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HomeMy WebLinkAboutCOUNCIL MINUTES 1993-05-19 27629 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FORTY-NINTH Ibr REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 19, 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 8:05 p.m. Councilmember McGee delivered the invocation. Roll was called with the following result: Michael P. McGee, Sean P. Kavanagh, Ron Ochala, Laura M. Toy, Dale A. Jurcisin, Fernon P. Feenstra, and Gerald Taylor. Absent: None Elected and appointed officials present: Robert D. Bennett, Mayor; Gary D. Clark, Assistant City Engineer; John Nagy, City Planner; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs; John Fegan, Director of Inspection; Gerald LSabo, Assistant Chief Accountant; Suzanne Wisler, Director of Community Resources; and Robert J. Beckley, Director of Public Works. On a motion by Feenstra, seconded by Ochala, and unanimously* adopted, it was: #372-93 RESOLVED, that the minutes of the 1,248th Regular Meeting of the Council of the City of Livonia, held May 5, 1993, are hereby approved as submitted. *Councilmember Toy abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.04.190B of the Livonia Code of Ordinances. During the audience communication portion at the beginning of the meeting, Gerhard Heinrichs, 18222 Pershing, made some suggestions relative to helping the City save money At the direction of the Chair, Items 7 and 14 were removed from the Consent portion of the Agenda. 27630 On a motion by McGee, seconded by Ochala, it was: L #373-93 RESOLVED, that having considered an application from Bonnie Bucalo, 15068 Arden, Livonia, Michigan 48154, dated April 24, 1993, requesting permission to close Arden Street, between Jamison and Elsie, on Saturday, July 17, 1993 from 1:00 p.m. to 9:00 p.m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, July 24, 1993 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #374-93 RESOLVED, that having considered an application from Richard M. Uroda, 34306 Parkdale Court, Livonia, Michigan 48150, dated May 5, 1993, requesting permission to close Parkdale Court, east of Stark and south of Plymouth, on Saturday, May 22, 1993 from 5:00 p m. to 9:00 p m for the purpose of having a musical presentation provided by "Counterclockwise," the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, May 23, 1993 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #375-93 RESOLVED, that having considered a letter from Marge and Frank Bandy, 28529 Elmira Street, Livonia, Michigan, dated April 30, 1993, wherein it is proposed that a basketball ordinance be enacted to alleviate the problem of a resident enduring excessive noise and aggravation by reason of prolonged basketball playing in adjoining residential property, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. #376-93 RESOLVED, that having considered a letter from Marge and Frank Bandy, 28529 Elmira Street, Livonia, Michigan, dated April 30, 1993, wherein it is proposed that a basketball ordinance be enacted to alleviate the problem of a resident enduring excessive noise and aggravation by reason of prolonged basketball playing in adjoining residential property, the Council does hereby refer this item to the Inspection Department for its report and recommendation. #377-93 RESOLVED, that having considered a letter from the Fireworks Coordinator of Friendly Franks Wade Shows, dated April 26, 1993, wherein a request is submitted for a fireworks display permit, pursuant to 1968 PA 358, for a fireworks display to be held at Schoolcraft College on Sunday, June 6, 1993, at 10:00 p.m. , with a rain date of Sunday, June 13, 1993, the Council does hereby approve of the fireworks display in the manner and form herein requested, subject to liability insurance in the amount of $1,000,000 being provided for this event; FURTHER, the approval Lherein is conditioned upon completion of the fireworks display by no later than 10:45 p.m 27631 #378-93 RESOLVED, that having considered a communication from Lthe Mayor, dated May 4, 1993, the Council does hereby approve of and concur in the reappointment of William LaPine, 33855 Carl Drive, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which term will expire on June 9, 1996, provided that Mr. LaPine takes the oath of office as required in Section 2, Chapter X of the City Charter, to be administered by the City Clerk. #379-93 RESOLVED, that having considered a communication from the Mayor, dated May 4, 1993, the Council does hereby approve of and concur in the reappointment of James C. McCann, 18435 Mayfield, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which term will expire on June 9, 1996, provided that Mr. McCann takes the oath of office as required in Section 2, Chapter X of the City Charter to be administered by the City Clerk A communication from the Inspection Department, dated May 3, 1993, re: complaint of Jeremiah Riordan, 34934 Parkdale, that his garbage/ recyclables were not being picked up was received and placed on file for the information of the Council. (CR 291-93) #380-93 RESOLVED, that the Council does hereby request that the Mayor submit a report and recommendation with respect to the manner and appropriateness of Inspectors delivering recycling bins to newly constructed homes or as replacements for lost bins to existing homes. #381-93 RESOLVED, that having considered the report and recommendation of the Housing Director, dated April 30, 1993, approved for submission by the Finance Director and the Mayor, the Council does hereby accept the bid of Tarjeft Construction, Inc. , 5360 Lathrop, Trenton, Michigan 48183, for removing and replacing the kitchen cabinets, countertops and plumbing fixtures at the McNamara Towers #2 housing facility, for a total sum of $118,363, the same having been the lowest bid received and meets all specifications; FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $118,363 from Community Development Block Grant Account No. 231-800-818-625 for this purpose. #382-93 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, dated May 3, 1993, approved for submission by the Mayor, to which is attached an amendment to the Annual Contributions Contract of the Section 8 Existing Rental Voucher Program and to which is attached HUD letters indicating new contract and budget authority to fund the Voucher allocations for a new five-year period, the Council does hereby approve the said 27632 amendment and extension of the current Annual Contributions Contract and does authorize the President of the Housing Commission to execute the same in the manner and form herein submitted. #383-93 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 20, 1993, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 3014 4/93, the Council does hereby accept the bid of Jack Doheny Supplies, Inc. , P.O. Box 609, Northville, Michigan 48167, for the purchase of a certain City-owned 1983 Vactor, Model 1200, Jet Rodder in the amount of $50,000, the same having been in fact the highest offer to purchase received with respect to this item; FURTHER, the Council does hereby authorize the deposit and crediting of the said sum to the Sale of Fixed Assets Account No. 590-000-680-000 of the Sewer Fund; and the Mayor and City Clerk are hereby requested to do all things necessary or incidental to the full performance of this resolution #384-93 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated April 28, 1993, approved by the Mayor, and which submits competitive bids received with respect to the proposed sale of City-owned property located at the southeast corner of Henry Ruff and Five Mile Road (Lot 100, B.E. Taylor's Green Acres - Tax Item 46-089-01-0100- 000), the Council does hereby authorize the sale of the City-owned property to Giuliano Soave, 19235 Gill, Livonia, Michigan 48152, for a total purchase price of $30,001, 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 best serve the interests of the community; 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. #385-93 RESOLVED, that having considered audit reports submitted by Plante & Moran, 27400 Northwestern Highway, P.O. Box 307, Southfield, Michigan 48037-0307, independent auditor for the City of Livonia (Financial Report with Additional Information dated November 30, 1992), for District Court Funds of District No. 16 of the City of Livonia (Financial Report with Additional Information dated November 30, 1992), for the Economic Development Corporation of the City of Livonia (Financial Report dated November 30, 1992) and for the Federal Financial Assistance Programs of the City of Livonia (Supplemental Information dated November 30, 1992), the Council does hereby refer the same to the Finance and Insurance Committee for its report and Ift• recommendation. 27633 #386-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 27, 1993, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize a change order in the contract previously entered into pursuant to Council Resolution 173-93 between the City of Livonia and Cadillac Asphalt Paving Company, P.O. Box 817, Novi, Michigan 48376, with respect to the Clarita Avenue road improvement, Contract 93-K, so as to add the Pembroke Avenue road improvement project at the same unit prices bid under the Clarita Avenue project, for an estimated overall cost of $21,339.55; FURTHER, the Council does hereby authorize an appropriation in the amount of $21,339.55 for the Pembroke Avenue road improvement from the $12 Million General Obligation Road Improvement Bond Issue with the provision that (1) the bond issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are available from the future Special Assessment Bond Issue, and (2) the bond issue be reimbursed for the City's portion of the project at such time as funds may be available from the Michigan Transportation Fund (Local Road Account); and the Council does hereby authorize the said action without any further competitive bidding in accordance with Section 3.04. 140D5 of the Livonia Code of Ordinances, as amended; 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 such 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 #387-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 27, 1993, which bears the signature of the Finance Director, is approved as to form by the City Attorney and is approved for submission by the Mayor, and wherein it is recommended that the original agreement between the City of Livonia and Spalding, DeDecker & Associates, Inc. , 655 West Thirteen Mile Road, Madison Heights, MI 48071, authorized in Council Resolution 130-93, adopted on February 24, 1993, be revised so as to add the preliminary engineering services for the road improvement of Merriman Road and to delete the construction engineering services for the grade separation, and that the amount appropriated in Council Resolution 130-93 be reduced from $580,326.11 to $295,956.11, the Council does hereby concur in and approve of such action; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a revised amendatory agreement with Spalding, DeDecker & Associates, Inc. , as well as to do all other things necessary or incidental to the full performance of this resolution. 27634 #388-93 RESOLVED, that WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1987 the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs; and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, to obtain its Fiscal Year 1993 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1987, the City of Livonia must submit a statement of Community Development objectives and project use of funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate federal and state laws and Department of Housing and Urban Development regulations; and satisfactory assurances that, prior to submission of its Final Statement of Community Development Objectives and Projected Use of Funds, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities; the range of activities that may be undertaken, the estimated amount of those funds proposed to be used for activities that will benefit low and moderate income persons, and other important program requirements, (B) held a public hearing to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed Statement of Community Development Objectives and Projected Use of Funds. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia, that the Final Statement of Community Development Objectives and Projected Use of Funds for the Fiscal Year 1993 Community Development Block Grant Program is hereby approved and shall be submitted to the Department of Housing and Urban Development #389-93 RESOLVED, that having considered a communication from the City Planning Commission, dated April 16, 1993, which transmits its resolution 4-76-93, adopted on April 6, 1993, with regard to Petition 92-6-2-21, submitted by Ansara Six Big Boy, Inc. , requesting waiver use approval to increase the floor area and seating capacity of an existing restaurant located on the east side of Middlebelt Road between Seven Mile Road and Vassar Avenue, in the Southwest 1/4 of Section 1, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-6-2-21 is hereby approved and granted, subject to the following conditions: 1) That the Site Plan marked Sheet No. SP-1, dated 3/10/93, prepared by Technical Group, Inc. , Architects, which is hereby approved, shall be adhered to; 27635 2) That the Building Elevations marked Sheet No. A-3, dated 3/13/93, prepared by Technical Group, Inc. , Architects, which is hereby approved, shall be adhered to; 3) That the maximum number of customer seats shall not exceed 162; 4) That a Landscape Plan shall be submitted to the Planning Commission for its approval within thirty (30) days of the date of this resolution; 5) That the existing parking lot shall be resurfaced and restriped; and 6) That the light poles shall not exceed 20 feet in height. #390-93 WHEREAS, the City of Livonia has received an application from Oxbow Machine Products Inc. , 8610 Lanewood, Westland, Michigan 48185, dated May 6, 1993, for a transfer of the tax abatement previously granted to Roma's Commissary, Inc. (Exemption Certificate 1188-041) on January 13, 1988, in Council Resolution 41-88, for ten years for a facility located at 12777 Merriman Road which is located in City of Livonia Industrial Development District No 43; 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, PA 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 Monday, June 28, 1993, at 7:00 p.m. , at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. 3. The Council hereby sets Monday, June 28, 1993, at 7:00 p.m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on this application. #391-93 WHEREAS, the City of Livonia has received a request from Crucam, Inc. , 31965 Schoolcraft, Livonia, Michigan 48150, dated May 7, 1993, which submits an application proposing the establishment of an industrial development district; and 27636 WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia; and WHEREAS, there is located within the boundaries of the City of Livonia an area as follows: The City of Livonia, County of Wayne, Michigan. Parts of Lots 9, 10, 11 and 12 Schoolcraft Manor Subdivision, as recorded in Liber 69, Page 45 of Plats, Wayne County Records: Beginning Southwest corner of Lot 9; thence North 0 degrees 19 minutes 0 seconds East 357.57 feet to the Point of Beginning; thence North 0 degrees 19 minutes 0 seconds East 585.03 feet; thence South 76 degrees 30 minutes 07 seconds East 102.70 feet; thence South 76 degrees 38 minutes 02 seconds East 102.65 feet; thence South 79 degrees 28 minutes 12 seconds East 182.80 feet; thence South 0 degrees 19 minutes 0 seconds West 506.02 feet; thence North 89 degrees 41 minutes 0 seconds West 379.90 feet to the Point of Beginning. A/K/A 38099 Schoolcraft, Livonia, Michigan and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No. 55"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows: 1. The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 55. 2 This City Council sets Monday, June 28, 1993, at 7:00 p.m. as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above. 3. This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above. A roll call vote was taken on the foregoing resolutions with the following result: AYES: McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and im. Taylor. NAYS: None 27637 On a motion by Feenstra, seconded by McGee, and unanimously iiradopted, it was: #392-93 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated April 22, 1993, approved by the Director of Finance and approved for submission by the Mayor, and having also considered the report and recommendation of the Director of Public Works, dated May 18, 1993, approved by the Director of Finance and approved for submission by the Mayor, with regard to a proposal submitted by Michigan Composting, Inc. , 7667 Chubb Road, Northville, Michigan 48167, the Council does hereby refer this item to the Water Supply, Drainage, Sewage and Waste Disposal Study Committee for its report and recommendation; FURTHER, the Council does hereby authorize Waste Management, Inc./Woodland Meadows Landfill to provide yard waste composting services at the rate of $4.60 per cubic yard through the balance of 1993, or until such time as other arrangements can be made; 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; 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 firm and to do all things necessary or incidental to the full performance of this resolution. Onw:sm:otion by Feenstra, seconded by Ochala, and unanimously adopted, it #393-93 RESOLVED, that having considered a communication from the Director of Finance, dated March 30, 1993, approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia and Karoub Associates, 200 Capitol Building, Suite 500, Lansing, Michigan 48933, to act as the City's legislative consultant for the period January 1, 1993 through December 31, 1993, for an annual fee of $20,000, including all expenses, the Council does hereby approve the agreement in the manner and form herein submitted; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said agreement, subject to approval as to form by the Department of Law. On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #394-93 RESOLVED, that the Council does hereby refer to the Finance and Insurance Committee for its report and recommendation the subject of the employment of a professional lobbyist by the City of Livonia. 27638 On a motion by Feenstra, seconded by McGee, it was: #395-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 26, 1993, and submitted pursuant to Council Resolution 1095-90, in connection with a communication from the City Planning Commission, dated October 1, 1990, which sets forth its resolution 9-448-90, adopted on September 18, 1990, with regard to Petition 90-7-1-16, submitted by Philip Barth for a change of zoning on property located on the east side of Farmington Road, north of Curtis Avenue, in the Northwest 1/4 of Section 10, from R-1 to OS, and the Council having conducted a public hearing with regard to this matter on November 19, 1990, pursuant to Council Resolution 926-90, the Council does hereby concur in the recommendation of the Planning Commission and Petition 90-7-1-16 is hereby approved and granted; 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 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Kavanagh, Ochala, Jurcisin, Feenstra, and Taylor. NAYS: Toy. The President declared the resolution adopted. On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was: #396-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 3, 1993, and submitted pursuant to Council Resolution 140-93, in connection with a communication from the City Planning Commission, dated December 7, 1992, which sets forth its resolution 11-517-92, adopted on November 17, 1992, with regard to Petition 92-9-6-5, submitted by the City Planning Commission, pursuant to Council Resolution 611-92, to determine whether to amend Article XXI of Zoning Ordinance 543 so as to authorize the appointment of two alternate members to the Zoning Board of Appeals in connection with MCL 125.585, and the Council having conducted a public hearing with regard to this matter on February 3, 1993, pursuant to Council Resolution 951-92, the Council does hereby L adopt a policy wherein members of the Zoning Board of Appeals who are absent from a meeting shall not be paid for such meeting or for any car allowance in connection therewith. 27639 On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was: #397-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 3, 1993, and submitted pursuant to Council Resolution 140-93, in connection with a communication from the City Planning Commission, dated December 7, 1992, which sets forth its resolution 11-517-92, adopted on November 17, 1992, with regard to Petition 92-9-6-5, submitted by the City Planning Commission, pursuant to Council Resolution 611-92, to determine whether to amend Article XXI of Zoning Ordinance 543 so as to authorize the appointment of two alternate members to the Zoning Board of Appeals in connection with MCL 125.585, and the Council having conducted a public hearing with regard to this matter on February 3, 1993, pursuant to Council Resolution 951-92, the Council does hereby request that the Department of Law submit a report and recommendation with regard to the following: (1) Whether the City should have a six-member Zoning Board of Appeals and one alternate member based upon a review of the Zoning Ordinance; and (2) Review of the proposed increased fees Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 15, CHAPTER 44 (FENCES) 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. Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING PARAGRAPH B OF SECTION 020 OF TITLE 15, CHAPTER 56 (PERMITS AND INSPECTION FEES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. Councilmember Feenstra indicated that the fee was to be reduced from $30 to $15. 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. 27640 On a motion by Jurcisin, seconded by Toy, and unanimously tom adopted, it was: #398-93 RESOLVED, that having considered a letter from the President of the Stevenson Booster Club, dated May 4, 1993, wherein a request is submitted to waive fees in connection with providing auxiliary police officers to control traffic during the hours of 1:00 - 6:00 p.m. on Saturday, June 5, 1993 and 12:00 - 5:00 p.m. on Sunday, June 6, 1993, in connection with a basketball tournament being hosted at Stevenson High School on those dates, the Council does hereby determine that this request shall receive a Category III application as indicated on the City of Livonia Fees/Waivers Four Category Grid dated February 8, 1993, as established in Council Resolution 371-93, adopted on May 5, 1993. On a motion by Ochala, seconded by Jurcisin, it was: #399-93 RESOLVED, that having considered a communication from the City Assessor, dated April 16, 1993, approved for submission by the Mayor, with regard to a request from Mr. Joseph Yaros, 19831 Merriman Court, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No. 46 007 99 0004 000 into two parcels, the legal descriptions of which shall read as follows: Parcel A Part of the Southwest 1/4 of Section 2, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point on the East line of Merriman Road, 120.00 feet wide, distant North 00°19'40" East 2464.00 feet and due East 60.00 feet from the Southwest corner of Section 2, Town 1 South, Range 9 East, and proceeding thence along the East line of Merriman Road, 120.00 feet wide, North 00°19'40" East 88.00 feet; thence due East 161.25 feet; thence South 00°19'40" West 88 00 feet; thence due West 161.25 feet to the point of beginning Containing 0.325 acres. Subject to a 6 00 foot easement for sanitary sewer lead. Subject to all easements and restrictions of record. Parcel B Part of the Southwest 1/4 of Section 2, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point distant North 00°19'40" East 2464.00 feet and due East 221.25 feet from the Southwest corner of Section 2, Town 1 South, Range 9 East, and proceeding thence North 00°19'40" East 88.00 feet; thence due East 191.25 feet; thence along the West line of Merriman Court, 60.00 Lim feet wide, South 00°19'40" West 88.00 feet; thence due West 191.25 feet to the point of beginning. Containing 0.386 acres. Subject to a 6.00 foot easement for sanitary sewer lead. Subject to all easements and restrictions of record. 27641 as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby 101 requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals. A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Kavanagh, Ochala, Jurcisin, Feenstra, and Taylor NAYS: Toy The President declared the resolution adopted. On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was: #400-93 RESOLVED, that having considered a communication from the Cable Television Commission, dated May 4, 1993, approved by the Director of Community Resources and approved for submission by the Mayor, and which transmits its resolution 205-93 wherein it is recommended that an access channel be allocated to MetroVision for their use in order to comply with FCC regulations regarding must-carry, with the stipulation that the channel be returned within 90 days if the Commission sees a need for such access purposes, the Council does hereby concur in and approve of this request for a period of six months, including therein the stipulation of return of said channel within 90 days upon request of the Commission. On a motion by Ochala, seconded by McGee, it was: RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 20, 1993, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 3000 3/93 with regard to a proposed sanitary sewer and water main extension on Laurel Avenue, south of Seven Mile to Curtis, the Council does hereby refer this item to the Water Supply, Drainage, Sewage and Waste Disposal Study Committee for its report and recommendation. On a motion by Feenstra, seconded by Jurcisin, it was: RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following: RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 20, 1993, approved by the Director of Finance and approved for submission by the Mayor, and 27642 which transmits its resolution WS 3000 3/93 with regard to a proposed sanitary sewer and water main extension on Laurel Avenue, south of Seven Mile to Curtis, the Council does hereby determine as follows: 1) To approve extension of the sanitary sewer on Laurel, south of Seven Mile, based upon ordinance established sewer connection rates; 2) To approve the 12" water main extension on Curtis Avenue to the 8" main on Laurel Avenue to eliminate the dead end water main on Laurel; 3) To authorize the City Engineer to prepare detailed plans and specifications for the water and sewer extensions on Laurel Avenue, south of Seven Mile to Curtis; 4) To authorize the City Engineer to obtain all necessary permits and easements associated with the project; and 5) To authorize the City Engineer to advertise and obtain bids for the work required in association with this project. A roll call vote was taken on the motion to substitute as follows: AYES: Jurcisin and Feenstra. NAYS: McGee, Kavanagh, Ochala, Toy, and Taylor. The President declared the resolution to substitute denied. A roll call vote was taken on the original resolution, as follows, with the following result: #401-93 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 20, 1993, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 3000 3/93 with regard to a proposed sanitary sewer and water main extension on Laurel Avenue, south of Seven Mile to Curtis, the Council does hereby refer this item to the Water Supply, Drainage, Sewage and Waste Disposal Study Committee for its report and recommendation. AYES: McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and Taylor. NAYS: None. The President declared the resolution adopted. Iwo iOtnw:sm:otion by Feenstra, seconded by Kavanagh, and unanimously adopted, 27643 #402-93 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 20, 1993, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 3000 3/93 with regard to a proposed sanitary sewer and water main extension on Laurel Avenue, south of Seven Mile to Curtis, the Council does hereby determine as follows: 1) To approve the 12" water main extension on Curtis Avenue to the 8" main on Laurel Avenue to eliminate the dead end water main on Laurel; 2) To authorize the City Engineer to prepare detailed plans and specifications for the water and sewer extensions on Laurel Avenue, south of Seven Mile to Curtis; 3) To authorize the City Engineer to obtain all necessary permits and easements associated with the project; and 4) To authorize the City Engineer to advertise and obtain bids for the work required in association with this project. On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was: ifor #403-93 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 20, 1993, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 3000 3/93 with regard to a proposed sanitary sewer and water main extension on Laurel Avenue, south of Seven Mile to Curtis, the Council does hereby refer the matter of establishing policy with respect to water connection fees and sewer rates to the Water Supply, Drainage, Sewage and Waste Disposal Study Committee and to the Water and Sewer Board for their respective recommendations. On a motion by Toy, seconded by Jurcisin, and unanimously adopted, it was: #404-93 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated April 21, 1993, approved for submission by the Mayor, to which is attached fiscal year 1993 interim budget adjustments for the first quarter of the current City budget ending November 30, 1993, the Council does hereby authorize the said budget adjustments in the manner and form set forth in the attachment. On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was: 27644 #405-93 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated April 21, 1993, approved for submission by the Mayor, to which is attached fiscal year 1993 interim budget adjustments for the first quarter of the current City budget ending November 30, 1993, the Council does hereby refer the subject of this request to the Finance and Insurance Committee for its report and recommendation. On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was: #406-93 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated April 21, 1993, approved for submission by the Mayor, the Council does hereby reject the bid received with respect to the proposed sale of certain City-owned property located at the northwest corner of Ann Arbor Trail and Newburgh Road, the action herein being taken for the reasons indicated in the aforesaid communication. On a motion by McGee, seconded by Toy, it was: #407-93 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated April 21, 1993, approved for submission by the Mayor, with regard to the proposed sale of certain City-owned property located at the northwest corner of Ann Arbor Trail and Newburgh Road, which bid was rejected in Council Resolution 406-93, adopted on May 19, 1993, the Council does hereby authorize the purchase of a new appraisal with respect to this parcel for a sum not to exceed $1,000, the same to be appropriated and expended from the Unexpended Fund Balance; upon receipt of this appraisal, the Department of Finance is thereafter authorized to obtain new competitive bids with respect to the proposed sale of this property in accordance with Council Resolution 300-88 A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Kavanagh, Ochala, Toy, Jurcisin, and Taylor. NAYS: Feenstra. The President declared the resolution adopted. On a motion by Ochala, seconded by Feenstra, and unanimously adopted, it was: #408-93 RESOLVED, that having considered the report and recommendation of the City Engineer and the Chairman of the Water and Sewer Board, dated April 26, 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 Mago 27645 Construction Corp. , 44640 Mound Road, Sterling Heights, Michigan 48314, for installation of miscellaneous storm and sanitary sewer extensions throughout the City for the estimated total cost of $156,752.09, 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 available bid received for this item; and the Council does hereby authorize the withdrawal of the low bid of Compeau Brothers Inc. Excavating for the reasons noted in their letter to the City, dated April 19, 1993; and the Council does hereby appropriate the sum of $139,843.32 from the Surplus County Drain Funds returned to the City from various Livonia drain projects, as well as appropriate the sum of $16,908.77 from the Unexpended Fund Balance of the Sewer Fund for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was: #409-93 RESOLVED, that having considered the report and recommendation of the City Engineer and the Chairman of the Water and Sewer Board, dated April 26, 1993, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to bids received for the installation of miscellaneous storm sewers throughout the City, the Council does hereby authorize the return of the $7,000 bid bond submitted by Compeau Brothers Inc. Excavating, the action herein being taken for the reasons indicated in their letter to the City, dated April 19, 1993 On a motion by McGee, seconded by Kavanagh, and unanimously adopted, it was: #410-93 RESOLVED, that having considered the report and recommendation of the City Engineer and the Chairman of the Water and Sewer Board, dated April 1, 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 D.O.C. Contracting Inc. , 50250 Pontiac Trail, Wixom, Michigan 48393, for the installation of 5,100 lineal feet of new 8" ductile iron water main and 5,300 lineal feet of 10" sanitary sewer in Livonia Hills Estates Subdivision, located in the Northwest 1/4 of Section 6, for the estimated total cost of $535,090, 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 27646 in fact the lowest bid received for this item; FURTHER, the 160 Council does hereby appropriate and authorize the sum of $535,090 from the Unexpended Fund Balance of the Water Fund for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. On a motion by Jurcisin, seconded by Kavanagh, it was: #411-93 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 No 7; and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i.e , the City of Livonia, and advised each of them that the said Application has been received; and WHEREAS, the City Council has afforded Contractors Steel Company, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 8 00 p m , Wednesday, April 28, 1993, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS: 1. That the City Council, on the basis of the information received from the applicant, Contractors Steel Company, finds and determines: (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No. 198, P.A. 1974 (or Act 255 of P.A. 1978), as amended 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Contractors Steel Company, covering new industrial facilities to be located within the City of Livonia Industrial Development District No 7, for 12 years 27647 A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Kavanagh, Jurcisin, Feenstra, and Taylor. NAYS: Ochala and Toy. The President declared the resolution adopted. On a motion by Feenstra, seconded by McGee, it was: #412-93 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 No. 48; and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i.e , the City of Livonia, and advised each of them that the said Application has been received; and WHEREAS, the City Council has afforded Hy-Tek Systems, Inc. , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 8:00 p.m. , Wednesday, April 28, 1993, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS: 1. That the City Council, on the basis of the information received from the applicant, Hy-Tek Systems, Inc. , finds and determines: (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No. 198, P.A. 1974 (or Act 255 of P.A. 1978), as amended. 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Hy-Tek Systems, Inc. , covering new industrial facilities to be located within the City of Livonia Industrial Development imrDistrict No. 48, for 12 years. 27648 A roll call vote was taken on the foregoing resolution with the following tom result: AYES: McGee, Kavanagh, Jurcisin, Feenstra, and Taylor. NAYS: Ochala and Toy. The President declared the resolution adopted. On a motion by Ochala, seconded by Feenstra, it was: #413-93 RESOLVED, that having considered a communication from the City Planning Commission, dated March 17, 1993, which sets forth its resolution 3-62-93, adopted on March 9, 1993, with regard to Petition 93-1-2-1 submitted by Arsen K. Sanjian, requesting waiver use approval to remodel and expand an existing building for the purpose of operating an automotive service center on property located on the south side of Plymouth Road between Yale Avenue and Levan Road in the Northeast 1/4 of Section 32, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on May 3, 1993, pursuant to Council Resolution 260-93, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 93-1-2-1 is hereby approved and granted, subject to the following conditions: 1. There shall be no exterior PA system; 2. Hours of use are limited to 7:30 a m. to 7:00 p m. , Monday through Friday; 7 30 a.m to 2:00 p.m. , Saturday; and no Sunday or holiday hours; 3. Painting will be done on the interior of the building only, and limited to the painting of cars and vans; 4. Repair work shall be limited to cars and medium duty trucks only; 5. Noise levels must adhere to existing ordinance; 6. Storage of vehicles on property limited to no longer than 30 days; 7. Exterior lighting of the premises to be shielded per City ordinance (re: shedding of light on residential areas) with regard to residential area south of the property; 8. Appropriate screening to be provided by evergreen planting along the southern boundary of the property; minimum height of all evergreen trees to be planted shall be no less than 6 lbw feet high; 27649 9. Outside parking plan to be submitted by the petitioner specifying location of outside parking; said plan to be adhered to; 10. Additional landscape planting material and berm shall be provided in the front yard; such planting and berm shall be approved by the Livonia Planning Department; 11. Parking as provided along the east wall of the building shall be screened by a wall of matching building materials; such wall shall have a minimum height of 4 feet and a length of no less than 20 feet; 12. A masonry dumpster enclosure shall be provided of matching building material with gates and shall be located adjacent to the building; and 13. There shall be a limitation of no more than six (6) vans or trucks allowed to be parked outside the building overnight on the property A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Kavanagh, Ochala, Jurcisin, Feenstra, and Taylor. ibmNAYS: Toy. The President declared the resolution adopted. On a motion by Toy, it was: RESOLVED, that the foregoing resolution be referred to the Committee of the Whole for its report and recommendation. The President declared the resolution denied for lack of support. On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #414-93 RESOLVED, that having considered a communication from the City Planning Commission, dated March 18, 1993, which sets forth its resolution 3-57-93, adopted on March 9, 1993, with regard to Petition 93-1-2-4, submitted by S & H Food Production, Inc. , requesting waiver use approval to operate a full-service restaurant in an existing building located in the Northwest 1/4 of Section 35, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on May 3, 1993, pursuant to Council Resolution 261-93, the Council L does hereby concur in the recommendation of the City Planning Commission and said Petition 93-1-2-4 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission. 27650 On a motion by Feenstra, seconded by McGee, and unanimously Imo adopted, it was: #415-93 RESOLVED, that the Council does hereby request that the Roads Beautification Committee follow the progress of the building or lack thereof, considering its zero setback, on certain property located on the south side of Plymouth Road between Hubbell and Milburn Avenues in the Northwest 1/4 of Section 35. On a motion by Jurcisin, it was: RESOLVED, that having considered a communication from the City Planning Commission, dated March 2, 1993, which transmits its resolution 2-53-93, adopted on February 23, 1993, with regard to a Sign Permit application submitted by Metro- Detroit Signs, in behalf of Bakers Square Restaurant & Pies, requesting approval for two wall signs on property located on the north side of Seven Mile Road between Middlebelt and Purlingbrook in Section 2, the Council does hereby concur in the recommenda- tion of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions: 1) That sheets 2 and 3 of the Sign Plan dated 1/8/93, submitted by Federal Sign, for the Bakers Square Restaurant at 29622 Seven Mile Road, are hereby approved and shall be adhered to; 2) That this approval is subject to the applicant being granted a variance by the Zoning Board of Appeals; and 3) That there will be no free-standing pylon or ground sign at this location. The President declared the resolution denied for lack of support. On a motion by Ochala, seconded by Feenstra, it was: #416-93 RESOLVED, that having considered a communication from the City Planning Commission, dated March 2, 1993, which transmits its resolution 2-53-93, adopted on February 23, 1993, with regard to a Sign Permit Application submitted by Metro- Detroit Signs, in behalf of Bakers Square Restaurant & Pies, requesting approval for two wall signs on property located on the north side of Seven Mile Road between Middlebelt and Purlingbrook in Section 2, the Council does hereby concur in part and reject in part the recommendation of the Planning Commission, and approve the said Sign Permit Application with respect only to the proposed wall sign to be located on the east side of the restaurant and deny approval with respect to the wall sign proposed to be located on the west side of the restaurant, subject to the following conditions: 27651 1) That sheet 2 of the Sign Plan dated 1/8/93, submitted by Federal Sign, for the Bakers Square Restaurant at 29622 Seven Mile Road, is hereby approved and shall be adhered to; 2) That this approval is subject to the applicant being granted a variance by the Zoning Board of Appeals; and 3) That there will be no free-standing pylon or ground sign at this location. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh, Ochala, Toy, and Feenstra. NAYS: McGee, Jurcisin, and Taylor. The President declared the resolution adopted. On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #417-93 RESOLVED, that having considered a letter from the City Clerk, dated May 10, 1993, to which is attached a letter of resignation from J. Carroll Kay, Republican member of the Board of Canvassers, dated April 21, 1993, and in accordance with the provisions of Section 30a of 1963 PA 65 (MCLA 168.30a), as amended, the Council does hereby appoint Ms. Margaret Gray, 9840 Berwick, Livonia, Michigan 48154, to replace Mr. Kay as the Republican member of the Board of Canvassers of the City of Livonia for a term expiring December 31, 1995. A communication from Tom Bjorklund, the Vice President and Regional Manager of MetroVision, dated May 2, 1993, re: a survey of MetroVision subscribers in three Detroit area systems was received and placed on file for the information of the Council. On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was: #418-93 RESOLVED, that having considered a communication dated May 6, 1993, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as: Grant of Easement dated November 24, 1992, executed by iwo Marcello Scappaticci, General Partner, Livonia Arbor Center, a Michigan partnership, to the City of Livonia, for: 27652 The north 20 feet of the south 35 feet of the west 185 feet; also the east 20 feet of the west 185 feet of the south 15 feet of the following parcel of land: Part of the S.W. 1/4 of Section 31, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning South 02°16'20" East, 53 feet and North 87°00' East, 733.12 feet from the West 1/4 corner of Section 31; thence North 87°00' East, 558.85 feet; thence South 02°15'50" East 606 feet; thence South 87°00' West, 562.36 feet; thence North 02°13'54" West, 606 feet to the point of beginning except the West 290.53 feet thereof. (Parcel No. 123-99-0001-000) 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 Feenstra, seconded by McGee, and unanimously adopted, it was: #419-93 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 On a motion by Ochala, seconded by Feenstra, and unanimously adopted, it was: #420-93 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated May 12, 1993, and submitted pursuant to Council Resolution 666-91 in connection with the report and recommendation of the Finance Director, dated July 15, 1991, approved for submission by the Mayor, with regard to the financing required in connection with the construction of an underground sprinkler system at the Idyl Wyld Golf Course, pursuant to Council Resolution 414-91, and wherein authority is requested to negotiate the best available rate for the borrowing of the total contract price for the underground sprinkler system at Idyl Wyld Golf Course with any and all lending and investment firms, the Council does hereby determine to take no further action. Ochala gave first reading to the following Ordinance: AN ORDINANCE ADDING PARAGRAPH 20A TO SECTION 170 OF CHAPTER 03 (GENERAL LICENSING PROCEDURE) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS libmw AMENDED. 27653 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 Ochala, seconded by Feenstra, and unanimously adopted, it was: #421-93 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated May 12, 1993, and submitted pursuant to Council Resolution 614-92 in connection with a communication from the City Planning Commission, dated May 20, 1992, which sets forth its resolution 5-369-92, adopted on May 5, 1992, with regard to Petition 92-3-6-1, initiated by the City Planning Commission on its own motion to determine whether to amend the Zoning Ordinance so as to establish filing fees for site plan approval and to increase filing fees for waiver use approval, and the Council having conducted a public hearing with regard to this matter on July 20, 1992, pursuant to Council Resolution 455-92, the Council does hereby concur in the recommendation of the Planning Commission and Petition 92-3-6-1 is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. Feenstra took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING PARAGRAPH C OF SECTION 140 OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and Taylor. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Ochala, seconded by Feenstra, it was: Iwo 27654 #422-93 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated May 12, 1993, and submitted pursuant to Council Resolution 883-92 with regard to the subject of seeking competitive proposals for performing the annual independent audit of the various accounts of the City of Livonia, the Council does hereby request that the Finance Director do all things necessary to obtain competitive proposals from major qualified certified public accounting firms, including the "Big Six," for performing next year's independent financial audits of the various funds of the City of Livonia, including the 16th District Court. A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Kavanagh, Ochala, Toy, Jurcisin, and Feenstra. NAYS: Taylor. The President declared the resolution adopted. On a motion by Ochala, seconded by Feenstra, and unanimously adopted, it was #423-93 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated May 12, 1993, the Council does hereby request that the Finance Director submit a report on the status, including renewal dates, of the City's various insurance coverages of all kinds. On a motion by Ochala, seconded by Toy, and unanimously adopted, it was: #424-93 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated May 12, 1993, the Council does hereby request that the Director of Finance submit a report which provides a complete listing of all professional services which are or may be provided to the City of Livonia on a contractual basis. On a motion by Ochala, seconded by Feenstra, it was: #425-93 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated May 12, 1993, the Council does hereby request that the Director of Finance and the City Attorney prepare for submission to Council specifications for the taking of competitive proposals with respect to the employment of bond counsel, labor attorney and financial advisor on bond issues 27655 A roll call vote was taken on the foregoing resolution with the following immresult: AYES: McGee, Kavanagh, Ochala, Toy, Jurcisin, and Feenstra. NAYS: Taylor. The President declared the resolution adopted. On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #426-93 WHEREAS, the taxpayers of this community, together with all citizens of the State of Michigan, will have the opportunity at the June 2 special election to solve two of Michigan's toughest problems: high property taxes and a school finance system that is not working; and WHEREAS, Proposal A will make school funding more fair by guaranteeing in the Constitution that every school district will receive a base amount of $4,800 per child for annual education support, as well as, guaranteeing that every school district will receive at least a 3% increase in per pupil spending next year; and WHEREAS, school districts that wish to levy more than 18 mills can ask the voters for increases, but the millage can never be set higher than 27 mills; and WHEREAS, Proposal A will assure that there will be no more Robin Hood plans and other gimmicks and will further take politics out of education funding decisions by requiring that every penny of lottery proceeds goes right into the school aid fund; and WHEREAS, Proposal A caps increases in the assessed value of property at 5% or inflation, whichever is less; and WHEREAS, Proposal A replaces property taxes with a sales tax that will be shared by the tourist industry; and WHEREAS, Proposal A delivers real, permanent tax relief that other proposals have only alluded to; and WHEREAS, Proposal A is good for our entire state by making home ownership more affordable, by improving the opportunity for job creation, and by creating a better economic climate in our state; and WHEREAS, while Proposal A is not perfect and does not do im. everything, it does constitute a solid compromise and a step in the right direction for Michigan; 27656 NOW, THEREFORE, BE IT RESOLVED that the Council of the City of LLivonia joins with Mayor Robert D. Bennett in taking this means to express its support of Proposal A and to urge that the citizens of this community seriously consider giving favorable consideration to Proposal A at the special election to be conducted on June 2, 1993. On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was: #427-93 RESOLVED, that the Council does hereby discharge from the Committee of the Whole the matter of the payment of the investment management fee, which was previously referred to the Committee of the Whole in Council Resolution 203-93. On a motion by Ochala, seconded by Toy, and unanimously adopted, it was: #428-93 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 authorize payment in an amount not to exceed $17,359 to RNC Capital Management Co. , 11601 Wilshire Boulevard, LPenthouse Floor, Los Angeles, California 90025, for investment management services rendered in connection with purchases and sales of Securities in behalf of the City of Livonia's portfolio during the period December 1, 1992 through April 15, 1993; and a like sum is hereby appropriated from the Investment Administration Fund for this purpose; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3.04.140D2 and 5 of the Livonia Code of Ordinances, as amended On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was: #429-93 RESOLVED, that the Council does hereby refer to the Finance and Insurance Committee for its report and recommendation the subject of investment management services contracts. No one wished to speak during the audience communication portion at the end of the meeting. On a motion by Feenstra, seconded by McGee, and unanimously adopted, this 1,249th Regular Meeting of the Council of the City of Livonia Imw was adjourned at 10: 11 p.m. , May 19, 1993. Of M1.41.9 J. n McCotter, City Clerk