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HomeMy WebLinkAboutCOUNCIL MINUTES 1998-08-10 31124 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SEVENTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 10, 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 Councilmember Pastor delivered the invocation Roll was called with the following result: John R Pastor, Brian Duggan, Joe Laura, Maureen Miller Brosnan, John J Walsh, Val I Vandersloot, and Jack Engebretson. Absent: None Elected and appointed officials present: John Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, Jeff Bryant, Economic Development Manager; and Ian Wilshaw, Traffic Commission. On a motion by Duggan, seconded by Brosnan, and unanimously* adopted, it was #592-98 RESOLVED, that the minutes of the 1,373rd Regular Meeting of the Council of the City of Livonia, held July 20, 1998, are hereby approved as submitted *Council Vice President Walsh abstained from voting, which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances There was no audience communication at the beginning of the meeting Councilmember Pastor announced that Bob and Janet Schuelke are relocating out of the City They have been very active in the community, are going to be missed, and are wished well in their new endeavors A communication from the Engineering Division, dated August 3, 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 31125 A communication from the Department of Finance, dated July 20, 1998, re forwarding various financial statements of the City of Livonia for the month ending June 30, 1998, was received and placed on file for the information of the Council At the direction of the Chair, Item Nos. 8 & 9 were removed from the Consent portion of the Agenda. A communication from the President of the Livonia Board of Education, dated August 3, 1998, re Stevenson High School parking problems was received and placed on file for the information of the Council (CR 547-98) (Consent Agenda Item #3) On a motion by Duggan, seconded by Brosnan, it was #593-98 RESOLVED, that having considered a letter from Sandy McNeilance, 35197 Vargo, Livonia, Michigan 48152, dated July 5, 1998, regarding problems with erosion and overflow of the creek which flows through the property located at 35197 Vargo (Lot 5 - Hidden Creek Subdivision), the Council does hereby refer this matter to the Engineering Division for its report and recommendation #594-98 RESOLVED, that having considered a letter from Sandy McNeilance, 35197 Vargo, Livonia, Michigan 48152, dated July 5, 1998, regarding problems with erosion and overflow of the creek which flows through the property located at 35197 Vargo (Lot 5 - Hidden Creek Subdivision), the Council does hereby refer this matter to the Water, Sewer and Waste Committee for its report and recommendation. #595-98 RESOLVED, that having considered a communication from the Water and Sewer Board, dated July 2, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits its resolution WS 3235 6/98, wherein the Board concurs in the recommendation made by the Public Utility Manager in a letter dated June 15, 1998, attached thereto, the Council does hereby accept the bid of Wolverine Power and Equipment Company, 25900 W Eight Mile Road, Southfield, Michigan 48034, for supplying the Public Service Division (Water and Sewer Maintenance Section) with one (1) heavy-duty tractor loader backhoe with extendible dipperstick for a net price of$45,000 00, based on a total price of$57,500 00 less trade-in of $12,500 00, the same having been in fact the lowest bid received which meets all specifications, and the bids of AIS Construction Equipment and 31126 Wm F Sell & Son, Inc. are hereby rejected for the reasons indicated in the attachment. A communication from the Division of Police, dated June 11, 1998, re administrative response to CR 328-98 - traffic and parking problems at Stevenson High School -was received and placed on file for the information of the Council #596-98 RESOLVED, that having considered a report and recommendation of the Chief of Police, dated June 11, 1998, approved for submission by the Mayor, submitted pursuant to Council Resolution 328- 98, concerning traffic and parking problems at Stevenson High School, the Council does hereby request that the City Clerk forward a copy of this report to the Livonia Board of Education #597-98 RESOLVED, that having considered a communication from the Department of Law, dated July 9, 1998, approved for submission by the Mayor, submitted pursuant to Council Resolution 80-98, which submits a proposed amendment to Section 18 17 of the Livonia Zoning Ordinance for the purpose of granting valid nonconforming use status to existing nonconforming produce markets and nurseries, the Council does hereby determine on its own motion, in accordance with Section 23 01(a) of Zoning Ordinance 543, to refer to and request that the City Planning Commission conduct a public hearing on the question of whether such an amendment should be made, and thereafter submit its report and recommendation to Council #598-98 RESOLVED, that having considered an application from Michelle Chisholm, 14248 Ramblewood, dated July 15, 1998, requesting permission to close Ramblewood between Scone and Perth on Saturday, August 29, 1998, from 2 00 p m to 1000 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #599-98 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 9, 1998, which bears the signature of the Director of Finance, is approved by the Director of Public Works and the Chairman of the Water and Sewer Board, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Sunset Excavating, Inc., 12641 Stark Road, Livonia, Michigan 48150, for completing all work required in connection with the Glendale Avenue Extension and Leachate Collection System Project (Contract 98- F), including a water main and sanitary sewer extension, for the estimated total cost of$798,198 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, said 31127 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 $674,021 00 from the Unexpended Fund Balance of the Refuse Fund for the installation of the pavement, storm sewers and leachate collection system in connection with this project; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $124,177 00 from the Unexpended Fund Balance of the Water and Sewer Fund for the installation of the water main and sanitary sewer extensions in connection with 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. #600-98 RESOLVED, that having considered a request from Councilmember John R. Pastor, the Council does hereby refer the subject of the utilization of both internal and external engineering services to the Engineering Division for its report and recommendation, FURTHER, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation #601-98 RESOLVED, that the Council having adopted resolution 841-97 at its regular meeting held on October 22, 1997, and resolution 1021-97 at its regular meeting of December 17, 1997, requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed street improvements for Lamont Street, 130 feet north of Joy Road to 200 feet south of Northfield Avenue, and for Stonehouse Avenue, 130 feet north of Joy Road to West Chicago Boulevard, respectively, in Section 31, T 1 S , R. 9 E., City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of July 8, 1998, and that there has been a full compliance with all of the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, October 14, 1998, at 7 00 p m as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the Livonia City Hall, 31128 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code #602-98 RESOLVED, that having considered a communication from the Director of Finance, dated July 21, 1998, and approved for submission by the Mayor, the Council does hereby determine to conduct a public hearing on Monday, October 5, 1998, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items 1 The proposed annual budget for the City of Livonia for the fiscal year ending November 30, 1999; and 2 The public hearing required by Act 5 PA 1982, in connection with the Truth in Taxation hearing, and the City Clerk shall give adequate public notice of said public hearing in accordance with provisions of law and City Charter #603-98 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 19211, 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 Wednesday, October 14, 1998, at 7 00 p m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item. Petition 98-6-1-10, submitted by David and Kathleen Johnson and Adam and Anna Holzhaus for a change of zoning of property located on the south side of Clarita Avenue between Middlebelt Road and Melvin Avenue in the Northeast 1/4 of Section 11, from R-5 to R-2, the City Planning Commission in its resolution 7-108-98 having recommended to the City Council that Petition 98-6-1-10 be approved; 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 31129 Clerk is requested to do all other things necessary or incidental to the full performance of this resolution #604-98 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 )(XIII 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, October 5, 1998, at 8.00 p m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 98-6-1-9, submitted by Millennium Park, L.L.0 , on behalf of Ladbroke Land Company for a change of zoning of property located on the east side of Middlebelt Road between Schoolcraft Road/I-96 Freeway and the CSX Railroad in the Southwest 1/4 of Section 25 from M-2 to C-2, the City Planning Commission in its resolution 7-118-98 having recommended to the City Council that Petition 98-6-1-9 be denied, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Duggan, Laura, Brosnan, Walsh, Vandersloot, and Engebretson. NAYS None On a motion by Walsh, seconded by Brosnan, and unanimously adopted, it was. #605-98 RESOLVED, that having considered a request from Council Vice President John J Walsh, the Council does hereby determine to take no further action with respect to the subject of the block party approval 31130 process and the possibility of administrative approval (as opposed to Council approval) of such requests On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #606-98 RESOLVED, that having considered a letter from the Michigan Municipal League, dated July 2, 1998, with regard to the Annual Convention of the League to be held in Traverse City, Michigan, on September 9 - 11, 1998, the Council does hereby designate Brian Duggan as the Official Representative and Voting Delegate of the City of Livonia at the Annual Convention, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A communication from the Michigan Municipal League, dated July 27, 1998, re proposed MML policies for 1998-99 which will be discussed and voted on at the Annual Meeting was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Walsh, it was. #607-98 RESOLVED, that having considered a communication from the City Engineer, dated July 24, 1998, approved for submission by the Mayor, to which is attached a letter from Mr Tony DiRezze, dated July 8, 1998, requesting elimination of the sidewalk requirement with respect to the home located at 18354 Pershing, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing in this area. A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Brosnan, Walsh, Vandersloot, and Engebretson. NAYS Duggan and Laura The President declared the resolution adopted A communication from the Engineering Division, dated July 24, 1998, re additional information on the request to waive the sidewalk requirement at 18354 Pershing was received and placed on file for the information of the Council On a motion by Duggan, seconded by Laura, it was 31131 RESOLVED, that having considered a communication from the City Planning Commission, dated July 1, 1998, which transmits its resolution 6-98-98 adopted on June 23, 1998, with regard to Petition 98- 5-8-19 submitted by Gator Construction, Inc., on behalf of Alpha Baptist Church, requesting site plan approval in connection with a proposal to construct a recreational building on property located at 28051 West Chicago Road in the Southwest 1/4 of Section 36, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Laura and Brosnan. NAYS Pastor, Walsh, Vandersloot, and Engebretson The President declared the resolution denied A communication from Gator Construction, Inc., dated August 6, 1998, re additional information pertaining to Petition 98-5-8-19, Alpha Baptist Church, was received and placed on file for the information of the Council A communication from Gary Heinrichs, 18222 Pershing, dated August 1, 1998, re construction costs for the activities building for the Alpha Baptist Church was received and placed on file for the information of the Council (Petition 98-5-8-19) R. Scott Kaye (Gator Construction), 13421 Norman Drive, Belleville, stated that this project started about five (5) years ago, and due to inflation, there has already been an increase in construction costs He asked the Council to consider approving their proposal as submitted On a motion by Vandersloot, seconded by Pastor, it was #608-98 RESOLVED, that having considered a communication from the City Planning Commission, dated July 1, 1998, which transmits its resolution 6-98-98 adopted on June 23, 1998, with regard to Petition 98- 5-8-19 submitted by Gator Construction, Inc., on behalf of Alpha Baptist Church, requesting site plan approval in connection with a proposal to construct a recreational building on property located at 28051 West Chicago Road in the Southwest 1/4 of Section 36, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning 31132 Commission and Petition 98-5-8-19 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet S1 prepared by The Foresta Group, as received by the Planning Commission on June 12, 1998, is hereby approved and shall be adhered to, 2. That all parking spaces shall be 10' x 20' and double-striped, 3 That the Landscape Plan marked Sheet L1 prepared by The Foresta Group, as received by the Planning Commission on June 12, 1998, is hereby approved and shall be adhered to, 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That underground sprinklers are to be provided for all new landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the Exterior Building Elevation Plan marked Sheet Al prepared by The Foresta Group, as received by the Planning Commission on June 12, 1998, is hereby approved and shall be adhered to, 7 That the brick used in the construction of the building shall be full- face four (4") inch brick, no exceptions, 8 That the petitioner shall meet to the Department of Public Works Engineering Division's satisfaction the following requirement as outlined in the correspondence dated May 27, 1998 That a fire hydrant shall be located on the southwest corner of the new facility's parking lot; 9 That the petitioner shall meet to the Department of Public Safety Livonia Fire & Rescue's satisfaction the following requirement as outlined in the correspondence dated June 1, 1998 That the entrance drive be posted on both sides as "No Parking" or "Fire Lane, No Parking," 10 That the overhang on the upper roof shall match the overhang as shown on the lower roof projection, and 11 That there shall be three (3) sets of windows added to the east elevation at the 20' level A roll call vote was taken on the foregoing resolution with the following result: 31133 AYES Pastor, Walsh, Vandersloot, and Engebretson. LNAYS Duggan, Laura, and Brosnan The President declared the resolution adopted. Brosnan left the podium at 8.24 p m. due to a conflict of interest on the next matter On a motion by Duggan, seconded by Walsh, it was #609-98 RESOLVED, that having considered a communication from the City Assessor and the City Engineer, dated July 23, 1998, wherein it is requested that Council Resolution 446-98 be amended to state that interest on Special Assessment District No 398, Old Rosedale Gardens Subdivision, will begin December 1, 1999, for residents affected by the assessments, the Council does hereby amend and revise Council Resolution 446-98 so as to have the same read as follows' WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 398 for a proposed improvement consisting of removing the existing asphalt curb sections, installing two foot (2') wide asphalt curbs and gutters and resurfacing the pavement with 1-1/2" of asphalt (Modified Alternate III - Option 3), thus retaining the current total width of 19-1/2 feet on Hubbard Road, Cranston, Blackburn, Ingram, Berwick, Auburndale, Melrose and Arden Avenues between Plymouth Road and West Chicago, as well as Elmira and Orangelawn Avenues between Hubbard and Merriman Roads, in the Old Rosedale Gardens Subdivision in the Northeast 1/4 of Section 34, T 1 S , R. 9 E., City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Wednesday, April 1, 1998, at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of a street improvement to be constructed in Special Assessment District No 398; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, THAT 31134 (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated February 4, 1998, in the amount of $897,254 39, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district in accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said Special Assessment Roll No 398 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into fifteen (15) equal annual installments with interest at the rate of six (6%) percent per annum on the unpaid balance of the assessment from December 1, 1999. Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll, said rate of interest shall be not more than 1% above the average rate of interest borne by said bonds. In such cases where the installments will be less than Ten Dollars ($10 00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10 00) as possible The first installment shall be due and payable December 1, 2000, and subsequent installments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3 08 190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08 190 Any property owner assessed may pay the whole or any part of the assessment without interest or penalty up to December 1, 1999, (5) The first installment shall be spread upon the 2000 City tax roll in the manner required by Section 3 08 210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1, 1999, and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in 31135 the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3 08 200, or after the expiration of the sixty (60) day period as provided by Section 3 08 220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, and (6) The City Council does hereby determine to pay 15% of the paving costs ($157,913 89), 100% of drainage costs ($46,000 00) for a total amount of $203,913 89 A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Duggan, Laura, Walsh, Vandersloot, and Engebretson. NAYS None The President declared the resolution adopted A communication from the Engineering Division, dated August 3, 1998, re status of the Old Rosedale Gardens Special Assessment District (#398) was received and placed on file for the information of the Council Brosnan returned to the podium at 8 25 p m On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #610-98 RESOLVED, that having considered a communication from the City Planning Commission, dated May 8, 1998, which sets forth its resolution 5-70-98 adopted on May 5, 1998, with regard to a Sign Permit Application submitted by Plunkett & Cooney, on behalf of Champps Americana, requesting approval for signage for the restaurant located at 19470 Haggerty Road in the Southwest 1/4 of Section 6, and the Council having conducted a public hearing with regard to this matter on Monday, July 13, 1998, pursuant to Council Resolution 453-98, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation John B Carlin of Plunkett & Cooney, 505 N Woodward, Bloomfield Hills, stated that this signage is being requested due to the anticipated additional traffic once the theater at this site is open 31136 On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #611-98 RESOLVED, that having considered a communication from the City Planning Commission, dated June 1, 1998, which sets forth its resolution 5-77-98 adopted on May 19, 1998, with regard to Petition 98-4- 1-7, submitted by Jonna Realty Enterprises for a change of zoning of property located on the west side of 1-275 between Seven Mile and Eight Mile Roads, in the Southwest 1/4 of Section 6, from PO11 to C-2 and C-4, and the Council having conducted a public hearing with regard to this matter on July 22, 1998, pursuant to Council Resolution 452-98, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. A communication from the Planning Department, dated August 5, 1998, re forwarding a listing of all hotel and motel facilities located within a three mile radius of the site of Petition 98-4-1-7 was received and placed on file for the information of the Council A communication from Pentagon Properties Limited Partnership, dated August 5, 1998, re additional information pertaining to rezoning Petition 98-4-1-7 was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #612-98 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated July 13, 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 S & J Asphalt Paving Company, 39571 Michigan Avenue, Canton, Michigan 48188, for completing all work required in connection with the 1998 Tennis Court Reconstruction (Contract 98-K) for the estimated total cost of $84,459 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 $84,459 75 from Account No 101-707-974-000 (Capital Outlay -- Land Improvement) for 31137 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. On a motion by Brosnan, seconded by Walsh, and unanimously adopted, it was #613-98 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. Duggan left the podium at 8.35 p m. due to a conflict of interest on the next matter Brosnan gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 98-3-1-6) 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 Brosnan invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Pastor, Laura, Brosnan, Walsh, Vandersloot, and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Duggan returned to the podium at 8.36 p m. There was no audience communication at the end of the meeting. 31138 On a motion by Duggan, seconded by Brosnan, and unanimously adopted, this 1,374th Regular Meeting of the Council of the City of Livonia was adjourned at 8 37 p m., August 10, 1998 n McCotter, City Clerk