dated March 2, 1993, approved by the Mayor, which submits information with regard to City bond issues for the years 1992 and 1993, the Council does hereby refer this subject to the Finance and Insurance Committee for its report and recommendation. On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was: #235-93 RESOLVED, that the Council does hereby request that the Finance Director submit all pertinent information with regard to City bond issues for the years 1990 and 1991. On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was: #236-93 RESOLVED, that having considered a communication from the City Planning Commission, dated January 18, 1993, which sets forth its resolution 1-11-93 adopted on January 12, 1993, with regard to Petition 92-11-2-49 submitted by Total Petroleum, Inc. requesting waiver use approval to construct and operate a 27547 gasoline/convenience station on the southeast corner of Wayne Road and Ann Arbor Trail in the Southwest 1/4 of Section 33, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on March 15, 1993, pursuant to Council Resolution 40-93, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was: #237-93 RESOLVED, that having considered a communication dated March 8, 1993, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as: Grant of Easement dated February 23, 1993, executed by Angelo Constantine, President, ACO Development Inc. , a Michigan corporation, to the City of Livonia, for: The North 6 feet of the following parcel of land: Lot 23, Cane Woods Subdivision as recorded in Liber 105, Page 48 and 49, Wayne County Records, said subdivision being a part of the S W. 1/4 of Section 4, T. 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan. (Sidwell #015-04-0023-000) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant 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 Toy, seconded by Jurcisin, and unanimously adopted, it was: #238-93 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated March 9, 1993, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation of $250 from the Livonia Rotary Charitable Foundation 12-91 to the Livonia Youth Assistance Program, the said sum to be deposited in and credited to Account No. 702-000-285-215 for activities of the Livonia Youth Assistance Program. On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was: 27548 #239-93 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated March 10, 1993, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept cash donations totalling $1,405 from the sources listed in the aforesaid communication, the same to be deposited in and credited to Account No. 702-000-285-216 for use in the Senior Citizen Programs. No one wished to speak during the audience communication portion at the end of the meeting. On a motion by Toy, seconded by Ochala, and unanimously adopted, this 1,245th Regular Meeting of the Council of the City of Livonia was adjourned at 9:24 p.m. , March 24, 1993. " Mie067.1 McCotter, City Clerk im. Ifts