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HomeMy WebLinkAboutCOUNCIL MINUTES 1995-05-03 28784 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND NINETY-SIXTH /kwREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 3, 1995, 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 Brosnan delivered the invocation Roll was called with the following result Maureen Miller Brosnan, Laura M Toy, Dale A Jurcisin, Fernon P Feenstra, Michael P McGee, Sean P Kavanagh, and Gerald Taylor Absent None Elected and appointed officials present Robert D Bennett, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K White, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs, Robert R Bishop, City Treasurer; and Suzanne Wisler, Director of Community Resources On a motion by McGee, seconded by Feenstra, and unanimously* adopted, it was #268-95 RESOLVED, that the minutes of the 1,295th Regular Meeting of the Council of the City of Livonia, held April 19, 1995, are hereby approved as submitted *Councilmember Jurcisin abstained from voting which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances A proclamation from the Offices of the Mayor and City Council was read by Mayor Bennett, designating Monday, May 8, 1995, as the 50th Anniversary of V-E Day, which ended the second World War in Europe The Mayor asked the viewing audience to express their appreciation in their thoughts and their prayers on that day for the great sacrifices that were made through this military action 28785 Bernard Noffert, 14381 Yale, offered to the City the use of a 48- star United States flag, which he carried and displayed during his military tour of duty in Normandy, Northern France, Luxemburg, Belgium and Germany, as well as England, as part of the City' s commemoration of the 50th anniversary of V-E Day and the end of WW II in Europe Mayor Bennett announced a dedication ceremony scheduled to take place on Thursday, May 11, 1995, at 10 30 a m in remembrance of the individuals who lost their lives in the Oklahoma City bombing by the planting of a dogwood tree, donated by Marcel and Mary Bihan, on the east side of City Hall near the Civic Center Library The tree will serve as a "living symbol" that the City of Livonia joins with the nation in expressing its sorrow over that hateful act On a motion by Jurcisin, seconded by Brosnan, and unanimously adopted, it was #269-95 WHEREAS, the Livonia Knights Pee Wee "A" Travel Hockey Team, representing the Livonia Hockey Association and the City of Livonia, finished 1st in their League and Districts to secure a position in the State Championship Playoffs in Sault St Marie, Michigan, and WHEREAS, the Pee Wee "A" Livonia Knights, coached by Mike McLean, Bill Smith, Dan Lerg and Terry Martin, and managed by Angie Krogol, won the State Championship on March 12, 1995 against the Fraser Falcons in double overtime, by a score of 3 to 2, and WHEREAS, this Pee Wee "A" State Championship Team worked very hard and played great hockey to secure this Championship on behalf of the Livonia Hockey Association NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia hereby congratulates Joe Hillebrand, Kevin Krogol, Patrick Lerg, Shaun McDonnell, Mike McLean, Kevin Marlowe, Bryan Marshall, Derek Martin, Bobby Pruchnik, Erik Reitz, Sean Smith, Jim Spiewak, Sean Szostak, Mike Walsh, Ryan Yost and Bob Zagata for their hard work, dedication, enthusiasm and achievement as the Pee Wee "A" State Champions 28786 On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #270-95 WHEREAS, the Kids Count in Michigan Report conducted by the Michigan League for Human Services and Michigan State University verifies that an increasing and substantial number of children in Wayne, Oakland and Macomb counties are at risk as a result of poverty and hunger, and WHEREAS, poverty adversely affects birth weight, child deaths, abuse and neglect, education and the general health of children, and those of us who do not know hunger have a responsibility to feed the hungry; and WHEREAS, the National Association of Letter Carriers (NALC) is sponsoring the third National Food Drive Day on Saturday, May 13, 1995, with the NALC Branch One in the City of Livonia participating; and WHEREAS, the cost of inaction is too high, particularly in the face of many negative outcomes for children which are preventable NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Council of the City of Livonia fully endorse and support the National Association of Letter Carriers Food Drive, and publicly advocate that the residents of Livonia, Michigan, leave non- perishable food at their mailboxes on Saturday, May 13, 1995, and that the City of Livonia proclaims Saturday, May 13, 1995, as National Association of Letter Carriers Food Drive Day During the audience communication portion of the meeting, Ray Frazier, psychic medium and owner of a metaphysical store in Plymouth, addressed the City of Livonia fortune-telling ordinance and questioned why this ordinance wasn' t overturned as was the State ordinance in 1994, and questioned who had the authority to judge fortune-tellers as to authenticity or pretense He was advised to submit a letter to the Council for their consideration Councilmember Jurcisin reported on the recent trip to the State Capitol to lobby for more funds it was by Jurcisin, seconded by McGee, and unanimously adopted, 28787 #271-95 RESOLVED, that the Council does hereby refer the matter of State revenue sharing to the Finance and Insurance Committee for tracking purposes A communication from the Director of Finance, dated April 18, 1995, re forwarding various financial statements of the City of Livonia for the month ending March 31, 1995, was received and placed on file for the information of the Council On a motion by McGee, seconded by Kavanagh, it was #272-95 RESOLVED, that having considered a letter from Timothy G Jenkins, Coordinator of the Livonia Free Fair, dated April 11, 1995, wherein a request is submitted for a fireworks display permit, pursuant to 1968 PA 358, to be held at Schoolcraft Community College on Sunday, June 11, 1995, the Council does hereby approve of the fireworks display in the matter and form herein submitted, subject to liability insurance in the amount of $1, 000, 000 00 for this event being provided #273-95 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated April 6, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Kimcraft Printers, 11705 Levan Road, Livonia, Michigan 48150, for printing of the 12 and 16 page publications of the City Newsletter for a price of $4, 988 00 (12 page publication) and $5, 031 00 (16 page publication) ; FURTHER, the Council does hereby authorize an additional appropriation in the amount of $3 , 500 00 from the Unexpended Fund Balance Account to be added to Account No 101-891-886-110 for increased costs associated with the distribution of such Newsletter to additional businesses and residents A report from the Inspection Department, dated April 4, 1995, re signage at the Garden Party Store, 27405 Grand River, Livonia, was received and placed on file for the information of the Council (CR 197-95) #274-95 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated April 7, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Douglass Safety Systems, 3649 Swinson Road, Rhodes, Michigan 48652, for supplying the Fire Department with twelve (12) self-contained breathing apparatus (SCBA) , for a total price of $19, 259 60, the same having been in fact the lowest bid received which meets all specifications 28788 #275-95 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 17, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Richmar Construction, Inc , P 0 Box 924, Novi, Michigan 48376, for completing all work in connection with the construction of a 48' x 74' pole barn at the Police Gun Range for the sum of $38,243 00, the same having been in fact the lowest bid received which meets all specifications; FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $38, 243 00 already budgeted in the Adjudicated Federal Forfeiture Account No 265-334-987-000 for this purpose; FURTHER, the Council does hereby determine to waive all permit fees in connection with this project, and the City Engineer is hereby authorized to approve minor adjustments in the work as completed; 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 #276-95 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated April 4, 1995, approved for submission by the Mayor, and which transmits Parks and Recreation Commission Resolution #2304-95, with regard to the Ford-Wolverine Soccer Tournament on July 1 through July 3, 1995 at Bicentennial Park, which resolution is conditioned as follows 1 That Jaycee Park be considered as a backup and used only in an emergency situation; 2 That MSYSA submit an itemized list of concessions, vendors, porta-johns and other equipment needed for approval by the Department of Parks and Recreation by June 25, 1995; 3 There are to be no concessions or vendors at Jaycee Park; 4 That the MSYSA provide the City of Livonia with an insurance policy naming the City of Livonia as additional insured with liability coverage of one million dollars; 5 That the MSYSA assume responsibility for any related expenses, i e , porta-johns, field permits, etc ; 6 Concessions are to be operated by parents and no outside vendors be permitted; 7 That the MSYSA contact the Wayne County Health Department advising them that food will be served at tournament; the Council does hereby concur in and approve of such action 28789 #277-95 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated April 4, 1995, approved for submission by the Mayor, and which transmits Parks and Recreation Commission Resolution #2305-95, with regard to the Livonia Family "Y" Annual Spring Cup Soccer Tournament to be conducted on June 17, 1995 at Bicentennial Park, which resolution is conditioned as follows 1 That Livonia Family "Y" submit an itemized list of concessions, vendors, porta-johns and other equipment needed for approval by the Department of Parks and Recreation; 2 That the Livonia Family "Y" assume responsibility for any related expenses, i e , porta-johns, field permits, etc ; 3 Concessions are to be operated by parents and no outside vendors be permitted; 4 That the Livonia Family "Y" contact the Wayne County Health Department advising them that food will be served at tournament; the Council does hereby concur in and approve of such action #278-95 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated April 18, 1995, approved for submission by the Mayor, and which submits one competitive bid received with respect to the proposed sale of City-owned property located at 30060 and 30062 Norfolk, Livonia, Michigan, the Council does hereby accept the bid of Ms Pam Pokornicki, 31641 Bobrich Avenue, Livonia, Michigan 48152, the legal descriptions of which are as follows Lots 182 and 183 of the Storm and Fowlers Country Crest Subdivision within the City of Livonia (Parcel Nos 005-01-0182-000 and 005-01-0183-000) for a total purchase price of $30, 150 00, which sale is conditioned upon the purchaser providing such title work as may be required for this transaction, the action herein being taken in order to best serve the interests of the community; and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia, to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution; and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction; FURTHER, the Council does hereby appropriate the proceeds from the sale of this property to be used for capital improvement purposes in the Capital Projects Fund (Fund 401) 28790 #279-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 5, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, with respect to an additional appropriation for the 1992 Sidewalk Program (Phase II) - Contract 93-S previously authorized in Council Resolution 769-93 and payments therein previously authorized to Core Concrete Construction Company, pursuant to Council Resolution 616-94, the Council does hereby appropriate and authorize the expenditure of an additional sum not to exceed $1, 358 03 from the Michigan Transportation Fund (Local Road Account) to cover additional costs related to the City' s share of the 1992 Sidewalk Program #280-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 4, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of P K Contracting Inc , 1965 Barrett, Troy, Michigan 48084, for completing all work in connection with the 1995 Lane Line Marking Program for the estimated total cost of $32,235 10, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $32,235 10 from the Michigan Transportation Fund (Major Road Account) for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #281-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 4, 1995, which bears the signature of the Finance Director and the Superintendent of Parks and Recreation, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of ABC Paving Company, 2650 Van Horn, Trenton, Michigan 48183, for completing all work required in connection with the reconstruction of seven tennis courts (four at Bicentennial Park West and three at Ford Field) for the estimated total cost of $60, 188 04, based upon the Engineering Department' s estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby authorize the expenditure of $50, 000 00 from Account No 101-707-974-000 (Capital Outlay Land Improvement) and appropriate an additional sum not to exceed $10, 188 04 from the General Fund Unexpended Fund Balance to be added to Account No 101-707-974-000 for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes 28791 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 *282-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 6, 1995, approved for submission by the Mayor, with regard to the installation of a new traffic signal on Eight Mile Road at the intersection of the City of Farmington Hills' new Founders Sport Park driveway and Glen Eden Cemetery, and which installation will be paid for by the City of Farmington Hills and Wayne County, the Council does hereby authorize the installation of such traffic signal, which installation shall not involve any costs on the part of the City of Livonia; FURTHER, the Mayor and City Clerk are hereby authorized to execute the attached Traffic Signal Agreement for and on behalf of the City of Livonia; and the City Clerk is hereby requested to send a certified copy of this resolution to the Wayne County Department of Public Services, Division of Roads #283-95 RESOLVED, that having considered a communication from Dr John V Farrar, Board Executive of the Community Commission on Drug Abuse (CCODA) , dated April 13, 1995, with respect to CCODA' s recent affiliation with Hegira Programs, Inc , and CCODA' s funding status in relationship to Community Development Block Grant changes, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation #284-95 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated April 4, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits Parks and Recreation Commission resolutions #2307-95, #2308-95, #2309-95, and #2310-95, wherein the Commission recommended that the City Council approve the following 1 Three regulation size soccer fields to be built at Tiffany Park; 2 Extend the park fence and build a picnic shelter and water slide with lighting for the evening at Clement Circle Park and Pool; 3 Build a multi-use building for storage of equipment, concession area, restrooms and new playground equipment and shelter at Bicentennial Park; and 4 Construct two shelters along with a fitness trail at Shelden Park and Pool; the Council does hereby take this means to indicate that it concurs in and endorses the grant applications for these proposed projects filed by the Department of Parks and Recreation in the manner and form set forth in the attachments 28792 #285-95 RESOLVED, that having considered a request from Councilmember Sean P Kavanagh, regarding the possibility and cost thereof of blacktopping the parking lot at Beverly Park and the Ben Celani Recreation Area at the McNamara-Bicentennial Park, the Council does hereby refer this item to the Engineering Department for its report and recommendation A roll call vote was taken on the foregoing resolutions with the following result AYES Brosnan, Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS None Feenstra gave first reading to the following Ordinances AN ORDINANCE AMENDING CHAPTER 08 (ELECTRICAL CODE) OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED AN ORDINANCE AMENDING CHAPTER 12 (ELECTRICAL LICENSING) OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED AN ORDINANCE AMENDING CHAPTER 04 (BUILDING CODES) OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED AN ORDINANCE AMENDING CHAPTER 56 (PERMITS AND INSPECTION FEES) OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinances, when adopted, are filed in the Journal of Ordinances in the office of the City Clerk and are the same as if word for word repeated herein The above Ordinances were placed on the table for consideration at the next regular meeting McGee took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE ADDING CHAPTER 18 (PLYMOUTH ROAD DEVELOPMENT AUTHORITY DEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN) TO TITLE 3 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES: Brosnan, Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS None 28793 The President declared the foregoing Ordinance duly adopted, and would become effective on publication Toy took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 33 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 95-1-1-2) A roll call vote was taken on the foregoing Ordinance with the following result AYES Brosnan, Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Kavanagh took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 240 OF TITLE 10, CHAPTER 54 (LOAD LIMITS AND TOWING REGULATIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Brosnan, Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #286-95 RESOLVED, that having considered the report and recommendation of the Chairman of the Livonia Arts Commission and the Director of Community Resources, dated April 17, 1995, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the attached Grant Award No 190095-48234 to the 28794 Livonia Arts Commission from the State of Michigan Department of Commerce, in the amount of $13 , 000 00; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the attached grant agreement in the manner and form herein submitted; FURTHER, the Council does hereby appropriate and authorize the expenditure of $13, 000 00 in matching funds from the Arts Commission Trust Fund for this purpose On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #287-95 RESOLVED, that the Council does hereby refer the subject of the Civic Center Park Plan to the Capital Improvement Committee for a report and recommendation On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #288-95 RESOLVED, that the Council does hereby refer the subject of the Master Civic Center Park Plan and the harmonious integration of additional items, including landscaping, sculptures, jogging trails, and the like, to the Department of Parks and Recreation, the Parks and Recreation Commission and the Arts Commission for a report and recommendation On a motion by Kavanagh, seconded by McGee, it was RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 13, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Scodeller Construction, Inc , P 0 Box 448, South Lyon, Michigan 48178, to complete all work required in connection with the 1995 Pavement Joint and Crack Sealing Program for the estimated total cost of $151, 950 00, based upon the Engineering Department' s estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $151, 950 00 from the Michigan Transportation Fund for this purpose as follows 1 $20, 000 00 as originally budgeted in Account No 202-463-818-117, plus an additional appropriation of $30, 000 00 from the Major Road Fund Unexpended Fund Balance to be added to Account No 202-463-818-117; and 2 $100, 000 00 as originally budgeted in Account No 203-463-818-117, plus an additional appropriation of $1, 950 00 from the Local Road Fund Unexpended Fund Balance to be added to Account No 203-463-818-117; 28795 and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES McGee and Kavanagh NAYS Brosnan, Toy, Jurcisin, Feenstra, and Taylor The President declared the resolution denied On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #289-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 13, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Scodeller Construction, Inc , P 0 Box 448, South Lyon, Michigan 48178, to complete all work required in connection with the 1995 Pavement Joint and Crack Sealing Program (Proposal A - Hot Poured) for the estimated total cost of $141, 850 00, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $141, 850 00 from the Michigan Transportation Fund for this purpose as follows 1 $20, 000 00 as originally budgeted in Account No 202-463-818-117, plus an additional appropriation of $30, 000 00 from the Major Road Fund Unexpended Fund Balance to be added to Account No 202-463-818-117; and 2 $91, 850 00 as originally budgeted in Account No 203-463-818-117; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution 28796 On a motion by Kavanagh, seconded by Brosnan, and unanimously adopted, it was #290-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 13, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Scodeller Construction, Inc , P 0 Box 448, South Lyon, Michigan 48178, to complete all work required in connection with the 1995 Pavement Joint and Crack Sealing Program (Proposal B - Over Band) for the estimated total cost of $10, 100 00, based upon the Engineering Department' s estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $10, 100 00 from the Michigan Transportation Fund for this purpose as follows, $8, 150 00 as originally budgeted in Account No 203-463-818-117, plus an additional appropriation of $1, 950 00 from the Local Road Fund Unexpended Fund Balance to be added to Account No 203-463-818-117; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution On a motion by Kavanagh, seconded by McGee, it was RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 4, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Hard Rock Concrete Inc , 20126 Riverside Drive, Livonia, Michigan 48152, to complete all work required in connection with the 1995 Sidewalk Program for the estimated total cost of $242, 512 50, based upon the Engineering Department' s estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby authorize an advance in the amount of $190, 000 00 (S A D Portion of Program) from the General Obligation Road Improvement Bond Issue with the provision that this bond issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are subsequently received from the payment of bills and assessments by affected property owners; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $52, 512 50 from the Michigan Transportation Fund ($47, 512 50 from the Local Road Account and $5, 000 00 from the 28797 Major Road Account) for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES McGee and Kavanagh NAYS Brosnan, Toy, Jurcisin, Feenstra, and Taylor The President declared the resolution denied On a motion by Jurcisin, seconded by Toy, it was #291-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 4, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, with respect to the bids received for the 1995 Sidewalk Program - Contract 95-E, the Council does hereby refer this item and the question of whether the bidders on this project are prevailing wage payers 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 Brosnan, Toy, Jurcisin, Feenstra, Kavanagh, and Taylor NAYS McGee The President declared the resolution adopted On a motion by Kavanagh, seconded by Feenstra, and unanimously adopted, it was #292-95 RESOLVED, that the Council does hereby refer the subject of possible alternatives to State computations with respect to the application of the City's prevailing wage ordinance (including any necessary ordinance amendment) to the Department of Law for its report and recommendation On a motion by Kavanagh, seconded by Feenstra, and unanimously adopted, it was 28798 #293-95 RESOLVED, that the Council does hereby refer the subject of possible alternatives to State computations with respect to the application of the City' s prevailing wage ordinance to the Engineering Department for its report and recommendation On a motion by Jurcisin, seconded by McGee, it was #294-95 RESOLVED, that having considered a letter from Valassis Communications, Inc , dated April 4, 1995, wherein it is indicated that Valassis Communications, Inc intends to transfer facilities from 36111 Schoolcraft, Livonia, Michigan to Plymouth Township, and which further indicates that Valassis Communications, Inc desires to obtain a 1974 PA 198 exemption for the Plymouth Township facility, the Council does hereby consent to the transfer as herein requested; and the City Clerk is 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 Brosnan, Jurcisin, McGee, and Taylor NAYS Toy, Feenstra, and Kavanagh The President declared the resolution adopted On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #295-95 RESOLVED, that having considered a communication from the City Planning Commission, dated March 14, 1995, which sets forth its resolution 2-28-95, adopted on February 28, 1995, with regard to Petition 94-12-1-25, submitted by the City Planning Commission, pursuant to Council Resolution 718-94 for a change of zoning of property located between Inkster Road and Goff Street, south of Seven Mile Road in the Northeast 1/4 of Section 12 from R-lA and C-1 to NP, and the Council having conducted a public hearing with regard to this matter on April 24, 1995, pursuant to Council Resolution 181-95, the Council does hereby approve Petition 94-12-1-25 for preparation of the ordinance for submission to Council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was 28799 #296-95 RESOLVED, that having considered a communication from the City Planning Commission, dated March 14, 1995, which sets forth its resolution 2-28-95, adopted on February 28, 1995, with regard to Petition 94-12-1-25, submitted by the City Planning Commission, pursuant to Council Resolution 718-94 for a change of zoning of property located between Inkster Road and Goff Street, south of Seven Mile Road in the Northeast 1/4 of Section 12 from R-lA and C-i to NP, and the Council having conducted a public hearing with regard to this matter on April 24, 1995, pursuant to Council Resolution 181-95, the Council does hereby refer the matter of the possible purchase of flood plain sections of Lots 90-Al and 90B to the Department of Law to begin negotiations in connection therewith and to thereafter submit a report and recommendation to the City Council On a motion by Toy, seconded by Brosnan, and unanimously adopted, it was #297-95 RESOLVED, that having considered a communication from the City Planning Commission, dated March 14, 1995, which sets forth its resolution 2-28-95, adopted on February 28, 1995, with regard to Petition 94-12-1-25, submitted by the City Planning Commission, pursuant to Council Resolution 718-94 for a change of zoning of property located between Inkster Road and Goff Street, south of Seven Mile Road in the Northeast 1/4 of Section 12 from R-lA and C-1 to NP, and the Council having conducted a public hearing with regard to this matter on April 24, 1995, pursuant to Council Resolution 181-95, the Council does hereby refer the matter of naming said Nature Preserve park areas to the Capital Improvement Committee for its report and recommendation On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #298-95 RESOLVED, that having considered a communication from the City Planning Commission, dated March 14, 1995, which sets forth its resolution 2-28-95, adopted on February 28, 1995, with regard to Petition 94-12-1-25, submitted by the City Planning Commission, pursuant to Council Resolution 718-94 for a change of zoning of property located between Inkster Road and Goff Street, south of Seven Mile Road in the Northeast 1/4 of Section 12 from R-lA and C-1 to NP, and the Council having conducted a public hearing with regard to this matter on April 24, 1995, pursuant to Council Resolution 181-95, the Council does hereby refer the matter of proper signage announcing the locations and the boundaries of Nature Preserve park areas to the Parks and Recreation Department for its report and recommendation On a motion by Toy, seconded by Feenstra, and unanimously adopted, it was 28800 #299-95 RESOLVED, that having considered a communication from the City Planning Commission, dated March 14, 1995, which sets forth its resolution 2-36-95, adopted on February 28, 1995, with regard to Petition 94-12-6-7, submitted by the City Planning Commission to determine whether or not to amend the C-2 district of Zoning Ordinance No 543 to make second-hand stores and rummage shops waiver uses, and the Council having conducted a public hearing with regard to this matter on April 24, 1995, pursuant to Council Resolution 181-95, the Council does hereby approve Petition 94-12-6-7 for preparation of the ordinance for submission to Council; and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Brosnan, seconded by McGee, and unanimously adopted, it was #300-95 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 Jurcisin, seconded by Kavanagh, it was #301-95 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 26, 1995, submitted pursuant to Council Resolution 156-95, and a communication from the City Planning Commission, dated December 29, 1994, which sets forth its resolution 12-197-94, adopted on December 13, 1994, with regard to Petition 94-10-1-22, submitted by Ronald M Parz for a change of zoning of property located on the southeast corner of Middlebelt Road and Terrence Avenue in the Northwest 1/4 of Section 13, and the Council having conducted a public hearing with regard to this matter on March 1, 1995, pursuant to Council Resolution 29-95, the Council does hereby approve Petition 94-10-1-22 in part so as to approve the change of zoning from C-1 to C-2 with respect to the south 165' of the subject property only and to reject the proposed change of zoning from C-1 to C-2 for the balance of the property and for preparation of the ordinance for submission to Council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result 28801 AYES Brosnan, Toy, Jurcisin, Feenstra, Kavanagh, and Taylor NAYS McGee The President declared the resolution adopted On a motion by McGee, seconded by Jurcisin, it was RESOLVED, that the Council does hereby take this means to express the City of Livonia's support of HB 4447 regarding consolidation of elections On a motion by Kavanagh, seconded by Feenstra, and unanimously adopted, it was #302-95 RESOLVED, that having considered a communication from the City Clerk, dated May 2, 1995, wherein it is requested that the City support the passage of HB 4447 to amend the Michigan Election Law to consolidate election dates, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #303-95 RESOLVED, that the Council does hereby refer the subject of the proposed State legislation concerning the clean- up of contaminated sites to the Water and Sewer Committee for its report and recommendation No one from the audience wished to speak at this time Councilmember Brosnan announced that the Livonia Community Prayer Breakfast will take place at Laurel Manor on Wednesday, May 10, 1995 Council President Taylor announced that tomorrow, May 4, 1995, is the National Day of Prayer He also announced that the Beverly Park Playground' s anniversary picnic will take place this weekend Councilmember Toy announced that Republican State Chair Susy Heintz will be receiving a Distinguished Alumni award from the University of Michigan on Sunday, May 7, 1995 Councilmember Feenstra announced that daughter Tracey' s birthday is coming up on Friday, May 5, 1995 28802 On a motion by Toy, seconded by Brosnan, and unanimously adopted, this 1, 296th Regular Meeting of the Council of the City of Livonia was adjourned at 9 55 p m , May 3, 1995 ",, 7 & ( W1 :.an McCotter, City Clerk