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HomeMy WebLinkAboutCOUNCIL MINUTES 1990-03-2625623 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND SEVENTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 26, 1990, the above meeting Was held at the Citv Hall, 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President Of the COUOCi\ at 8 00 P M C0VnCilwO0dD Toy delivered the 1DVVCdtiVO Roll was called with the following result Present- Laura Toy, Robert R Bishop, Gerald Taylor, Dale JurCisiD, Ron 0Chdl8, FerOOD P FegnstrO and Joan MCCOtter, Absent N0Dg Elected and appointed officials present Robert F Nash, City Clerk, Harry Tatigian, City Attorney, John Nagy, Planning Director, Raul Galindo, City Engineer, Karen SzymUla, Director of Legislative Affairs; Edith Davis, Personnel Director, Robert Beckley, Director Of Public Works, John F8gan' Director of the Inspection Department, David Preston, Finance Director, Suzanne Wisler, Director of Community Resources, Ray Pomerville, Labor Relations Director, Marilyn Kazmer, Director of Administrative Affairs, Robert Feinberg, C000i36i0D On Aging, Jack Eng2br8tsOD, William LaPin8 and Ray Tent of the Planning Commission On a motion by Councilman Taylor, seconded by Councilwoman Toy, and VOdDi0UUSly adopted, it was #261-90 RESOLVED, that the minutes of the 1,172nd Regular Meeting Of the Council of the City of [iYOMi8, held March 14, 1990 are hereby approved A communication from the Finance Director, dated March 13" 1990 re various financial statements of the City of Livonia for the month ending December 31, 1989 was received and placed on file for the information Of the Council A communication from the Finance Director, dated March lO, 1990 re various financial statements of the City of Livonia for the month ending January 31, 1998 was received and placed On file for the information Of the Council 25624 A COm0unfcatiOO from the Finance Di rector, dated March 2l, 1990 re Various financial statements Of the City of Livonia for the month ending February 28, 1990 was received and placed on file for the information of the Council it was On a motion by Councilman Ochala, seconded by Councilman Feenstra, #282-90 RESOLVED, that having considered a letter from James H McClain and Katherine McClain, his wife, 18226 Midd]ebe7t #104, Livonia, Michigan 48152, dated March 12, 1990, wherein a request is submitted for the vacating Of d certain 10 ft drainage easement located on Lot 43 of the Fitzgerald Gardens Subdivision in the Southwest 1/4 Of Section 5, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions Of law and City ordinance #263-90 RESOLVED, that having considered the report and recommendation of the Chief of Police dated February 28, 1990^ which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Micro Image Systems, Inc , 17337 LdhS8r Road, Detroit, Michigan 48219, for the microfilming of records throughout the Police Department for the following Unit prices Microfilming - $16 50/1,000 images Prep time - $ 7 30/hour Security roll - $ 8 90/100 feet Cartridging - $ 2 75 each the same having been the lowest bid received and meets all specifications #264-90 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated March l, 7990, approved by the Director Of Finance and approved for submission by the Mayor, the Council does hereby determine to accept the following bids for the purchase Of bitUm1OOV3 materials l The low bid Of Holloway Construction Company, 29250 Wixom Road, Wixom, Michigan 48046, to supply the Public Service Division (Road Maintenance Section) with 12WM asphaltic concrete at the unit price of $19 25 per ton through April lS, 1991, in the event the aforesaid low bidder is UOab\g to furnish the material, the Council accepts the second low bid OF Nagle Paving Company, 30630 W Twelve Mile Road, FarminVtOn Hills, Michigan 48018, as an alternate source of supply at the unit price of $24 50 per ton through April lS, 1907, 25625 2. Accept the low bid Of Nagle Paving Company, 30630 W Twelve Mile Road, Farmington Hills, Michigan 48018^ for supplying the Public Service Division (Road Maintenance Section) with 1100 asphaltic concrete at the unit price of $20 50 per ton through April 15, 199l, in the event the aforesaid low bidder is unable to furnish all material, the Council accepts the second low bid of Holloway Construction Company, 29250 Wixom Road, Wixom, Michigan 48896, as an alternate source of supply at the unit price of $lO OO per ton through April 15, 1991" Accept the low bid Of A'dX Materials Corporation, One Ajax Drive, Mad ison Hgights, Mi chi gan 48071, for supplying the Public Service Division (Road Maintenance Section) With cold patch asphaltic material at the unit price Of $30 GO per ton delivered through April 75, 1991, in the event the aforesaid low bidder is unable to furnish all material, the Council accepts the second low bid of Barrett Paving Materials~ Inc , 73501 Huron Drive, Romulus, Michigan 48174, as an alternate source of supply at the unit price of $31 50 per ton delivered through April 15, 1991, and 4 Accept the low and only bid of Barrett Paving Materials, Inc., 13501 Huron River Drive, Romulus, Michigan 48174, � for supplying the Public Service Division (Road -~— Maintenance Section) with cold patch, U P M Sylvax Brand, at the unit price of $55 50 per ton through April 15, 1991 #265-90 RESOLVED, that having considered the communication from the Water and Sewer Board dated February 28, 1990, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution N3 2876 2/90, the Council does hereby accept the bid of 3ensus Technologies, Inc , P 0 Box 487, Uniontown, Pennsylvania 15401, for supplying the Public Service Division (Water Maintenance Section) with compound water meters (with remote reading device) at the unit prices bid" the Same having been in fact the lowest bid received which meets specifications, and the bid of Mueller Company with respect to this item is rejected since the same does not meet specifications, further, the Council does hereby accept the bid of Mueller Company, 500 Eldorado, Decatur, Illinois 62525, for supplying the Public Service Division (Hater Maintenance Section) with fire line meters at the unit prices bid, the Same having been in fact the lowest bid received and meets all specifications #286-90 RESOLVED, that havinq considered the communication 25026 by the Director of Finance and approved for submission by the Mayor and which transmits its resolution WS 2875 2/90, the � Council dO8S hereby accept the bid Of Mueller Company, 500 -` W Eldorado, Decatur, Illinois 62525, for supplying the Public Service Division (Water Maintenance 58CtiOO) with detector check ValVS3 with bypass fittings, less meter, at the unit prices bid, the same having been in fact the lowest bid received which meets all specifications /and the bids of Etna and Harrison are hereby rejected since they do not meet specifications) #267-90 RESOLVED, that having considered the communication from the Water and Sewer Board dated February 28, 1990° approved for SVb0iS5ioO by the Mayor, which transmits its resolution N3 2874 2/90, the Council does hereby accept the bid of Redford Topsoil Contractors, Inc , 15553 Beech Daly, Redford, Michigan 48239, for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $6 10 per yard delivered and $5 00 per yard for pickup, the same having been in fact the lowest bid received and meets all specifications, further, in the event that the aforesaid bidder is unable to furnish the material, the Council d0gS hereby accept the S8COnd low bid Of Nankin Sand Company, 39740 Cherry Hill Road, Canton, Michigan ¢8187, at the unit bid price Of $6 50 per yard delivered and $b 00 per yard for pickup #269-90 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated March 9, 1990, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the purchase Of five /5\ 1990 Cavalier four -door sedans from Burger Chevrolet, Inc , 2525 28th Street, S E , Grand Rapids, Michigan 49508, for a total price of $41,570 00, less deletion Of air conditioning VO four /4\ vehicles Of $2,321 60, and the addition Of a delivery charge of ¢707 75, for a net price of S39,956 15, FURTHER, the p0unCil dOps hprphv rin+"'nlinp ~o authorize the said purchase without competitive bidding inasmuch 1268-10 RESOLVED, from the Water and that having considered the communication Sewer Board dated February 28, 1990, approved � by the Director �f -' F�MdDC� ��d approved for submission by the -''� Mayor, which transmits its resolution NS 2873 2/90, the Council does hereby accept the bid Of Huron Sod Farms, Inc , 30877 Pennsylvania Road, Romulus, Michigan 48174, for supplying the Public Service Division (Water Maintenance Section) with blue grass sod at the unit bid price of $.95 per yard delivered and $ 75 per yard for pickup, the Sd0e having been in fact the lowest bid received and meets all specifications, further, in the event the aforesaid low bidder is unable to furnish the material, the Council does hereby accept the s2COMd low bid Of Huggett 30d Farm, Inc , 4114 E Marlette Road, Marlette, Michigan 48453, at the unit bid price of $ 96 per yard delivered and S 75 per yard for pickup #269-90 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated March 9, 1990, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the purchase Of five /5\ 1990 Cavalier four -door sedans from Burger Chevrolet, Inc , 2525 28th Street, S E , Grand Rapids, Michigan 49508, for a total price of $41,570 00, less deletion Of air conditioning VO four /4\ vehicles Of $2,321 60, and the addition Of a delivery charge of ¢707 75, for a net price of S39,956 15, FURTHER, the p0unCil dOps hprphv rin+"'nlinp ~o authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price, as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with 0L- the provisions set forth in Section 3 04 140D5 of the Livonia Code Of Ordinances, as amended #270-90 RESOLVED, that having considered the report and recommendation Of the Director Of Public Works dated March 13, 1990, approved by the Director Of Finance and approved for submission by the Mayor, the Council does hereby accept the bid Of Michigan Chloride Sales, Inc , P 0 Box 146, St. Louis, Michigan 48880, for liquid calcium chloride to be delivered and applied to the street, to supply the Public Service Division /Road Maintenance Section) at the unit price bid shown in the attachment and for a total estimated price of $29,500 00° the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby accept the bid of Michigan Chloride Sales, Inc , P O Box 146, 3t. Louis, Michigan 48880, for liquid calcium chloride delivered to the storage tank in the DPW to supply the Public Service Division (Road Maintenance Section) at the unit price bid shown in the attachment through December 31, 1990, and for a total estimated price of $37°500 OU, the same having been in fact the second lowest bid received and meets all specifications (and the low bid of Astro Oil Company is hereby rejected for the reasons shown in the aforesaid communication). #271-90 RESOLVED, that having considered the report and recommendation Of the Director of Public Works dated March 13, 1090, approved by the Finance Director and approved for submission by the Mayor with regard to a request from Tony Angelo Cement Construction Company to place d portable concrete batch plant within the City landfill Site for the period June l, 1990 to September 15, 1990, the access to which would be via Glendale Avenue west of Merriman, and which would be subject to the following conditions Provide a Certificate Of Insurance On all contractor operations and hold the City harmless of all 0pRrdtiOD3 involving the Use Of the site, Grade and restore the site to its original condition or better directly upon completion Of activities, At the City transfer site, Tony Angelo Cement Construction Company will fill and grade an existing low area to the south end of the site with granular materials and grade to drain as directed by the Engineering Department, 4 SeCVre the Site as directed by the DPW, 25628 5 Will keep the premises dust free in accordance with the permit issued by the Wayne C0VDtv Health Department Air Pollution Control Division, 6 Will abide by all existing laws and regulations, both local and State, pertaining to erosion, siltation and pollution of Nater courses, and 7 Will abide by all local ordinances, the Council does hereby concur in and approve OF this request subject to compliance with the aforesaid conditions #272-90 RESOLVED, that having considered the report and recommendation Of the Director Of Public Works dated March 7, 1990, approved by the Director Of Finance and approved for submission by the Mayor, the Council does hereby authorize the payment of the sum of $9,125 09 to B & V Construction, Inc , 48400 West Road, P 0. Box 96070" Wixom, Michigan 48096-6070, for services rendered as an outside contractor in assisting road maintenance personnel in the City-wide effort to plow snow from all City streets on February 15-16'1990, further, the Council does hereby authorize the said purchase without competitive bidding in accordance with the provisions set forth in Section 3.04 140D5 of the Livonia Code of Ordinances, as amended #273~90 RESOLVED, that having considered a communication from the Personnel Director dated March 18, 1990, approved by the Finance Director and approved for submission by the Mayor, which transmits the resolution adopted by the Civil Service Commission On March 15, 1990, and which recommends certain salary and fringe benefit adjustments for Administrative, Professional, Exempt and Confidential classifications for the period December l, 1989 through November 30, 1992' which are as follows WAGE ADJUSTMENT 1989-90 4 5% 1990-91 3 0% 1991-92 4 O% PENSION l 2 5% pension multiplier for each year Of service - 75% maximum 2 When d member reaches age for full Social Security benefits the pension multiplier will revert to the previous plan 2 25% for first 30 years plus l% for any years in excess of thirty 3 Voluntary retirement age reduced one month for each month worked past 30 years 25629 4 Cost of increase in pension benefits will 55% by the employee and 45% by the City 5 Refund of military buy-back where applicable 6 Employee "pick-up" plan (Deferral of tax on pension contribution) LONGEVITY PAY 5 - 7 Years $ 220 7 - 14 Years $ 550 14 - 21 Years $ 11100 21 or Over $ 1,650 PAID UP LIFE INSURANCE FOR RETIREES $3,500 00 WEEKLY DISABILITY PAYMENTS $150 per week DENTAL 1989-90 $ 400 1990-91 $ 400 1991-92 $ 425 OPTICAL be shared employee's The amounts shown below apply once every two years to the provider of the employee's choice This is an alternative to once every two years for each of the employee's family members as presently provided 12/1/89 $75 12/1/90 $75 HOSPITALIZATION -MEDICAL COVERAGE 12/1/91 $75 1 BC/BS Preferred provider - fully paid by employer 2 $3 00 co -pay on prescriptions - generic drugs unless specificed "dispense as written" by doctor 3 $150/$300 deductibles on Master Medical 4 City holds right to go self-insured with choice of third party administrator providing no reduction in benefits to employees 5 $1,000/year opt -out plan 6 Elimination of dual insurance coverage The same premium treatment for employees selectins an HMO shall be extended to all employees of these groups as has been extended to other employee groups I'm the Council does hereby concur in and approve of the aforesaid action in the manner and form herein submitted #274-90 RESOLVED, that having considered a communication from the Mayor dated March 15, 1990, which bears the signature of the Finance Director and wherein the following salary and benefit changes are recommended for Administrative, Professional, Exempt, Confidential, and appointed salaried Deputy and Department Head classifications for the period December 1, 1989 through November 30, 1992 WAGE ADJUSTMENT 1989-90 4 5, 1990-91 3 01 1991-92 4 0% 5 - 7 Years PENSION 220 1 2 5% pension multiplier for each year of service - 550 14 - 21 Years 75% maximum 11100 2 When a member reaches age for full Social Security 1,650 PAID UP LIFE INSURANCE FOR benefits the pension multiplier will revert to the previous plan 2 25% for first 30 years plus 1% for 3 any years in excess of thirty Voluntary retirement age reduced one month for each month worked past 30 years $150 per week 4 Cost of increase in pension benefits will be shared DENTAL 55% by the employee and 45% by the City 1989-90 5 Refund of military buy-back where applicable 1990-91 6 Employee "pick-up" plan (Deferral of tax on employee's 1991-92 $ pension contribution) LONGEVITY PAY 5 - 7 Years $ 220 7 - 14 Years $ 550 14 - 21 Years $ 11100 21 or Over $ 1,650 PAID UP LIFE INSURANCE FOR RETIREES $3,500 00 WEEKLY DISABILITY PAYMENTS $150 per week DENTAL 1989-90 $ 400 1990-91 $ 400 1991-92 $ 425 25631 OPTICAL The amounts shown below apply once every two years to the provider of the employee's choice This is an alternative to once every two years for each of the employee's family members as presently provided 12/1/89 12/1/90 12/1/91 $75 $75 $75 HOSPITALIZATION -MEDICAL COVERAGE 1 BC/BS Preferred provider - fully paid by employer 2 $3 00 co -pay on prescriptions - generic drugs unless specificed "dispense as written" by doctor 3. $150/$300 deductibles on Master Medical 4 City holds right to go self-insured with choice of third party administrator providing no reduction in benefits to employees 5 $1,000/year opt -out plan 6 Elimination of dual insurance coverage The same premium treatment for employees selecting an HMO shall be extended to all employees of these groups as has been extended to other employee groups. the Council does hereby concur in and approve of the aforesaid action in the manner and form herein submitted A communication from the Personnel Director, dated March 19, 1990 re employee request to preserve the retirement window afforded to certain classifications, and which expired November 30, 1989, was received and placed on file for the information of the Council #275-90 RESOLVED, that having considered a communication from the Finance Director dated March 15, 1990, approved for submission by the Mayor, wherein it is recommended that specifications be prepared and thereafter sealed bids obtained in accordance with provisions of law and City ordinance with respect to providing certain building improvements at the Idyl Wyld clubhouse including heating and air conditioning, roof repair and aluminum siding on the top of the building and replacement of existing windows with new thermopane windows, 26832 the Council does hereby approve and authorize the dCtiOO herein recommended #276-90 RESOLVED, that having considered the report and recommendation Of the Director Of Finance dated March 14, 1990, approved for submission by the Mayor, and wherein a budget adjustment is recommended with respect to the fiscal year ending November 30, 1989, the Council does hereby authorize the transfers set forth in the attachment to the aforesaid CV00UOiCatiOn in the manner and form herein submitted #277-90 RESOLVED, that having considered a communication from the Director of Finance dated March 15, 1990, approved for submission by the Mayor, and which transmits the Annual Audit Report prepared by the firm of Plante & Moran of the City's financial statements for the year ending November 30, 1989, the Council does hereby refer the same to the Finance and Insurance Committee for its report and recommendation #278-90 RESOLVED, that having considered the communication from the Mayor dated March D, 1990° with regard to the widening Of Eight Mile Road from I-275 east to Newburgh Road from its current two /2\ lanes to five (5) lanes, and the need in this regard to m0V2 the stone wall in front Of the Hill House, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation #279-90 RESOLVED, that having considered the communication from the Superintendent of Parks and Recreation dated March 9, 1990, approved for submission by the Finance Director and the Mayor, and which transmits Parks and Recreation Resolution 2071-90, wherein it is recommended that the City Council endorse grant applications for the following Land and Water Conservation Fund and the Michigan Natural Resources Trust Fund Programs, as well as the Quality Of Life Bond Issue matching program Devon -Aire Woods Park Improvement $ 24"750 00 Playground Structure Bicentennial Park $271,040 00 Ball Diamond Lighting Veterans Park $ 30,470 00 Playground Structure Picnic Shelter Construction Botsford Park $ 90"775.65 Playground Equipment Backstops and Infield Material Asphalt Drive and Parking Lot Clement Circle Park Pool $129,971 14 Asphalt Parking Lot and Drive Tri -deck Floor, Lockers and 7a/ti'L/uA:, 75633 the Council does hereby take this means to indicate that it approves and endorses the aforesaid grant applications in the manner and fOnO herein submitted #280-90 RESOLVED, that having considered the communication from the Superintendent of Parks and Recreation dated March 9, 1990, approved for submission by the Finance Director and the Mayor, and which transmits Parks and Recreation Resolution 2070-90, wherein it is recommended that the City Council grant permission to the Michigan State Youth Soccer Association to hold the Wolverine Soccer Tournament on July 6-8, lggO, at the Bicentennial Park, the Council does hereby concur in and approve of such action, the approval hgr2in being made subject to compliance with the conditions Set forth in the aforesaid communication Of the Parks and Recreation Commission #281-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 7, 1990, 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 Michigan Joint Sealing, 35970 Quakertown, Farmington Hills, Michigan 48337, for the 1990 Pavement Joint and Crack Dealing Program for the estimated total cost of $84~755 85, 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 hid received for this item, FURTHER, the Council does hereby appropriate the sum of t84,755 85 from the Michigan Transportation Fund ($68,481 OO - Local Road Account and t28*274 85 - Major Road Account) for this purpose, 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 d0 all other things necessary or incidental to the full performance of this resolution #202-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 5, 1990, approved for submission by the Mayor, to which is attached O letter from the Department Executive/Transportation Planning of the Wayne County Department Of Public Services dated February 22^ 1990, which submits their agreement by which the County agrees to pay 50% of the local share Of the contracted C0DstrVCtiOD CU3t Of the Jughandle Road and the widening of Hines Drive east and west Of Newburgh Road, the total estimated County share being $31,000 00, the Council does hereby approve the said agreement and authorize the Mayor and City Clerk for and On behalf of the CftY of Livonia to pxecutp the same 3ubiert to approval and form by the City Attorney. 25634 #283-90 RESOLVED, that having considered the report and � recommendation Of the City Engineer and the Director of Public _ Works dated February 13, 1990, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize final payment in the amount of $26,558 90 to the Holloway Construction Company, 29250 Wixom Road, Wixom, Michigan 48096, which sum includes the full and complete balance due on a contract which was authorized pursuant to Council Resolution 267-8¢ in the amount Of $364,484 08, the actual contract amount completed to date being $391,042 96° in connection with the 1989 Miscellaneous Street Improvement Project, further, the Council does hereby appropriate the SV0 of $6,684 25 from the Water and Sewer Account, and an additional d0VUnt of $19,874 05 from the $7 g and/or $9 8 million General Obligation Road Improvement Bond Issue with the provisions that (l) the Bond Issue be reimbursed for that portion Of the project which is to be financed by special assessments at such time as funds are available from a future Special Assessment Bond Issue, and (2) the Bond Issue be reimbursed for the City's portion Of the project from Michigan Transportation Funds receipts #284-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated February 23, 1990, which bears the signature Of the FiOuDC8 Director and is approved for SUb0i63iOD by the Mayor, and which submits final Cost information in connection with the improvement of Floral Avenue, - 39YeO Mile to Curtis, and Clarita and Pickford (S.A D 310), the Council does hereby determine as follows To authorize decreasing the assessments as set forth in the confirmed assessment roll for S A D 316 fr0m $270,788 DD to $231,748 90, the revised assessments to be based upon an assessment rate of $41 90 p f f , rather than $48 00, 2 TO establish the final project [D3t at $375°947 94, of which $255,371 59 is to be charged to the Special Assessment District and $120,576 35 is to be assumed by the City's Motor Vehicle Highway Fund receipts, 3 TO authorize the City Assessor to increase the assessments, in the total amount Of $23,622 69, for parcels listed in Attachment III SU as to include the CU3t Of additional work requested by property owners within the dSSRs30ent district, and 4 To authorize an expenditure in the amount of $375,947 94 from the $7 Q million General Obligation Road Improvement Bond Tsm/p with thp nrnvivinn +ha+ +hp onnH rcz z//n f-�p reimbursed at such time as funds are available from 25635 the next Special Assessment Paving Bond Issue $255,371 59\ and Michigan Transportation Fund receipts /$120,576 35\ #285-90 RESOLVED, that having considered the report and recommendation Of the City Engineer dated February 21, 1990° which bears the signature Of the Finance Director and is approved for submission by the Mayor, and which submits final cost information in connection with the improvement of Harrison, south of Six Mile Road /3.A D. 319\, the Council does hereby determine as follows To authorize a reduction in the total assessment as Set forth in the confirmed assessment roll for S A D 319 from $35,688 OO to $30,877 28° the revised assessments to be based upon an assessment rate of $10 64 p f,f " rather than $12 00, 2 To establish the final project cost at $46,515 lg, of which $32,145'92 is to be charged to the Special Assessment District and $14,369 27 is to be assumed by the City's Michigan Transportation Fund receipts, 3 To authorize the City Assessor to increase the assessment, in the total amount Of $1,268 64, for parcels listed in Attachment III 3U as to include the Cost of additional work requested by property owners within the assessment district, and 4 To authorize an expenditure in the amount of $46,515 19 from the $7 Q or $9 8 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($32,145 92\ and Michigan Transportation Fund receipts($14,359 27) #286-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 12, 1990, approved for submission by the Mayor, the Council does hereby authorize and request the City Clerk to make d revised application to the Detroit Edison Company on forms provided by such Company 5n as to provide for the installation of 71 - 250 watt high pressure sodium lights on ornamental daVitt type poles with underground wiring and 29 - 250 watt high pressure sodium lights on existing and/or wood poles with overhead wiring along the west side of Inkster Road from Joy to Eight Mile Road, in the City of Livonia, at an estimated cost of $32,953 20, the action herein being taken in the interest of public safety and for the reasons set forth in the aforesaid communication, further, the Council does hereby revise and amend Council Resolution 800-86 adopted On September ll~ 1986, 25636 to the extent required to be consistent with the action taken herein #287-90 RESOLVED, that having considered the report and recommendation of the Planning Director dated March 7, 1990, approved for submission by the Mayor and submitted pursuant to Council Resolution 191-90 in connection with the status of the use of the house by Bob Evans which is situated on the south side of Plymouth Road between Laurel Avenue and Wayne Road, as well as with respect to the condition of the Sunoco Gas Station, the Council does hereby refer this item to the Mile Road Beautification Committee for its report and recommendation #288-90 RESOLVED, that having considered a communication from the City Planning Commission dated March 7, 1990, which transmits its resolution 2-302-90, adopted on February 27, 1990, with regard to Petition 89-12-3-8, submitted by the City Planning Commission pursuant to Council Resolution 1090-89 for the vacating of Bennett Avenue between Fairfield and Mayfield Avenues, north of Six Mile Road in the Southwest 1/4 of Section 10, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 89-12-3-8, subject to retaining a public utilities easement over the north 20 feet of said public right-of-way and subject to retaining a public utilities easement over the west 20 feet of the east 185 feet of said public right-of-way, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #289-90 RESOLVED, that having considered a communication from the City Planning Commission dated March 7, 1990, which transmits its resolution 2-303-90, adopted on February 27, 1990, with regard to Petition 89-12-3-9, submitted by Brian P Henry requesting the vacating of a 12' wide public utilities easement across Lots 4, 5 and 6 of Livonia Executive Park No 1 Subdivision located on the north side of Industrial Road and west of Merriman Road in the Northeast 1/4 of Section 27, the Council does hereby concur in the recommendation of the Planning Commission and does grant and approve the said Petition 89-12-3- 9, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #290-90 RESOLVED, that having considered a communication from the City Planning Commission dated March 8, 1990, which sets forth its resolution 2-309-90 adopted on February 27, 1990, with regard to a request for a one-year extension of Revised Site Plans submitted in connection with Petition 86-6-8-33 by Chestnut Hills for the construction of a multi -use complex on the east side of Haggerty Road between Seven and Eight Mile Roads in Section 6, the Council does hereby concur in the 25637 recommendation of the Planning Commission and grant the additional one-year extension subject to compliance with all of the conditions set forth in the action taken by the Planning Commission in its resolution 2-44-89 adopted on February 28, 1989 #291-90 RESOLVED, that having considered a communication from the City Planning Commission dated March 8, 1990, which transmits its resolution 2-307-90, adopted on February 27, 1990, with regard to Petition 90-2-8-2 submitted by Angelo D'Orazio, requesting site plan approval in connection with a proposal to construct a 42 unit condominium housing project located on the west side of Victor Parkway just south of Eight Mile Road in Section 6, pursuant to the provisions set forth in Section 8 O2(b) of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 90-2-8-2 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission #292-90 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 Wednesday, May 2, 1990 at 7 30 P M at the City Hall, 33000 Civic Center Drive, Livonia, Michigan with respect to the following items Petition 90-1-1-2, submitted by International Real Estate for Alan Mendelssohn, M D , for a change of zoning of property located on the north side of Plymouth Road, west of Newburgh Road in the Southeast 1/4 of Section 30, from RUF to R-7, the City Planning Commission in its resolution 3-311-90 having recommended to the City Council that Petition 90-1-1-2 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 registered 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 25638 #293-90 WHEREAS, pursuant to the direction of the City Council in its resolution 246-90, adopted on March 14, 1990, and in accordance with Section 3 08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of March 19, 1990 an assessment roll dated March 19, 1990 for the proposed street improvement consisting of a 28 ft wide full -depth asphalt pavement with mountable asphalt curbs (Alternate III) on Orangelawn, Farmington to Stark, in the Northeast 1/4 of Section 33, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 246-90, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 110 of the Livonia Code of Ordinances, as amended, to wit that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, May 2, 1990 at 7 30 p m to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of May 2, 1990, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office A roll call vote was taken on the foregoing resolutions with the following result AYES Toy, Bishop, Taylor, Jurcisin, Ochala, Feenstra and McCotter NAYS None 25639 On d motion by Councilman Bishop, seconded by Councilwoman Toy, � z was RESOLVED, that having considered the report and recommendation Of the Legislative Committee dated March 13° 1998, and submitted pursuant to CDUDCfl Resolution 1146-87 in CoDOgctiOO with d letter from D8dD R ller, 15950 Norwich" and George A 8iseX, 36039 Six Mile Road, dated September ll, 1987° wherein it is suggested that permanent video records be kept of all future regular and study session meetings of the City Council, the Council does hereby determine to take no further action A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Bishop and Taylor The President declared the resolution denied On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, #294-90 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated March 13, 1990, and submitted pursuant to Council Resolution 1146-87 in connection with a letter from Dean R l7er, 75950 Norwich, and George A Bi se 1, 36039 3iX Mil2 ROad, dated September ll, 1987, wherein it is suggested that permanent video records be kept of all future regular and Study session meetings of the City Council, the Council does hereby request that the Cable Television Commission submit its report and recommendation regarding funding this project on the basis of archiving for d 10-y8dr period in the Civic Center Library A roll call vote was taken on the foregoing resolution with the following result NAYS Bishop The President declared the resolution adopted OO d motion by Councilman FeeMStra, seconded by Councilman JVrCisin, �—nd unanimously adopted, it was 25640 1295-91 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated March 13, � 1990, and submitted pursuant to Council Resolution 517-85 in ~�~ connection with d communication from the Department of Law dated May 30, 1985' approved by the Planning Director and approved for submission by the Mayor, and which transmits a proposed ordinance amendment which would establish the Department of Planning and Ordinance Enforcement, the Council does hereby determine to take no further action On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #296-90 RESOLVED, that having considered the report and recommendation Of the Legislative Committee dated March 13, 1990, in connection with a communication from the Department of Law dated May 12, 1986, which transmits a proposed Code Enforcement Ordinance, as revised, the Council does hereby determine to take no further actfOn' On a motion by Councilman Feenstra, seconded by Councilman Bishop, Lnd unanimously adopted, it was #297-90 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated March 13, 1¢90, and submitted pursuant to Council Resolution 1088-88 regarding d proposed review Of the voting procedures Of the City Council as governed by the Charter, Ordinance and Roberts Rules of Order, the Council does hereby request that the Department of Law prepare an ordinance amendment to Section 2 04 120 which provides that a member of the Council who during a regular meeting removes himself or herself from the dfas and/or a YOt8 because Of a conflict of interest Shall be required to detail the nature Of the interest On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was #298-90 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated March 13, 1990, and submitted pursuant to Council Resolution 320-87 in connection with the question of whether or not Section 5 84 070 of the Livonia Code of Ordinances should be amended SO as to increase the three license maximum presently provided with respect to taxicab services within +hp [i+v nf Livonia, the Council � does hereby determine to take no further action 25641 On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was #299-90 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated March 13, 1900, and submitted pursuant to Council Resolution 586-87 in connection with a letter from Louis P8ppV, 16723 Comstock, Livonia, Michigan 48154, dated June 8, 1987, wherein it is requested that the Council consider lowering the license fees prescribed for the operation of video games (Section 5.03.170.26 of the Livonia Code Of Ordinances, the Council does hereby determine to take no further actiOn' On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #300-90 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated March 13, 1998, and submitted pursuant to Council Resolution 64-88 in connection with d proposal to amend the Zoning Ordinance so as to restrict the number of 4' X 8' political Signs that may be erected by candidates for primary and regular elections" the Council does hereby determine to take no further action Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE ADDING CHAPTER 76 (SECOND HAND MERCHANDISE DEALERS) TO TITLE 5 OF THE LlVONlA [ODE OF ORDINANCES, AS AMENDED A roll Call vote was taken UD the foregoing Ordinance with the following result AYES Toy, Bishop, Taylor, Jurci5in, OChald, Fe8Ostra and McC0tt2r NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Councilman JUrCis1O, S8C0nd2d by Councilman Bishop, DD nd unanimously adopted, it was 25642 #301-90 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated March 15, 1990, and submitted pursuant to Council Resolution 1114-89 with regard to the final report from Roger Snyder, Architects, Inc , which contains a feasibility study for the proposed 16th District Court expansion/renovation, and having also considered a letter from the Mayor dated March 14, 1990, which bears the signature of the Finance Director in connection with same, the Council does hereby determine as follows 1 Concept as Wade Trim developed is approved, 2 Bond Issue for Silver Village II to include 16th District Court Rehabilitation financing up to $10 million, including SAD's, Administration to set up Municipal Building Authority, 3 R F P to be developed by Director of Public Works, Architects/Construction Manager, solicited for response and evaluation by May 15, 1990, with deductive alternates to include/exclude mechanical, architectural drawings, total cost estimates, and construction manager responsibility, the Committee asks for the review of all proposals, short listed to no more than five with their strengths and weakness, and 4 Capital Improvement Committee will review five finalists with 15 minute presentations and decide course of action by June 15, 1990 On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was #302-90 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated March 15, 1990, with regard to the elements to be included in the R F P for the Fox Creek Restaurant operation, the Council does hereby authorize the City Administration to readvertise for the leasing of the said restaurant operation in the manner and form recommended by the Capital Improvement Committee, further, the administration will provide a short list of three proposals which are to be thereafter submitted to the City Council for its evaluation On a motion by Councilman Jurcisin, seconded by Councilman Taylor, nd unanimously adopted, it was 25643 it was #303-90 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated March 15, 1990, with regard to a report received from Kamp - DiComo Associates dated March 12, 1990, with regard to the construction of the Fox Creek Club House, the Council does hereby approve revisions to items previously authorized in Council Resolution 1113-89 as follows 9B Tile & Marble from Construction Service $10,896 00 to Blanchard Tile 11,100 00 9C Acoustical Systems from Construction Service $ 936 00 to Jasmen Construction 1,124 00 9F Painting & Finishing from Construction Service $ 6,620 00 to Advance Painting 9,130 00 2nd Choice -Curtis Paint 10,374 00 the Council does further approve the following changes 1 $1,880 00 for Heights Heating & Cooling (To revise Mens' Restroom #107 as requested ) 2 $1,600 00 for the Painting Contractor to achieve a "Sand Finish" or "Swirl -Finish" ceiling in both the "Retail Sales," #102 and "Dining Area," #105 On a motion by Councilman Jurcisin, seconded by Councilman Bishop, #304-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated March 21, 1990, and submitted pursuant to Council Resolution 462-89 in connection with a communication from the City Planning Commission dated February 16, 1989, which sets forth its resolution 2-30-89, adopted on February 14, 1989, with regard to Petition 88-10-1-33, submitted by Kenneth Neumann for Duke Associates, requesting a change of zoning on property located on the east side of Haggerty Road north of Six Mile Road in the Southwest 1/4 of Section 7 from R -5C and P L to P O and from P L to P O III, and the Council having conducted a public hearing with regard to this matter on April 19, 1989, pursuant to Council Resolution 217-89, the Council does hereby refer this item back to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foreaoina resolution with the following result 25644 AYES Bishop, Taylor, Jurcisin and Feenstra NAYS Toy, Ochala and McCotter the President declared the resolution adopted On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #305-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated March 21, 1990, and submitted pursuant to Council Resolution 1130-89 in connection with a communication from the City Planning Commission dated September 28, 1989, with regard to Petition 89-1-1-2, as amended, submitted by Frank Jonna for Pentagon Properties, for a change of zoning on property located on the east side of Haggerty Road between Seven and Eight Mile Roads in the Southwest 1/4 of Section 6, from M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on November 27, 1989, pursuant to Council Resolution 969-89, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 89-1-1-2 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission, as well as for the additional reason that the petitioner by letter dated February 22, 1990, requested that this petition be withdrawn On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #306-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated March 21, 1990, and submitted pursuant to Council Resolution 1071-89 in connection with a communication from the City Planning Commission dated November 3, 1989, which transmits its resolution 10-233-89, adopted on October 31, 1989, with regard to Petition 89-10-8-32, submitted by Michigan Bell, requesting site plan approval in connection with a proposal to construct a public utility equipment building on the north side of Five Mile between Farmington and Shadyside in the Southwest 1/4 of Section 15, pursuant to the provisions set forth in Section 18 47 of Ordinance 543, as amended, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 89-10-8-32 is hereby denied for the following reasons 1 The proposed use in its planned location will detract from the overall appearance of the site, the Civic Center and the objectives sought to be accomplished by the special area vicinity control ordinance 25645 2 The proposed Site development is such that the proposed L use would be in too close proximity to the neighboring ` residential area and, therefore, be a nuisance to the area by reason Of height of structure, noise and overall aesthetic appearance. it was 3 The proposed site development will unduly Conflict with the planned site development of the office area and the traffic pattern On the adjoining residential street, 4 The petitioner's request for withdrawal dated January 26, 1990 On a motion by Councilman Ochala, seconded by Councilman Taylor, #307-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated March 21^ 1990, and submitted pursuant to Council Resolution 7109-89 in connection with a communication from the City Assessor, dated November 17, 1989, approved for submission by the Mayor, with regard to a request from Ms Rosemary Previ7le, 19145 Rensell0r, Livonia, Michigan 48152, and in accordance with the provisions Of 1967 PA 288, as amended, as Well as Section 18.46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing Tax Item NO 46 004 01 0361 000 into two /2\ parcels since the same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Taylor, ]urCi8iO, OCha(d and MCC0tter NAYS Toy and Feenstra The President declared the resolution adopted Councilman Taylor gave first reading to the following Ordinance AM ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE [II OF ORDINANCE NO 543° AS AMENDED* KNOWN AND CITED AS "THE CITY OF L[VONIA ZONING ORDINANCE" BY ADDING SECTION THERETO (Petition 89-11-1-35> 25646 he foregoing Ordinance, when adopted, is filed in the Journal of Ordinances n the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilwoman Toy gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 050, 060A, 070 AND 090 OF, AND ADDING SECTIONS 065 AND 110 TO, TITLE 9, CHAPTER 30 (NARCOTICS AND DANGEROUS SUBSTANCES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #308-90 RESOLVED, that having considered the communication from the Department of Law dated March 15, 1990, approved by the Chief of Police and approved for submission by the Mayor, and which submits a proposed amendment to the Narcotics and Dangerous Substances Ordinance, and which ordinance amendment received its first reading on March 26, 1990 by Councilwoman Toy, the Council does hereby refer this item to the Legislative Committee for its report and recommendation On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #309-90 RESOLVED, that having considered a letter from the Director of Smetanka Enterprises dated February 27, 1990, wherein a request is submitted for permission to install signs advertising the Spring Craft Show to be conducted on April 28-29, 1990, at the Eddie Edgar Arena, the Council does hereby grant permission fnr nnP 4' x 4' plywood sign +n hA I nra+or+ a+ +ho cn„+hwnc+ corner of Farmington and Lyndon, which sign will be placed up 25647 on Saturday and thereafter removed on Sunday evening, and the balance of the request herein submitted is hereby denied On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was it was #310-90 RESOLVED, that having considered the communication from the Personnel Director dated February 22, 1990, approved by the Director of Finance and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on March 15, 1990, wherein the Commission did recommend wage adjustments to take effect on April 1, 1990, and on April 1, 1991, with respect to various seasonal and temporary classifications, the Council does hereby concur in and approve of such action in the manner and form herein submitted On a motion by Councilman Feenstra, seconded by Councilman Ochala, #311-90 RESOLVED, that the Council does hereby request that the Civil Service Commission submit a report and recommendation on whether or not the wage rate established with respect to the seasonal labor classification should be increased so as to be the same as that established for the classification of seasonal clerk A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Taylor, Jurcisin, Ochala and Feenstra NAYS Bishop and McCotter The President declared the resolution adopted On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, it was 1312-90 RESOLVED, that having considered the report and recommendation of the Chairperson of the Historical Commission and the Director of Community Resources dated March 14, 1990, approved by the Director of Finance and approved for submission by the Mayor, and which transmits certain recommendations with regard to the Greenmead Complex, the Council does hereby appropriate and authorize the expenditure of the sum of $5,000 00 from funds received in connection with the sale of certain property to the U S Post Office, the purpose of which is to 25648 complete the work required on certain miscellaneous items at the Shaw House (restoration of the kitchen and rear porch) On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #313-90 RESOLVED, that having considered the report and recommendation of the Chairperson of the Historical Commission and the Director of Community Resources dated March 14, 1990, approved by the Director of Finance and approved for submission by the Mayor, and which transmits certain recommendations with regard to the Greenmead Complex, the Council does hereby authorize the taking of competitive bids in compliance with provisions of law and City ordinance for the work required with regard to the foundation construction, placement of house on foundation, electrical/mechanical/heating rehabilitation work on the bungalow and the solicitation of proposals for The Blue House roof replacement, further, the Council does hereby authorize the solicitation of professional proposals for an architectural survey of the farm complex On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was #314-90 RESOLVED, that having considered the report and recommendation of the Chairperson of the Historical Commission and the Director of Community Resources dated March 14, 1990, approved by the Director of Finance and approved for submission by the Mayor, and which transmits certain recommendations with regard to the Greenmead Complex, 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 Toy, Bishop, Taylor, Jurcisin and McCotter NAYS Ochala and Feenstra The President declared the resolution adopted it was On a motion by Councilman Ochala, seconded by Councilman Jurcisin, #315-90 RESOLVED that having considered the communication from the Superintendent of Parks and Recreation dated March 25649 9, 1990, approved for submission by the Finance Director and Mayor, and which transmits the resolution adopted by the Parks and Recreation Commission on March 2, 1990, wherein it is recommended that nine hole resident rate greens fees be increased in the amount of $0 25 as follows Current Proposed Monday thru Friday $6 75 $7 00 Sat , Sun & Holiday $7 75 $8 00 the Council does hereby concur in and approve of such action A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Taylor, Jurcisin, Ochala and McCotter NAYS Bishop and Feenstra The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was 1316-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 8, 1990, 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 Core Concrete Construction, 31553 Gable, Livonia, Michigan 48152, for the 1990 Sidewalk Program for the estimated total cost of $98,334 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 (1) authorize an advance in the amount of $70,334 00 from the $12 million General Obligation Road Improvement Bond Issue with the provision that this Bond Issue be reimbursed at such time as funds are subsequently received from the payment of bills and assessments by affected property owners and (2) authorize an appropriation in the amount of $28,000 00 from The Michigan Transportation Fund, Local Road Account, to pay for the City's portion of the contract, 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 On a motion by Councilman Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was #317-90 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works dated February 20, 1990, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits final cost information with regard to the improvement of the Golden Ridge Subdivision (S A D 312), the Council does hereby determine as follows 1 To authorize a reduction in the total assessment as set forth in the confirmed assessment roll for S A D 312, from $187,669 20 to $176,409 06, with the revised assessments to be based upon an assessment rate of $11 28 p f f , rather than $12 00, 2 To establish the final project cost at $249,421 33, of which $199,005 42 is to be charged to the special assessment district, $6,684 25 to the Water and Sewer Department as per Water and Sewer Board Resolution 2854, and $43,731 66 is to be assumed by the City's Transportation fund receipts, 3 To authorize the City Assessor to increase the assessments, in the total amount of $22,596 36, for parcels listed in Attachment III so as to include the cost of additional work requested by property owners within the assessment district, and 4 To authorize an expenditure in the amount of $249,421 33 from the $7 9 or $9 8 million General Obligation Road Improvement Bond Issues with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($199,005 42), from Michigan Transportation Fund (M T F ) receipts ($43,731 66), and $6,684 25 from the Water and Sewer Department as per Water and Sewer Board Resolution 2854 On a motion by Councilman Feenstra, seconded by Councilwoman Toy, it was RESOLVED, that the Council does hereby request that the Department of Law prepare an amendment to Section 3 08 260 of the Livonia Code of Ordinances so as to reduce the 5% increment factor prescribed therein to a 1 3% increment On a motion by Councilman Taylor, seconded by Councilman Bishop, 25650 25651 RESOLVED, that the Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation the question of whether or not the 5% increment factor set forth in Section 3 08 260 of the Livonia Code of Ordinances with regard to the disposition of excess funds in connection with special assessment projects should be revised A roll call vote was taken on the motion to substitute with the following result AYES Bishop, Taylor, Jurcisin, Ochala and McCotter NAYS Toy and Feenstra The President declared the resolution to substitute adopted On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was it was 11318-90 RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation the question of whether or not the 5% increment factor set forth in Section 3 08 260 of the Livonia Code of Ordinances with regard to the disposition of excess funds in connection with special assessment projects should be revised On a motion by Councilman Jurcisin, seconded by Councilman Bishop, #319-90 RESOLVED, that having considered a communication from the Mayor dated March 8, 1990, to which is attached the report and recommendation of the Planning Director dated March 6, 1990, approved for submission by the Mayor, and submitted pursuant to Council Resolution 104-90 with regard to the proposed rezoning of certain property located south of Five Mile and east of Merriman, being Tax Item No 090 99 0001 001 and wherein it is recommended that the 5 34 acre site being rezoned from M-1 to M -L, and which contains recommendations with respect to adjacent residentially zoned property, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation 25652 roll call vote was taken on the foregoing resolution with the following result AYES Toy, Bishop, Jurcisin, Ochala, Feenstra and McCotter NAYS Taylor The President declared the resolution adopted On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #320-90 RESOLVED, that having considered a communication from the Mayor dated March 8, 1990, to which is attached the report and recommendation of the Planning Director dated March 6, 1990, approved for submission by the Mayor, and submitted pursuant to Council Resolution 104-90 with regard to the proposed rezoning of certain property located south of Five Mile and east of Merriman, being Tax Item No 090-99-0001-001 and wherein it is recommended that the 5 34 acre site being rezoned from M-1 to M -L, and which contains recommendations with respect to adjacent residentially zoned property, the Council does hereby refer this item to the City Planning Commission for the purpose of conducting a public hearing and thereafter submitting a report and recommendation on the recommended zoning changes in accordance with Section 23 01(a) of Ordinance 543, as amended On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #321-90 RESOLVED, that having considered a communication from the Department of Law, dated March 2, 1990, approved by the Mayor, the Council does hereby accept the offer of Riverside Arena, Inc , 36675 Plymouth Road, Livonia, to purchase certain City -owned property at 36615 Plymouth Road, as described as Lot 10, Shaffmaster's Plymouth Riverside Estates, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, according to the plat thereof as recorded in Liber 66, Page 69 of Plats, W C R for the sum of $15,000 cash ($34,000 less $19,000 for r -o -w), and Riverside Arena, Inc will convey to the City of Livonia by quit claim deed certain Plymouth Road right-of-way described as 25653 The N. 60' of that part of the N W 1/4 of Section 32, described as beginning at a point on the N line of said section distant N 89°55'40" W 835 0 ft from the N 1/4 corner of Section 32, and proceeding thence S 0°00'20" W 183 0 ft , thence N 89°55'40" W 245 11 ft , thence N 1055' E 183 10 ft. to the N line of Section 32, thence S 89055'40" E along said line 239 0 ft to the point of beginning and to improve said property and the property presently owned by Riverside Arena, Inc., as proposed in a plan dated July 10, 1989, as follows 1 Construction of a six foot sidewalk by Riverside within the newly acquired right-of-way, 2 Elimination of the existing driveway and parking in front of Riverside with a landscape area to replace them, 3 Landscaping of the right-of-way area between the new sidewalk and pavement edge, 4 Elimination of the existing marquee sign on the Riverside building being replaced by an awning sign, and 5 Illuminating and landscaping of the existing City -owned land and conversion of the balance to paved parking to effect 174 parking spaces of which 6 are barrier free, and the conveyance herein submitted is made subject to compliance by the grantee with the following additional conditions 1 Approval of the site and landscape plan for both parcels by the City Planning Commission and Council, and 2 That all work on both sites under the requirements of the approved plans must be completed within one (1) year from the date of this resolution and the Mayor and City Clerk are hereby requested to execute a quit claim deed, subject to approval as to form by the Department of Law, as well as to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, ind unanimously adopted, it was it was #322-90 RESOLVED, that having considered the report and recommendation of the Department of Law dated March 14, 1990, submitted pursuant to Council Resolution 1145-89 in connection with a letter from Darko Martinovski, 11884 Arcola, Livonia, Michigan 48150, dated November 10, 1989, wherein an interest is indicated in the purchase of certain City -owned property located at 11683 Cardwell, the Council does hereby determine to take no further action On a motion by Councilman Taylor, seconded by Councilman Feenstra, #323-90 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated January 12, 1990, pursuant to Council Resolution 1062-89 adopted on November 20, 1989, and in accordance with the provisions of Section 3 08 060 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, containing a report with regard to the installation of an additional street light with underground wiring in Quakertown Subdivision No. 1, located in the Northwest 1/4 of Section 18, City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on March 12, 1990, pursuant to Council Resolution 79-90, after due notice as required by Title 3, Chapter 8 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the special assessment proceeding heretofore commenced for the proposed improvement 25654 A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Taylor, Jurcisin, Ochala, Feenstra and McCotter NAYS Bishop The President declared the resolution adopted On a motion by Coucnilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, it was #324-90 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated January 8, 1990 on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 12, 1990, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having oeen given Lo aii sucn maLLers, cne Uuuncii uue� ner'euy, Nur�)UarrL to Section 3 08 080 of said Code 25655 accept and approve said statement in all respects; (2) determine to make the street improvement consisting of the placement of approximately 4" of asphalt over existing roadway (Alternate IV) with additional drainage on Louise, North of Six Mile Road, in the Southeast 1/4 of Section 11, T 1S , R.9E., City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated January 8, 1990, (4) determine that the estimated cost of such improvement is $48,688 82, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving costs ($5,060 82) and 100% of drainage costs ($14,950.00) and that the balance of said cost and expense of said public improvement amounting to 85% of paving ($28,688 00) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that the assessment made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows, A special assessment district in the S.E 1/4 of Section 11, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as containing the property listed on the Special Assessment Plan and the Special Assessment Map (9) that the City Assessor is hereby directed to prepare a special assessment roll inrliiding all lots and nirrols of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and, (10) that upon completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council, prior to the holding of the second public hearing thereon as required by Section 3 08 110 of the said Code On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was it was #325-90 RESOLVED, that having considered the matter of providing street lighting with respect to the Regency Circle Subdivision Nos 1 and 2, located in the Southwest 1/4 of Section 31, the Council does hereby authorize and request the City Clerk to make application to The Detroit Edison Company, on forms provided by such company, for the installation of two (2) street lights of suitable lumen strength to be installed at the intersections of Knolson and Joy Road and Norman and Joy Road on davitt ornamental poles with underground wiring in the City of Livonia, Michigan, it being the determination of the Council that such lighting is required in order to further protect the public safety of the residents of the community On a motion by Councilwoman Toy, seconded by Councilman Bishop, 1326-90 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated January 10, 1990, and in accordance with the provisions of Section 3 08 060 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, containing a report with regard to the installation of a street lighting system in Regency Circle Subdivision Nos 1 and 2, City of Livonia, Wayne County, Michigan, and a public hearing havino been held thereon on March 19 1990. pursuant to Council Resolution 80-90, after due notice as required by Title 3, Chapter 8 of said Code, as amended, and after a careful consideration 25656 25657 having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the special assessment proceeding heretofore commenced for the proposed improvement A roll call vote was taken on the foregoing resolution with the following result AYES. Toy, Bishop, Taylor and McCotter NAYS Jurcisin, Ochala and Feenstra The President declared the resolution adopted it was On a motion by Councilman Ochala, seconded by Councilman Jurcisin, RESOLVED, that the Council does hereby refer to the Streets, Roads and Plats Committee for its report and recommendation the question of whether street lights should be installed in the Regency Circle Subdivision Nos 1 and 2 A roll call vote was taken on the foregoing resolution with the following result AYES. Jurcisin, Ochala and Feenstra NAYS: Toy, Bishop, Taylor and McCotter The President declared the resolution denied. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #327-90 RESOLVED, that having considered the communication from the Director of Community Resources and the Chairman of the Historical Commission dated March 11, 1990, 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 donation of $40,000 00 cash, the same to be deposited in and shown as an increase in Trust Fund Account 723-000-690-010 for use at the Greenmead Historical Park On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was 25658 #328-90 RESOLVED, that having considered a comiTunication dated March 14, 1990, from the Department of Law transmitting for Council acceptance a Grant of Easement more particularly described as Grant of Easement dated December 25, 1989, executed by Robert E German and Kay A German (his wife), for The West 12 feet of the following described parcel The North 327 50 feet of Lots 43 and 44, except the North 30 feet thereof, of Bell Creek Estates Subdivision, in the Northwest 1/4 of Section 14, T.1S., R9E , City of Livonia, Wayne County, Michigan (Bureau of Taxation Parcel 054010043002) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, and unanimously adopted, it was #329-90 WHEREAS, THE CHARTER COUNTY OF WAYNE and THE CITY OF LIVONIA, together with other local units of government have previously entered into a Contract entitled Wayne County -Oakland County Construction, Finance and Service Agreement, together with two prior amendments (hereafter the Contract) thereto for the financing, construction and operation of a wastewater control system, commonly known as the North Huron Valley -Rouge Valley Sewage Disposal System and certain related local improvements in the systems of the various local units of government comprising the system, and WHEREAS, the Contract and the Amendments contemplated the need for continued Amendments to the Agreement in order to provide for various details with respect to the construction and financing of the segments of the project, when the details with respect to the various segments were developed, and WHEREAS, the County and local units of government have now further developed these details and the County has received and will shortly accept further Federal grant offers for the payment of eligible portions of the cost of the project facilities, and it is now necessary for the parties to enter into thic Thirri 8monr1mnnt to tho iinriArlininri �7roomont in nrHor to provide the necessary details to undertake the financing, 25659 construction and operation of that phase of the project commonly known as Segment Three NOW, THEREFORE BE IT RESOLVED THAT THE CITY OF LIVONIA, having heretofor entered into the Wayne County -Oakland County Construction, Finance and Service Agreement with respect to the project known as the North Huron Valley -Rouge Valley Sewage Disposal System hereby authorizes its Mayor and City Clerk to execute the Third Amendment to the Contract and also to execute such other documents and undertake such other actions as deemed necessary or desirable to implement the Contract and this Third Amendment to the Contract On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #330-90 WHEREAS, the City Council of the City of Livonia intends to authorize the issuance of special assessment bonds for the purpose of defraying part of various special assessment districts share of the cost in connection with certain public improvements in the City, AND WHEREAS, notice of intent to issue bonds must be published at least forty-five (45) days before the issuance of the same in order to comply with the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended, NOW, THEREFORE, BE IT RESOLVED THAT 1 The City Clerk is hereby authorized and directed to publish a notice of intent to issue bonds in the Livonia Observer, a newspaper of general circulation in the City, as a display advertisement at least one-quarter page in size 2 Said notice of intent so published shall be in substantially the following form OFFICIAL NOTICE TO ELECTORS AND TAXPAYERS OF THE CITY OF LIVONIA OF INTENT TO ISSUE BONDS SECURED BY THE TAXING POWER CF THE CITY AND RIGHT OF REFERENDUM THEREON PLEASE TAKE NOTICE that the City Council of the City of Livonia, County of Wayne, Michigan, intends to issue special assessment bonds of the City, in total principal amount of not to exceed $2,000,000, for the purpose of defraving part ,DZ carious special assessment districts share os the cost of street ana related improvements in the City Said bonds shall mature serially in not to exceed twenty (20) annual installments with interest payable on the unpaid balance at a rate of not to exceed 10% per annum or such higher rate as may be permitted by law SOURCE OF PAYMENT OF BONDS THE PRINCIPAL AND INTEREST OF THE SPECIAL ASSESSMENT BONDS shall be payable primarily from collections of an equal amount of special assessments and the bonds shall also pledge the limited tax full faith and credit of the City of Livonia IN CASE OF THE INSUFFICIENCY OF THE SPECIAL ASSESSMENTS, THE PRINCIPAL AND INTEREST ON SAID BONDS SHALL BE PAYABLE FROM THE GENERAL FUNDS OF THE CITY LAWFULLY AVAILABLE FOR SUCH PURPOSE RIGHT OF REFERENDUM THE BONDS will be issued without vote of the electors unless a PETITION requesting an election on the question of issuing the bonds, signed by not less than 10% OF THE REGISTERED ELECTORS in the City is filed with the City by depositing the same with the City Clerk WITHIN FORTY-FIVE (45) DAYS after publication of this notice If such a petition is filed, the bonds cannot be issued without an approving vote by a majority of electors voting on the question THIS NOTICE is given pursuant to the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended Further information concerning the matters set out in this notice may be secured from the City Clerk s office Robert F Nash City Clerk 3. The City Council does hereby determine that the foregoing form of notice of intent to issue bonds and the manner of publication directed is adequate notice to the electors and taxpayers of the City and is well calculated to inform them of the intention of the City to issue the bonds, the purpose of the bond issue, the security for the bonds and the right of referendum of the electors with respect thereto under all of the circumstances, and that the provision of forty-five (45) days within which to file a referendum petition is necessary and adequate to insure that the City's electors may exercise their right of referendum with respect to the bonds 4 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded =-1-4 LOn a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #331-90 WHEREAS, there exists in and for the City of Livonia (the "City"), an imperative need to acquire and construct a new Senior Citizens Housing Facility, together with all site improvements, equipment, furnishings and appurtenances and attachments therefor ("Housing Improvements"), and WHEREAS, there exists in and for the City an imperative need to acquire, construct, furnish and equip an addition to the City's existing Court Facilities, together with all appurtenances and attachments therefore ("Court Improvements"), and WHEREAS, this City Council has determined, and does hereby reaffirm that it is necessary for the public health, safety and welfare of the City to acquire the Housing Improvements and Court Improvements for the use of the City, and WHEREAS, Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended, provides through the procedures of building authority financing a means for the acquisition, construction and financing of the Housing Improvements and Court Improvements, and WHEREAS, the City, in accordance with the provisions of said Act 31, as amended, has previously adopted Articles of Incorporation and has established the Municipal Building Authority of Livonia (the "Authority"), with full powers to acquire, construct and equip the Housing Improvements and Court Improvements, and WHEREAS, this City Council determines it to be in the best interest of the City to aquire, construct and finance the Housing Improvements and Court Improvements through the Authority in accordance with the provisions of said Act 31, as amended, and WHEREAS, Contracts between the City and the Authority providing for the acquisition, construction, equipping and financing of the Housing Improvements and Court Improvements and such matters as are deemed necessary thereto are in the process of being prepared, and WHEREAS, this City Council is desirous of publishing a Notice of Intention of Entering into Contract of Lease so as to begin the statutory referendum period NOW, THEREFORE, BE IT RESOLVED THAT 25662 1 The City Council hereby determines it to be necessary for the public health, safety and welfare of the City to acquire and construct the Housing Improvements and Court Improvements for the use of the City 2. This City Council deems it to be in the best interest of the City to finance the cost of the Housing Improvements through the Authority in accordance with the provisions of the aforesaid Act 31, as amended, which cost is not expected to exceed Six Million ($6,000,000) Dollars and to finance the cost of the Court Improvements through the Authority in accordance with the provisions of the aforesaid Act 31, as amended, which cost is not expected to exceed Five Hundred Thousand ($500,000) Dollars 3 The Notice of Intention of Entering into Contracts of Lease as hereto attached shall be published in the Livonia Observer, a newspaper of general circulation in the City, promptly upon adoption of this resolution, said Notice to appear as a display advertisement at least one-quarter (1/4) page in size 4 The City Council does hereby determine that the designated newspaper is the newspaper circulating in the City which reaches the largest number of persons to whom the aforesaid Notice is directed and that publication of the aforesaid Notice in the designated newspaper represents the most practical and feasible means of informing the taxpayers and electors of the City of the Housing Improvements and the Court Improvements and the financing thereof A copy of each of the Contracts shall be placed on file in the office of the City Clerk and shall be available for public examination immediately upon their adoption by this City Council and in no event later than 30 days from the date hereof. 5 All resolutions and parts of resolutions insofar as the same conflict with the provisions of this resolution be and the same hereby are rescinded On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, this 1,173rd Regular Meeting of the Council of the City of Livonia was adjourned at 9 20 P M , March 26, 1990 Robe t F Nash, City Clerk