HomeMy WebLinkAboutCOUNCIL MINUTES 1998-10-07 31239
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SEVENTY-EIGHTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On October 7, 1998, 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 00 p m Council Vice President Walsh delivered the invocation
Roll was called with the following result: John J Walsh, Val I
Vandersloot, Brian Duggan, Joe Laura, Maureen Miller Brosnan, and Jack Engebretson
Absent: John R. Pastor (out of town on business)
Elected and appointed officials present: Jack E. Kirksey, Mayor; John
Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney;
Ann W Tavolacci, Deputy City Clerk, Karen A. Szymula, Director of Legislative Affairs,
Ronald Reinke, Superintendent of Parks and Recreation, Laura M Toy, City Treasurer;
and Jeff Bryant, Economic Development Manager
On a motion by Duggan, seconded by Brosnan, and unanimously*
adopted, it was
#746-98 RESOLVED, that the minutes of the 1,3--tth
Regular Meeting
of the Council of the City of Livonia, held September 23, 1998, are hereby
approved as submitted
*Councilmember Vandersloot 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 audience communication, Jane Soltesz, 9126 Frederick, of the
Livonia Historical Commission reported on the recent flee market at Greenmead, stating
it was a big success with 2,000 people attending and raising over$3,000 00 She also
announced that Saturday, October 24, 1998, is a Mother Goose Halloween Walk at
Greenmead
Councilmember Brosnan wished Bonita Johnson, Technical Specialist in
the City Council Office, a "Happy Birthday" (October 6, 1998)
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A communication from the Engineering Division, dated October 5, 1998,
re status of the Pines of Winfield Subdivision and restoration work in Sheffield Estates
was received and placed on file for the information of the Council
A communication from the Department of Finance, dated September 21,
- 1998, re forwarding various financial statements of the City of Livonia for the month
ending August 31, 1998, was received and placed on file for the information of the
Council
A communication from the Office of the Mayor, dated August 24, 1997, re
update on the Ardmore property was received and placed on file for the information of
the Council (Consent Agenda Item #14)
On a motion by Duggan, seconded by Brosnan, it was
#747-98 RESOLVED, that having considered a letteC from Garrett L.
L. Wheat, on behalf of the Churchill PTSA, received in the Office of the City
Clerk on September 21, 1998, which requests permission to display wire
signs announcing the Churchill PTSA Craft Show to be held on October
24, 1998, which signs are to be 22" x 17" in size and which will be
displayed at all major intersections in the City from October 14, 1998,
through October 25, 1998, the Council does hereby grant and approve this
request in the manner and form herein submitted
A communication from the Office of the Mayor, dated September 16,
1998, re administrative response to CR 615-98—the painting of the exterior, outside
lighting and the air conditioning at Fire Station No 6 on Plymouth Road, west of
Newburgh, was received and placed on file for the information of the Council
A communication from the Livonia Housing Commission, dated August 26,
1998, re. forwarding their audit report for the fiscal year ending December 31, 1997,
was received and placed on file for the information of the Council
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#748-98 RESOLVED, that having considered the report and
lbw recommendation of the Superintendent of Public Service and the Director
of Public Works, dated September 21, 1998, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the purchase from Cargill Salt, Inc., 24950
Country Club Boulevard, Suite 450, North Olmsted, Ohio 44070, of 75% of
the City's requirement of rock salt used for ice control at the unit price bid
of$25 88 per ton for the period through April 15, 1999, submitted to the
Consortium of Farmington Hills, Southfield, the Southfield School District,
Farmington, St. Clair Shores, Warren, Madison Heights, Wixom, Walled
Lake, South Lyon and Eastpointe, the same having been in fact the lowest
bid received for this item, FURTHER, the Council does hereby authorize
the purchase from Morton Salt, Inc., 100 N Riverside Plaza, Chicago,
Illinois 60606, of 25% of the City's requirement of rock salt used for ice
control at the unit price bid of$27 77 per ton, the same having been in fact
the second lowest bid received for this item, FURTHER, the Council does
hereby authorize such expenditure from funds already budgeted in
Account No 101-463-784-000 for this purpose
A communication from the Department of Law, dated September 15,
1998, re administrative response to CR 692-98— bidding process for proposed sale of
City-owned property at 12313 Stark Road (Sidwell No 111-99-0005-001) was received
and placed on file for the information of the Council
A communication from the Department of Law, dated September 21,
1998, re administrative response to CRs 553-97 and 689-98 — conveyance of City-
owned property located at 34601 Plymouth Road (the former Livonia Auto Parts) -was
received and placed on file for the information of the Council
#749-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated September 16, 1998, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby accept the unit price bid of Sun Environmental Systems, Inc.,
10090 West Chicago, Detroit, Michigan 48204, for completing all work
required in connection with the removal and replacement of underground
storage tanks at the DPW facility and the Police Department (Contract 98-
N) for the estimated total cost of$517,650 00 based upon the Engineering
Division's estimate of units involved, and subject to a final payment based
upon the actual units completed in accordance with the unit prices
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accepted herein, said estimated cost and unit prices having been in fact
the lowest bid received for this item, FURTHER, the Council does hereby
authorize the expenditure in the amount of$200,000 00 from funds
already budgeted for this purpose in Account No 101-446-987-000 (DPW
Equipment Maintenance) and an expenditure in the amount of
$131,728 53 from funds already budgeted for this purpose in Account No
401-000-818-036 (Capital Projects Fund), FURTHER, the Council does
hereby appropriate and authorize the expenditure of an additional sum not
to exceed $185,921 47 from the Unexpended Fund Balance of the Capital
Projects Fund No 401 for this purpose, and the Director of Public Works
is hereby authorized to approve minor adjustments in the work as it
becomes necessary, and the Mayor and City Clerk are hereby authorized
to execute a contract for and on behalf of the City of Livonia with the
aforesaid bidder and to do all other things necessary or incidental to the
full performance of this resolution, FURTHER, the Council does hereby
acknowledge and approve the expenditure previously authorized by the
Mayor pursuant to Section 3 04 140D1 of the Livonia Code of Ordinances
in the amount of$49,200 00 for two new gas tanks for new installations at
the Police Station and the Department of Public Works yard from Enviro
Vac Systems, 1755 Austin, Troy, Michigan 48083, the same to be
expended from the Capital Projects Fund No 401-000-818-036
#750-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 18, 1998, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, with regard to the
enclosure of Bell Creek, west of Fitzgerald Avenue (S.A.D No 389) in the
Southwest 1/4 of Section 5, the Council does hereby determine as follows
• To authorize a revision and amendment to Special Assessment District
389 in accordance with the revised assessment roll attached to the
aforesaid communication so as to decrease the total assessment as
set forth in the confirmed assessment roll for Special Assessment
District 389 from $9,200 40 to $8,848 10, with the assessments to be
reduced to the assessment rate of$4,424 05 per lot and which
amendment will reflect actual costs incurred in this project;
• To establish the final project cost at $22,120.25, of which $8,848 10 is
to be charged to the special assessment district, and $13,272 15 is to
be assumed by the Drain Construction Fund (No 465), and
• To authorize an expenditure in the amount of $22,120 25 of which
$13,272 15 shall be from the Drain Construction Fund (No 465), and
$8,848 10 shall be from the General Obligation Road Improvement
Bond Issue with the provision that the Bond Issue be reimbursed at
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such time as funds are available from the next Special Assessment
Bond Issue,
and the City Assessor, City Clerk and City Treasurer are hereby
authorized to do all things necessary or incidental to the full performance
of this resolution
#751-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 18, 1998, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, with regard to the
enclosure of Bell Creek, west of Fitzgerald Avenue (S.A.D No 389) in the
Southwest 1/4 of Section 5, the Council does hereby refer the subject of
drainage concerns in this area to the Water, Sewer and Waste Committee
for its report and recommendation
#752-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated September 4, 1998, approved for submission by the Mayor, to
which is attached a communication from the Michigan Department of
Transportation, dated August 17, 1998, requesting the waiver of any
applicable City noise ordinance for the Michigan Department of
Transportation in order to permit a 24-hour work day duriog the Spring,
Summer and Fall construction season in connection with the
reconstruction of 1-275 between 5 Mile Road and 1-696, the Council does
hereby approve this request and does hereby waive all applicable work
hour/noise provisions of the Livonia Code of Ordinances in 1999 and 2000
for this specific project in order to best serve the overall best interests of
the public and to promote the prompt completion of this project.
#753-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 16, 1998, which
transmits its resolution 9-157-98 adopted on September 15, 1998, with
regard a request from Joseph Philips, Architect, on behalf of the Rosedale
Gardens Presbyterian Church, dated August 28, 1998, for an extension of
the approval of Petition 97-5-8-14 in connection with the approval of all
plans for a proposal to construct a narthex addition to the church located
at 9601 Hubbard Road in the Northwest 1/4 of Section 34, previously
granted in Council Resolution 603-97, adopted on July 21, 1997, the
Council does hereby concur in the recommendation of the Planning
Commission and does hereby grant the requested extension for a one-
year period, subject to compliance with all of the conditions set forth in the
original site plan approval
#754-98 RESOLVED, that having considered a communication from
Councilmember Joe Laura, dated September 21, 1998, concerning the
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subject of zoning of vacant parcels of land, the Council does hereby refer
this matter to the Committee of the Whole for its report and
recommendation
#755-98 RESOLVED, that having considered the report and
recommendation of the City Treasurer, dated September 21, 1998, the
Council does hereby authorize an extension of the City's current
agreement with Mr Andrew J Ferkovich and Mr Walter Smerecki, A & W
Collections, 45390 Stonehedge, Plymouth, Michigan 48170, for collection
of personal property taxes, with the understanding that the Treasurer's
Office shall send one additional notice to the taxpayer prior to turning over
the collection of such taxes to A & W Collections, the cost of which service
is to be taken from 1% per month interest and 4% collection fees and
which agreement would be for the period December 1, 1998, through
November 30, 2001, and will be subject to cancellation by either party
upon giving sixty (60) days notice and which agreement is herein made
subject to approval as to form by the Department of Law; and the Mayor
and City Clerk are hereby authorized to execute such contract for and on
behalf of the City of Livonia with the aforesaid company; FURTHER, the
Council does hereby authorize the action herein without competitive
bidding in accordance with Sections 3 04 140D2 and 4 of the Livonia
Code of Ordinances, as amended
#756-98
RESOLVED, that having considered the report and
recommendation of the Chairman of the Water and Sewer Board, dated
September 17, 1998, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and which transmits its
resolution WS 3243 8/98, adopted on August 24, 1998, the Council does
hereby approve retaining ADS Environmental Services, Inc., 5025
Bradford Boulevard, Huntsville, Alabama 35805, to maintain six sanitary
sewer flow meters and two rain gauges at various locations throughout the
City for the period October 1, 1998 through September 30, 2003, at a total
cost of$140,064 00, 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 company, provided same is approved as to form by the
Department of Law; FURTHER, the Council does hereby authorize the
action herein without competitive bidding in accordance with Section
3 04 140D4 of the Livonia Code of Ordinances, as amended
#757-98 RESOLVED, that having considered a request from
Councilmember Maureen Miller Brosnan, the Council does hereby refer
the subject of the current status of the Ardmore property to the
Department of Law for its report and recommendation
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#758-98 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a public hearing
will take place before the City Council of the City of Livonia on Monday,
November 30, 1998, at 7 00 p m at the City Hall, 33000 Civic Center
Drive, Livonia, Michigan, with respect to the following item
Petition 98-7-1-15, submitted by First Industrial Realty Trust, Inc.,
for a change of zoning of property located on the south side of
Plymouth Road between Eckles Road and Alois Avenue in the
Southwest 1/4 of Section 30, from RUF to M-1, the City Planning
Commission in its resolution 9-141-98 having recommended to the
City Council that Petition 98-7-1-15 be denied, and
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment to the
Zoning Ordinance, and/or (b) location of the proposed change of zoning
as set forth above, first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia-as well as to,
not less than fifteen (15) days prior to said public hearing,sause to have
notice to be given by certified mail to each public utility company and to
each railroad company owning or operating any public utility or railroad
within the districts or zones affected, and FURTHER, the City Clerk is
requested to do all other things necessary or incidental to the full
performance of this resolution
#759-98 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5.2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a public hearing
will take place before the City Council of the City of Livonia on Monday,
November 16, 1998, at 7.00 p m at the City Hall, 33000 Civic Center
Drive, Livonia, Michigan, with respect to the following item
Petition 98-7-1-16, submitted by Ward Evangelical Presbyterian
Church, for a change of zoning of property located on the southeast
corner of Six Mile and Farmington Roads in the Northwest 1/4 of
Section 15, from RUFC to C-2, the City Planning Commission in its
resolution 9-147-98 having recommended to the City Council that
Petition 98-7-1-16 be denied,
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FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment to the
Zoning Ordinance, and/or (b) location of the proposed change of zoning
as set forth above, first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia as well as to,
not less than fifteen (15) days prior to said public hearing, cause to have
notice to be given by certified mail to each public utility company and to
each railroad company owning or operating any public utility or railroad
within the districts or zones affected, and FURTHER, the City Clerk is
requested to do all other things necessary or incidental to the full
performance of this resolution
#760-98 RESOLVED, that having considered a communication dated
September 21, 1998, from Pentagon Properties, L.P , which in accordance
with the provisions of Section 19 08 of Ordinance No 543, as amended,
the Zoning Ordinance, takes an appeal from a determination made on
September 15, 1998, by the City Planning Commission in its resolution 9-
153-98 adopted on September 15, 1998, with regard to Petition 98-8-8-26
submitted by Promus Hotel Corporation, on behalf of Homewood Suites,
requesting approval of all plans required by Section 18 47 in connection
with a proposal to construct a hotel on property located at 19660 Haggerty
Road in the Southwest 1/4 of Section 6, the Council does.hereby
designate Wednesday, December 2, 1998, at 7•00 p m as the date and
time for conducting a public hearing with regard to this matter, such
hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, and the City Clerk is hereby requested to do all things
necessary in order to give proper notice in writing, as well as by the
publication of a notice in the City's official newspaper of such hearing and
the date and place thereof, in compliance with the requirements set forth
in Ordinance No 543, as amended, the Zoning Ordinance of the City of
Livonia.
#761-98 RESOLVED, that having considered a communication dated
September 21, 1998, from Pentagon Properties, L.P , which in accordance
with the provisions of Section 19 08 of Ordinance No 543, as amended,
the Zoning Ordinance, takes an appeal from a determination made on
September 15, 1998, by the City Planning Commission in its resolution 9-
155-98 adopted on September 15, 1998, with regard to Petition 98-8-8-27
submitted by Homestead Village Inc., on behalf of Homestead Hotel,
requesting approval of all plans required by Section 18 47 in connection
with a proposal to construct a hotel on property located at 19640 Haggerty
Road in the Southwest 1/4 of Section 6, the Council does hereby
designate Wednesday, December 2, 1998, at 7 00 p m as the date and
time for conducting a public hearing with regard to this matter, such
hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia,
31247
Michigan, and the City Clerk is hereby requested to do all things
necessary in order to give proper notice in writing, as well as by the
publication of a notice in the City's official newspaper of such hearing and
the date and place thereof, in compliance with the requirements set forth
in Ordinance No 543, as amended, the Zoning Ordinance of the City of
Livonia
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Walsh, Vandersloot, Duggan, Laura, Brosnan, and Engebretson
NAYS None
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#762-98 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Ford Motor Company—
Livonia Transmission Plant, dated July 6, 1998, covering new industrial
facilities to be located within City of Livonia Industrial Development District
No 1, 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 Ford Motor Company— Livonia
Transmission Plant, 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 7 00 p m on Wednesday,
September 2, 1998, 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, Ford Motor Company— Livonia Transmission Plant,
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
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facility is to be located, and (b) the applicant has fully complied with
the requirements of Section 9, Act No 198, P.A. 1974, as
amended
2 That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from Ford Motor Company— Livonia
Transmission Plant covering new industrial facilities to be located
within the City of Livonia Industrial Development District No 1, for
12 years (after a two (2) year construction period)
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a Letter of Agreement between
the applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
Board upon approval of an Industrial Facility Exemption Certificate,
the Council hereby authorizes the Mayor and City Clerk to sign
such Letter of Agreement as duly executed by the applicant and
incorporate such Letter of Agreement as part of the documentation
required to process applications for industrial facility exemption
certificates
Duggan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 98-6-3-3)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Walsh, Vandersloot, Duggan, Laura, Brosnan, and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Vice President Walsh left the podium at 8 14 p m due to a conflict of interest on the
next agenda item
Brosnan took from the table, for second reading and adoption, the
following Ordinance
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AN ORDINANCE AMENDING SUBSECTIONS (b), (c), (d),
(e) AND (j) OF SECTION 18 42A TO ARTICLE XVIII OF
( ORDINANCE NO 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 98-4-6-2)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, Duggan, Laura, Brosnan, and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Vice President Walsh returned to the podium at 8 16 p m
On a motion by Duggan, seconded by Laura, it was
RESOLVED, that having considered a communication from
the City Assessor, dated September 15, 1998, approved for submission by
the Mayor, with regard to a request from Kim Haveraneck, 1980
Greenfield Road, Berkley, Michigan 48072, to divide Tax Item No 46-047-
99-0001-000 into three (3) parcels, the Council does hereby refer this item
to the Committee of the Whole for its report and recommendation
Duggan and Laura withdrew their motions on the foregoing resolution
On a motion by Duggan, seconded by Laura, it was
RESOLVED, that having considered a communication from
the City Assessor, dated September 15, 1998, approved for submission by
the Mayor, with regard to a request from Kim Haveraneck, 1980
Greenfield Road, Berkley, Michigan 48072, to divide Tax Item No 46-047-
99-0001-000 into three (3) parcels, the Council does hereby refer this item
to the Streets, Roads and Plats Committee for its report and
recommendation
Duggan and Laura withdrew their motions on the foregoing resolution
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
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#763-98 RESOLVED, that having considered a communication from
the City Assessor, dated September 15, 1998, approved for submission by
the Mayor, with regard to a request from Kim Haveraneck, 1980
Greenfield Road, Berkley, Michigan 48072, 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 46-047-99-0001-000 into three (3)
parcels, the legal descriptions of which shall read as follows
PARCEL A.
A parcel of land lying in and being part of the Southwest 1/4 of Section 12,
T 1 S , R 9E , Wayne County, Michigan and being described as
Commencing at the WestV4 corner of Section 12, T 1 S , R. 9 E , thence
S 00°17'50" E , 29 50 feet, thence S 89°58'01" E , 60 00 feet to the point
of beginning of Parcel A, thence S 89°58'01" E , 140 00 feet; thence S
00°17'50" E , 100 00 feet; thence N 89°58'01" W , 140 00 feet; thence N
00°17'50" W , 100 00 feet to point of beginning Parcel A contains
14,000 0 square feet, or 0 32 acres
PARCEL B.
A parcel of land lying in and being part of the Southwest 1/4 of Section 12,
T 1 S , R 9E , Wayne County, Michigan and being described as
Commencing at the West % corner of Section 12, T 1 S ; R 9E , thence
S 00°17'50" E , 29 50 feet, thence S 89°58'01" E , 200 00 feet; thence S
tip 00°17'50" E , 100 00 feet to the point of beginning of Parcel B, thence S
00°17'50" E , 100 00 feet; thence N 89°58'01" W , 140 00 feet; thence N
00°17'50" W , 100 00 feet; thence S 89°58'01" E , 140 00 feet to point of
beginning Parcel B contains 14,000 0 square feet, or 0 32 acres
PARCEL C.
A parcel of land lying in and being part of the Southwest 1/4 of Section 12,
T 1 S , R. 9 E , Wayne County, Michigan and being described as
Commencing at the West % corner of Section 12, T 1 S , R. 9 E , thence
S 00°17'50" E , 29 50 feet; thence S 89°58'01" E , 200 00 feet; thence S
00°17'50" E , 200 00 feet to the point of beginning of Parcel C, thence S
00°17'50" E , 100 00 feet; thence N 89°58'01" W , 140 00 feet; thence N
00°17'50" W , 100 00 feet; thence S 89°58'01" E , 140 00 feet to point of
beginning Parcel C contains 14,000 0 square feet, or 0 32 acres
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, FURTHER, this approval is contingent
upon review of the final building site plan by the City Council of curb cuts
and driveways only; and the City Clerk is hereby requested to cause a
certified copy of this resolution to be recorded in the Office of the Wayne
County Register of Deeds
31251
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#764-98 RESOLVED, that the Council does hereby refer to the
Streets, Roads and Plats Committee for its report and recommendation
the subject of the site plan review of curb cuts and driveways only with
respect to the lot split requested by Kim Haveraneck for Tax Item No 46-
- 047-99-0001-000, located north of Six Mile and east of Middlebelt, for
property located at 18120 Middlebelt.
On a motion by Walsh, seconded by Brosnan, and unanimously adopted,
it was
#765-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated September 2, 1998, which bears the signature of the Director of
Finance, is approved by the Superintendent of Parks and Recreation and
is approved for submission by the Mayor, the Council does hereby accept
the unit price bid of R & B Paving, Inc., 62200 Van Dyke, Suite A,
Washington Township, Michigan 48094, for completing all-work required in
connection with the paving of the Rotary Park Parking Lot (Contract 98-L)
for the estimated total cost of$57,333 75 based upon the Engineering
Division's estimate of units involved, and subject to a final payment based
upon the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
the lowest bid received for this item, FURTHER, the Council does hereby
authorize the expenditure of a sum not to exceed $57,333 75 from funds
already budgeted for this purpose in Account No 101-717-987-000, and
the Director of Public Works is hereby authorized to approve minor
adjustments in the work as it becomes necessary; and the Mayor and City
Clerk are hereby authorized to execute a contract for and on behalf of the
City of Livonia with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution
A communication from the Engineering Division, dated September 30,
1998, re additional information on the award of the bid to R & B Paving with respect to
the paving of the Rotary Park parking lot was received and placed on file for the
information of the Council
Brosnan left the podium at 8 34 p m due to a perceived conflict of interest with respect
to the next Agenda item
31252
On a motion by Duggan, seconded by Walsh, it was
#766-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated September 21, 1998, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby accept the unit price bid of Nagle Paving Company, 30630 West
Twelve Mile Road, Suite A, Farmington Hills, Michigan 48334, for
completing all work required in connection with the Rosedale Gardens
Paving Improvement Project (Contract 98-M) based upon the Option 2 bid
and the addition of the "Glasgrid" reinforcement for the estimated total cost
of$1,283,740 00 based upon the Engineering Division'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, including
the "Glasgrid" reinforcement, 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 $980,980 00 from the General Obligation Road Improvement
Bond Issue for this street improvement project with the provision that the
Bond Issue shall 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 payment of assessments by affected property owners,
FURTHER, the Council does hereby appropriate and authorize the
expenditure of a sum not to exceed $399,600 00 from the General
Obligation Road Improvement Bond Issue Fund to pay for the City's
portion of this project; and the Director of Public Works is hereby
authorized to approve minor adjustments in the work as it becomes
necessary; and the Mayor and City Clerk are hereby authorized to
execute a contract for and on behalf of the City of Livonia with the
aforesaid bidder and to do all other things necessary or incidental to the
full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Vandersloot, Duggan, Laura, and Engebretson
NAYS None
The President declared the resolution adopted
On a motion by Duggan, seconded by Laura, it was
#767-98 RESOLVED, that having considered a letter from the
Director of Public Works and the City Engineer, dated September 21,
1998, which bears the signature of the Director of Finance and is
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approved for submission by the Mayor, and a subsequent communication
dated September 24, 1998, from the City Engineer, approved for
submission by the Mayor, with regard to the Rosedale Gardens Paving
Improvement Project, and S.A.D 398 in connection therewith, the Council
does hereby determine to amend and revise Council Resolution 609-98,
adopted on August 10, 1998, to the extent necessary in order to provide
that the total amount of the assessments shall be $980,980 00,
FURTHER, the estimated City's share of this project shall be increased to
a total of$173,114 00 for paving costs and $226,486 00 for drainage
costs, for a total amount of$399,600 00, to be expended from the General
Obligation Road Improvement Bond Issue, and the City Assessor and
City Treasurer are hereby requested to do all things necessary or
incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Vandersloot, Duggan, Laura, and Engebretson
NAYS None
The President declared the resolution adopted
Brosnan returned to the podium at 8 46 p m
On a motion by Walsh, seconded by Duggan, and unanimously adopted, it
was.
#768-98 RESOLVED, that the Council does hereby refer to
the Legislative Committee for its report and recommendation the
matter of reviewing the issue of amending the Special Assessment
Ordinance
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#769-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 16, 1998, which
transmits its resolution 9-142-98, adopted on September 15, 1998, with
regard to Petition 98-8-2-15, submitted by Michael Palazzolo requesting
waiver use approval to construct a car repair facility on property located on
the south side of Plymouth Road between Farmington and Stark Roads in
the Northeast 1/4 of Section 33, which property is zoned C-2, the Council
does hereby refer this item to the Committee of the Whole for its report
and recommendation
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A communication from the Economic Development Manager, dated
October 5, 1998, re availability of a site for the car repair facility requested by Michael
Palazzolo (Petition 98-8-2-15) was received and placed on file for the information of the
Council
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#770-98 RESOLVED, that having considered a communication from
the Chief of Police, dated September 30, 1998, approved for submission
by the Mayor, the Council does hereby amend and revise Council
Resolution 559-98 so as to have the same read as follows
RESOLVED, that having considered a letter from Richard S Emrich,
Assistant Principal of Franklin High School, dated June 25, 1998, the
Council does hereby approve and recognize the Franklin High School
Patriot Street Homecoming Parade to be held on Friday, October 9,
1998, beginning at 12 30 p m , FURTHER, the Council does hereby
request that the Wayne County Road Commission allow the City of
Livonia to close Joy Road from Franklin High School to Merriman
Road, Merriman Road between Joy and West Chicago, West Chicago
between Merriman and Sunset, Sunset between West Chicago and
Robert Drive, Robert Drive between Sunset and Henry Ruff, Henry
Ruff between Robert Drive and Olson, Olson between Henry Ruff and
Hillcrest, Hillcrest between Olson and Joy Road, and Joy Road
between Hillcrest and the west parking lot of Franklin High School
between the hours of 12 30 p m and 2 15 p m or until the roads are
returned to normal traffic operation, that the City of Livonia will assume
liability for any damage claims which may arise as a result of the road
closure, and that Lt. Kevin Dawley is hereby designated and
authorized to sign the road closure permit on behalf of the City of
Livonia
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#771-98 RESOLVED, that having considered a communication from
the City Treasurer, dated September 18, 1998, the Council does, for and
on behalf of the City of Livonia, accept the donation of line control
3(255
stanchions, valued at $600 00, from Comerica Bank, for use in the City
Treasurer's Office and by other City departments as needed
amp On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#772-98 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated September 17, 1998,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept a cash donation in the amount of$500 00 from the
Livonia Rotary Club, the same to be appropriated and credited to Account
No 702-285-125 for use in connection with the Department of Parks and
Recreation Family Concert Series
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
#773-98 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#774-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated September 29, 1998, which bears the signature of the Director of
Finance, is approved as to form by the City Attorney, and is approved for
submission by the Mayor, with regard to the installation of a right-turn lane
on Plymouth Road, eastbound at Merriman Road, the total cost of which is
estimated to be $80,475 92 with the City of Livonia's share being
estimated at $10,059 49 (12 5% of the total cost), the Council does hereby
determine to approve of the said project and the City's participation,
together with the Michigan Department of Transportation, in the financial
cost of this project; FURTHER, the Council does hereby accept the unit
price proposal of Peter A. Basile Sons, Inc , P 0 Box 532530, 13000
Newburgh Road, Livonia, Michigan 48153-2530, for completing all work in
connection with this project for the estimated total cost of$65,755.20
based upon the Engineering Division'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, FURTHER, the Council
does hereby accept the proposal submitted by Orchard, Hiltz &
31256
McCliment, Inc , 34935 Schoolcraft, Livonia, Michigan 48150, for
performing all services related to the design, stakeout and contract
administration for this project based on hourly rates, for a not-to-exceed
fee of $14,720 72, such services to be added to the City's existing contract
with this company for the Seven Mile Road project previously authorized
in Council Resolution 862-97, adopted on October 22, 1997, FURTHER,
the Council does hereby appropriate and authorize the expenditure of the
sum of$80,475 92 from the Major Road Account of the Michigan
Transportation Fund for the total cost of this project with the understanding
that the City shall be reimbursed in the amount of $70,416 43 from the
State of Michigan and in the amount of$10,059 49 from the Plymouth
Road Development Authority for the costs associated with this project; and
the Mayor and City Clerk are hereby authorized, for and on behalf of the
City of Livonia, to execute the proposed cost agreement with the Michigan
Department of Transportation submitted in this regard, as well as a
construction contract with Peter A. Basile Sons, Inc , subject to approval
by the Engineering Division and the Department of Law; and the City
Clerk is hereby authorized to do all other things necessary or incidental to
the full performance of this resolution, and the Director of Public Works is
hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the City Clerk is hereby requested to forward a
certified copy of this resolution, together with the signed agreements, to
the Michigan Department of Transportation, FURTHER, the Council does
hereby authorize the action herein without competitive bidding for the
reasons indicated in the aforesaid communication, and such action is
taken in accordance with the provisions set forth in Section 3 04 140D1 of
the Livonia Code of Ordinances, as amended
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was.
#775-98 RESOLVED, that having considered a communication from
the Michigan Porcelain Artists, dated October 5, 1998, requesting
permission to display signs announcing the upcoming Art and Craft show
at the Sheldon Senior Citizens Center to be conducted on Saturday,
October 17, 1998, which signs will be displayed at all major intersections
in the City from Tuesday, October 13, 1998, through Saturday, October
17, 1998, the Council does hereby approve and grant this request in the
manner and form herein submitted
There was no audience communication at the end of the meeting
Jeff Bryant, Economic Development Manager, asked a question with respect to Agenda
Item #22
31257
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,378th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 56 p m , October 7, 1998
'AAA ►,�,
Jo., , McCotter, City Clerk