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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) 31240 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 31241 #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 31242 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 31243 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 31244 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 31245 #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, 31246 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 31248 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 31249 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 31250 #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 31253 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 31254 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