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HomeMy WebLinkAboutCOUNCIL MINUTES 2002-05-08 33537 MINUTES OF THE ONE THOUSAND FOUR HUNDRED SIXTY-FOURTH REGULAR MEETING OF MAY 8 , 2002 On May 8, 2002, 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 Taylor delivered the invocation Roll was called with the following result: Gerald Taylor, Joe Laura, Maureen Miller Brosnan, Donald Knapp, Val Vandersloot, Linda Dolan and Jack Engebretson Absent: None Elected and appointed officials present. Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Karen Tesner, Assistant City Clerk, Karen Szymula, Director of Legislative Affairs, Mike Slater, Director of Finance and Ron Reinke, Superintendent of Parks and Recreation On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was CR 239-02 RESOLVED, that the minutes of the 1,463rd Regular Meeting of the Council held April 24, 2002 are hereby approved as submitted During audience communication, Councilmember Brosnan presented a Proclamation from the Offices of the Mayor and City Council announcing that the National Association of Letter Carriers (NALC) is sponsoring their ninth annual National Food Drive on Saturday, May 11, 2002 The NALC representative accepting the Proclamation was mail carrier Andrea Sherrer, who stated that residents should leave non-perishable food items at their mailboxes for pick-up on May 11 A communication from Councilmember Vandersloot, dated May 8, 2002, re "Notification of Intention" to offer a motion to (1) rescind CR 233-02 and (2) to offer 33538 a motion to refer Petition 2001-11-02-26 to the Committee of the Whole, was received and placed on file for the information of the Council Pursuant to Chapter IV, Legislative Division, Section 24 of the City of Livonia City Charter, the President of the Council acknowledges receipt of a Veto from the Mayor dated May 8, 2002 of CR 233-02 (Petition 2001-11-02-26 - Boulder Pines) On a motion by Vandersloot, seconded by Knapp, it was CR 240-02 RESOLVED, that the Council does hereby determine to rescind CR 233-02 adopted at the Regular Council Meeting of April 24, 2002, with regard to Petition 2001-11-02-26 submitted by Michael Soave requesting waiver use approval to develop single family cluster homes at 32405 Seven Mile Road, on property located south of Seven Mile Road, east of Brookfield Avenue, in the Northwest 1/4 of Section 10 A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Vandersloot, Dolan and Engebretson NAYS Taylor, Laura and Brosnan The President declared the resolution duly adopted Lengthy discussion took place amongst the Mayor and Councilmembers regarding CR 233-02 On a motion by Vandersloot, seconded by Knapp, it was CR 241-02 RESOLVED, that the Council does hereby determine to approve Petition 2001-11-02-26, submitted by Michael Soave, as modified, to develop single family cluster homes at 32405 Seven Mile Road, on property located south of Seven Mile Road, east of Brookfield Avenue, in the Northwest 1/4 of Section 10, with the following amendments to the site plan dated 2/3/02 (as revised 3/28/02) 1 Lots numbered 2 and 10 will be deleted, and all remaining lots will be renumbered and reconfigured to show a maximum of 9 units/lots, 2 The lots/units on the southernmost end of the development will be shifted to the north to provide for a wider park, and therefore maintain the prerequisites outlined in Section 20 02A of the City of Livonia Zoning Ordinance 33539 The final site plan will be conformed to this resolution by the City Planning Director before any building permits will be issued A roll call vote was taken on the foregoing ordinance with the following result: AYES Taylor, Knapp, Vandersloot, Dolan and Engebretson NAYS Laura and Brosnan The President declared the resolution duly adopted On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 242-02 RESOLVED, that the Council does hereby refer the matter of possible modification of the Cluster Housing Zoning Ordinance to the Legislative Committee for a report and recommendation A communication from Mayor Jack E Kirksey, dated May 8, 2002, re withdrawal of his veto of CR 233-02, relating to a waiver use approval submitted by Michael Soave for Boulder Pines Development located on the south side of Seven Mile Road, east of Brookfield Avenue, was received and placed on file for the information of the Council (Petition 2001-11-2-26) A communication from Michael Soave, Soave Homes, Inc , dated May 8, 2002, re his intent to create a Conservation Easement over the southerly 10 feet of units 5, 6 and 7 of Boulder Pines Condominiums Development, was received and placed on file for the information of the Council (Petition 2001-11-02-26) A communication from Leo Soave Building Company, dated May 8, 2002, re his intent to purchase 300 feet west of the property addressed in Petition 2001-11- 02-26, submitted by Michael Soave, and stating that if his purchase is successful, he would not build cluster housing on this adjacent parcel, was received and placed on file two for the information of the Council 33540 Charles Tangora, attorney for Michael Soave, addressed the Council and the concerns of the Mayor regarding the adjoining properties to the proposed Boulder Pines Development. (Petition 2001-11-02-26) During the audience communication portion of the agenda, Jan Afonso, 9981 Hubbard, 48150, thanked Council for 3 recent decisions they made that were friendly to the FOSIL organization that she represents 1 Denying the rezoning of the former Rosedale School property 2 Rescinding the resolution to allow a sewer easement in Rotary Park. 3 Denying the rezoning of the former Ardmore property site She stated her thanks for protecting the open spaces in the City of Livonia Bob Stockton, 17330 Fairfield, 48152, thanked the Council for their compromise on the Michael Soave petition that was discussed tonight, and for the downsizing of the number of units to be built. Tim Bailey, 9826 Cranston, 48150, also thanked the Council for their recent decisions, and felt that investigation is needed into the Cluster Housing Zoning Ordinance Councilmember Vandersloot mentioned that her husband, Don, will be celebrating his birthday on Tuesday, May 14, and that he will take part in a 15 6 mile run in Grand Rapids She also wished a "Happy Birthday" to Councilmember Brosnan, who is celebrating her birthday tonight. A communication from the Department of Finance, dated April 18, 2002, re forwarding various financial statements of the City of Livonia for the month ending March 31, 2002, was received and placed on file for the information of the Council A communication from the Department of Law, dated April 24, 2002, re Norman Estigoy v City of Livonia Zoning Board of Appeals, Ken Hunt, and Hunt's Ace Hardware, Inc., Wayne County Circuit Court Case No 01-141303CZ, the conclusion of which is the voluntary dismissal of the case by the plaintiff, was received and placed on file for the information of the Council (CRs 658-00, 245-01, 416-01, 506-01, 18-02 and 37-02, Petition Nos 2001-01-08-10, 2001-10-03-02 and 2001-10-02-23) 33541 At the direction of the Chair, Item # 16 was removed from the Consent Agenda and moved to the Regular Agenda A communication from the Department of Public Service, dated May 2, 2002, re comparison of bid award amounts to Hydro Meter Service, Inc , for 2001 and 2002, relative to the testing and repair of large commercial water meters, was received and placed on file for the information of the Council (Agenda Item #11) A communication from John E Fogarty of Time Warner Cable, dated April 26, 2002, re franchise fee payments for the period January 1, 1999 through April 30, 2001, and a copy of a check in the amount of $10,102 00 that they feel is the correct amount of money owed to the City of Livonia, was received and placed on file for the information of the Council (CR 127-02) (Agenda Item #18) A communication from the Department of Law, dated May 1, 2002, re City of Livonia response to Time Warner Cable's letter and check dated April 26, 2002, and the City's position that franchise fees are still owed, was received and placed on file for the information of the Council (Agenda Item #18) On a motion by Brosnan, seconded by Knapp, it was CR 243-02 RESOLVED, that having considered an application from Carolyn Wagner, 30878 Robert Drive, Livonia, Michigan 48150, requesting permission to close Robert Drive between Sunset and Denne on Saturday, August 3, 2002, from 12 00 noon to 10 00 pm for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, August 10, 2002, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 244-02 RESOLVED, that having considered an application from Kathleen A. Fitzgerald, 9917 Cranston, Livonia, Michigan 48150, requesting permission to close Cranston between Elmira and Orangelawn on Monday, May 27, 2002, from 2 00 p m to 8 00 p m for the purpose of conducting a block party, the Council does hereby grant permission. as 33542 requested, the action taken herein being made subject to the approval of the Police Department. CR 245-02 RESOLVED, that having considered a letter from Laura Jalynski, 28537 Cleveland, Livonia, Michigan 48150, on behalf of Clements Circle Civic Association and the Cleveland Elementary PTA, dated April 17, 2002, requesting permission to display signs announcing the Annual Clements Circle Civic Association Neighborhood Garage Sale and the Cleveland Elementary Rummage Sale to be conducted on Saturday, May 18, 2002, which signs shall be displayed at the locations listed in the aforementioned letter, no earlier than Thursday, May 16, 2002, and removed no later than 5 00 p m on Saturday, May 18, 2002, the Council does hereby grant and approve this request for the 2002 sale only and future requests will need City Council approval CR 246-02 RESOLVED, that having considered Petition 02-4-3-4, submitted by Mark A Evangelista, P E , President of Evangelista Corporation, on behalf of Western Waterproofing Company, dated April 11, 2002, wherein a request is submitted for the vacating of a 33' wide easement located along the North line of property located at 13800 Eckles Road, 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 The MonthlyConstruction Progress Report, from Michael J Genrich, 9 Project Manager, Etkin Skanska, Inc, received April 19, 2002, re the Livonia Community Recreation Center was received and placed on file for the information of the Council CR 247-02 RESOLVED, that having considered a communication from the Mayor, dated April 15, 2002, the Council does hereby approve of and concur in the reappointment of Mr James C McCann, 18435 Mayfield, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which will expire on June 9, 2005 CR 248-02 RESOLVED, that having considered a communication from the Mayor, dated April 15, 2002, the Council does hereby approve of and concur in the reappointment of Mr William LaPine, 33855 Carl Drive, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which will expire on June 9, 2005 CR 249-02 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated April 11, 2002, which bears the 33543 signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of two (2) 2003 Ford Crown Victoria Police ADM Vehicles, for the Fire Department (Fire Prevention Division) from Signature Ford, 3942 W Lansing Road, Perry, Michigan 48872, in the amount of $21,511 30 each, for a total price of $43,022 60 to be expended from funds already budgeted in Account No 101-341-985-000, FURTHER, the Council does hereby authorize the purchase of one (1) 2002 Ford F450 Chassis Cab (4x2) for the Fire Department from Signature Ford, 3942 W Lansing Road, Perry, Michigan 48872, for a total price of $51,490 84, to be expended from funds already budgeted in Account No 101-336-985-000, for this purpose, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low Macomb County bid, as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 250-02 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated April 17, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Spartan Distributors, Inc , 1050 Opdyke Road, Auburn Hills, f Michigan 48326, for supplying the Department of Parks and Recreation (Golf Course Division) with one (1) bank mower for a net price of $24,099 00, based on a total price of $25,240 00 less trade-in of $1,141 00, the same having been in fact the lowest bid received which meets specifications, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $24,099 00 from funds already budgeted in Account No 101-685-985-000 for this purpose, FURTHER, the Council does hereby reject the bid of Weingartz Supply Co , Inc for the reasons indicated in the aforementioned report and recommendation CR 251-02 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated April 17, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of W F Miller Company, 25125 Trans-X, Novi, Michigan 48376, for supplying the Department of Parks and Recreation (Golf Course Division) with one (1) rotary mower for a net price of $34,359 00, based on a total price of $38,259 00 less trade-in of $3,900 00, the same having been in fact the lowest bid received which meets specifications, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $34,359 00 from funds already budgeted in Account No 101-683-985-000 for this purpose, FURTHER, the Council does hereby 33544 reject the bid of Weingartz Supply Co , Inc for the reasons indicated in the aforementioned report and recommendation CR 252-02 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated April 9, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits Water and Sewer Board resolution WS 3415 04/02, the Council does hereby accept the low quotation of Hydro Meter Service, Inc , 3059 Dixie Highway, Waterford, Michigan 48328, to test, repair and calibrate large commercial water meters at the unit prices quoted for all meter sizes requested for the period through December 31, 2002, for the estimated amount of $32,975 00, plus an additional $8,000 00 for the purchase of repair parts, FURTHER, in the event the aforesaid company is unable to perform the said service, the Council does hereby accept the second low quotation of Vanguard Utility Service, Inc., 233 W 9th Street, Owensboro, Kentucky 42303, as an alternate to perform this work at the unit prices quoted for all meter sizes requested for the period through December 31, 2002, for the estimated amount of $38,380 00, plus an additional $8,000 00 for the purchase of repair parts, and the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 253-02 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated April 8, 2002, which bears the signature of the Director of Finance and is approved for submission by Mayor, with regard to the Henry Ruff Pavement Improvement (S.A D No 403), in the North 1/2 of Section 23, the Council does hereby determine as follows • To authorize a revision and amendment to Special Assessment District No 403 in accordance with the revised assessment roll attached to the aforesaid communication so as to decrease the total assessment as set forth in the confirmed assessment roll for Special Assessment District No 403 from $69,907 64 to $69,819 96, with the assessments to be reduced to the assessment rate of $47 78 per assessable foot and which amendment will reflect actual costs incurred in this project; • To authorize a reduction in the Livonia Public School paving cost from $7,434 34 to $7,425 01, • To establish the final project cost at $478,169 05, of which $69,819 96 is to be charged to the Special Assessment District, $17,425 01 is to be charged to the Livonia School 33545 District, $50,644 08 is to be assumed by the City's Michigan Transportation Fund (Local Road Account) receipts and $340,280 00 is to be assumed by the 12 Million Dollar Road Improvement Bond Issue, authorized in Council Resolution No 179-01, and • To authorize an expenditure in the amount of $478,169 05 from the 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 ($69,819 96) and payment of $17,425 01 is received from Livonia Public Schools, and the City Assessor, City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution Communications from the Planning Department and Inspection Department, dated February 19, 2002 and February 26, 2002, - Administrative Response - re the height of the proposed Ameritech second floor building addition located at 15550 Newburgh Road and the results of a search of old files to determine if there were restrictions limiting the height of the building, was received and placed on file for the information of the Council (Petition 2001-04-08-16) A communication from the Planning Department, dated April 12, 2002, - Administrative Response - re the possibility of additional landscaping to block the view of adjacent residences from the proposed second floor addition to the Ameritech building located at 15550 Newburgh Road, was received and placed on file for the information of the Council (Petition 2001-04-08-16) CR 254-02 RESOLVED, that having considered the report and recommendation of the Planning Department, dated April 12, 2002, approved for submission by the Mayor, submitted pursuant to Council Resolution 70-02, the Council does hereby approve the updated Landscape Plan, submitted by Ghafari Associates, dated April 8, 2002, in order to increase the visual barrier between adjacent residences and the 33546 Ameritech Building located at 15550 Newburgh Road (in connection with Petition 01-4-8-16) Elmo CR 255-02 RESOLVED, that having considered a communication from the City Planning Commission, dated March 28, 2002, which transmits its resolution 03-43-2002, adopted on March 26, 2002, with regard to Petition 02-2-3-2, submitted by Thomas Jablonski, Joe Winter, Mark Lamirand, Florence Deshler and Susan Anderson, requesting the vacating of Harrison Avenue right-of-way where it abuts Lots 130 thru 133 of Thomas F O'Connor's Park View Acres Subdivision, between Six Mile Road and Carol Drive in the Southeast 1/4 of Section 12, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 2002-2-3-2, subject to the retention of an ingress and egress easement over the northerly 70 feet of right-of-way adjacent to lot 130 as recommended by the Engineering Division, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution A communication from the Department of Law, dated April 9, 2002, re recent changes enacted by the State Legislature (Public Acts 48, 49 and 50 of 2002) with respect to telecommunications regulation and municipal compensation in Michigan, was received and placed on file for the information of the Council (CR 678-01) CR 256-02 RESOLVED, that having considered the report and recommendation of the Department of Law, dated April 9, 2002, which bears the signature of the Finance Director and is approved for submission by the Mayor, regarding the establishment of revised fees for telecommunications permit applications and for access to and use of public rights-of-way by telecommunications providers in accordance with recent changes in State law (P A. 48, 49 and 50 of 2002), the Council does hereby refer this item to the Legislative Committee for its report and recommendation A communication from the Department of Law, dated April 19, 2002, - Administrative Response - re the subject of cable television franchise fees and the report prepared by Plante & Moran, LLC regarding amounts due to the City from Time Warner Cable for the period January 1 , 1999 through April 30, 2001, was received and placed on file for the information of the Council (CR 127-02) 33547 A communication from the Department of Law, dated April 10, 2002, - Administrative Response - re the question of whether the City could keep the bid bond submitted by Peter A. Basile Sons, Inc with respect to the Sunset Hills Sanitary Relief Sewer Project after the bid was withdrawn due to a clerical error, was received and placed on file for the information of the Council (CR 172-02) CR 257-02 RESOLVED, that having considered the report and recommendation of the Department of Law, dated April 10, 2002, submitted pursuant to Council Resolution 172-02, adopted on March 27, 2002, the Council does hereby authorize the return of the bid bond of Peter A. Basile Sons, Inc , submitted in connection with the Sunset Hills Sanitary Relief Sewer Project; and the City Engineer and the Finance Director are hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Taylor, Laura, Brosnan, Knapp, Vandersloot, Dolan and Engebretson NAYS None A communication from the Engineering Division, dated May 8, 2002, re additional verbiage required to be included by the Michigan Department of Transportation in adopting a resolution pertinent to additions to the City's local street system for Act 51 computations, was received and placed on file for the information of the Council (CRs 718-01, 569-96, 705-99, 430-99, 644-99 72-99, 287-98, 190-98, 78- 87, 926-93) On a motion by Taylor, seconded by Vandersloot, and unanimously adopted, it was CR 258-02 RESOLVED, that having considered a communication from the Department of Law, dated April 9, 2002, approved for submission by the Mayor, and which bears the signature of the Director of Finance, concerning the inclusion in the local street system, for Act 51 revenue 33548 computation purposes, of the following streets that were accepted by the City of Livonia in 2001 or prior years which are not currently part of the City's road system 1 Savoie Court Length 572' Termini From 572' east of Savoie Road to the centerline of Savoie Road Subdivision Wooded Creek Subdivision Liber No L 118, Page 77 & 78 Location N W 1/4 of Section 13 2. Norwich Road Length 208' Termini Ann Arbor Trail to Trillium Court (See Attached Legal Description) Location Lakeside Estates Condominiums S E 1/4 of Section 33 3 Trillium Court Length 800' (See Attached Legal Description) Termini 674' east of Norwich Road to 126' west of Norwich Road Location Lakeside Estates Condominiums S E 1/4 of Section 33 4 Munger Avenue Length 807' Termini Munger Avenue at Henry Ruff Road to 807' west to the Cul-de-sac end of Munger Avenue (See Attached Legal Description) Location Gruda Site Condominiums N W 1/4 of Section 14 5 Amber Court Length 293' Termini Clarita Avenue to 293' south of Clarita Avenue (See Attached Legal Description) Location Clarita Site Condominiums NE 1/4 of Section 11 6 Arleen Court Length 293' Termini Clarita Avenue to 293' south of Clarita Avenue 33549 (See Attached Legal Description) Location Clarita Site Condominiums N E 1/4 of Section 11 7 Vanderhaven Lane Length 1206' Termini Seven Mile Road to 1206' south of Seven Mile Road (See Attached Legal Description) Location River Pines Condominiums NW 1/4 of Section 9 8 Aspen Drive Length 1180' Termini Seven Mile Road to 1180' south of Seven Mile Road (See Attached Legal Description) Location Whispering Pines Condominiums NW 1/4 of Section 9 9 Roselinda Drive Length 795' Termini Plymouth Road to 795' south of Plymouth Road (See Attached Legal Description) Location Parz Parkview Site Condominiums S E 1/4 of Section 30 10. Doris Avenue Length 400' Termini Munger Avenue to 400' north of Munger Avenue (See Attached Legal Description) Location N E 1/4 of Section 14 11 Curtis Avenue Length 1240' Termini Wayne Road to 1240' east of Wayne Road Subdivision Sheffield Subdivision No 2 Liber No L 101, Pages 89 & 90 Location N W 1/4 of Section 9 12. Pembroke Avenue TerminiLength660' Flamingo Boulevard to Purlingbrook Road (See Attached Legal Description) Location S W 1/4 of Section 2 33550 the Council does hereby authorize the Director of Public Works to apply to the Michigan Department of Transportation for the inclusion of said streets in the City's local street system for purposes of computing the City's share of Act 51 revenues, AND BE IT FURTHER RESOLVED that each of the said streets is an approved public street and is open for public purposes, and FURTHER, that said streets are accepted into the City's local street system and are located within rights-of-way under the control of the City of Livonia A communication from Michael V Polsinelli, Vice, President, Schostak Brothers & Company, Inc , dated April 15, 2002, re his non-attendance at the Study Council Meeting of April 29, 2002 and the Committee of the Whole Meeting of April 16, 2002, and his views of the status of the Livonia Community Recreation Center and the presentation of the Guaranteed Maximum Price (GMP) for this project, was received and placed on file for the information of the Council A communication from Robert Beckley, DPW Director, dated April 16, 2002, re "City of Livonia Community Recreation Projects Financial Summary", was received and placed on file for the information of the Council (CR 402-96) A communication from Robert Beckley, DPW Director, dated April 16, 2002, re "Eddie Edgar Ice Arena and Livonia Community Recreation Center Summary of Compensation to the Construction Manager", was received and placed on file for the information of the Council (CR 402-06) On a motion by Vandersloot, seconded by Taylor, and unanimously adopted, it was CR 259-02 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated April 16, 2002, submitted pursuant to Council Resolution 402-96, the Council does hereby refer the subject of off-season (non-ice rink) users of Eddie Edgar Arena and the feasibility of their continued use of the arena, or of potential optional City-wide sites for their use, to the Administration for its report %so, and recommendation 33551 A communication from the Department of Public Works, dated January 15, 2002, re recommended amendment to Architect Contract for Additional Services tr. relative to the Livonia Recreation Community Center, was received and placed on file for the information of the Council On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was CR 260-02 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated April 16, 2002, submitted pursuant to Council Resolution 402-96, the Council does hereby authorize an amendment to the contract with Neumann Smith & Associates, 400 Galleria Officentre, Suite 555, Southfield, Michigan 48034, such contract previously authorized pursuant to Council Resolution 790-00, to increase the basic service fee for the architectural services by $153,333 00 and increase the reimbursable expenses account by $25,000 00 in connection with the construction of the recreation center; FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $178,333 00 from Fund 408 for this purpose, and the Mayor and City Clerk are hereby authorized to execute such contract amendment for and on behalf of the City of Livonia and to do all things necessary or incidental to the full performance of this resolution A communication from the Department of Public Works, dated April 12, 2002, regarding the request to amend the Agreement between the City and Construction Manager for the Community Recreation Center and Eddie Edgar Ice Arena, was received and placed on file for the information of the Council (CR 402-96) A communication from the Department of Public Works, dated April 12, 2002, re the approval of Livonia Community Recreation Center Guaranteed Maximum Price (GMP) Proposal, was received and placed on file for the information of the Council (CR 402-96) On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was 33552 CR 261-02 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated April 16, 2002, submitted pursuant to Council Resolution 402-96, the Council does hereby approve the Guaranteed Maximum Price (GMP) proposal for the Livonia Community Recreation Center in the amount of $25,860,194 00 from Etkin Skanska Construction Company/Schostak Brothers & Company, Inc , the Construction Manager, in their submittals dated October 26, 2001 and April 11, 2002 On a motion by Vandersloot, seconded by Brosnan, it was CR 262-02 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated April 16, 2002, submitted pursuant to Council Resolution 402-96, the Council does hereby authorize an amendment to the contract between the City of Livonia and Etkin Skanska Construction Company, 30445 Northwestern Highway, Suite 250, Farmington Hills, Michigan 48344, previously authorized pursuant to Council Resolution 618-00, which amendment shall provide for a) total compensation to be paid to the Construction Manager in an amount not to exceed $1,834,405 00, for additional services performed in connection with the construction of the Community Recreation Center and Eddie Edgar Ice Arena, and b) the payment of $100,000 00, being one-half of the incentive payment provided in said contract to Etkin Skanska Construction Company in recognition of savings achieved on the Eddie Edgar Ice Arena Project, and the Mayor and City Clerk are hereby authorized to execute such contract amendment for and on behalf of the City of Livonia and 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 Taylor, Brosnan, Knapp, Vandersloot, Dolan and Engebretson NAYS Laura The President declared the resolution duly adopted Mike Genrich, Project Manager, Etkin Skanska Construction Company, was present at the meeting to answer questions of the Council 33553 A communication from the Civil Service Department, dated April 22, 2002, re recommendation for salary and fringe benefit adjustments for the Classification of Ibor Police Chief, was received and placed on file for the information of the Council A communication from the Michigan Municipal League, presented by the Finance Director at the Committee of the Whole meeting on April 29, 2002, re Salaries and Wages In Michigan Municipalities over 1,000 population in the years 2001-2002, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 263-02 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 29, 2002, and a communication from the Human Resources Director, dated April 22, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, transmitting a resolution adopted by the Civil Service Commission at its regular meeting of April 18, 2002, aro recommending salary and fringe benefit adjustments for the classification of Police Chief for the period December 1, 2000 through November 30, 2003, the Council does hereby concur in the recommendation of the Civil Service Commission and the pay scale and benefit adjustments for the Classification of Police Chief are hereby approved for the period December 1, 2000 through November 30, 2003, as follows 1 A 3% adjustment on base wages effective December 1, 2000, a 3% adjustment on base wages effective December 1, 2001 and a 3% adjustment effective December 1, 2002 as follows 3% 12/01/00 Step I $37 89 $3,031.20 $78,711.20 Step 1 5 38 66 3,092 80 80,412 80 Step 2 39 41 3,152 80 81,972 80 Step 3 40 98 3,278 40 85,238 40 Step 4 42 62 3,409 60 88,649 60 Step 5 44 32 3,545 60 92,185 60 33554 3% 12/01/01 Step I $39 03 $3,122 40 $81,182 40 Step 1 5 39 82 3,185 60 82,825 60 Step 2 40 59 3,247 20 84,427 20 Step 3 42 21 3,376 80 87,796 80 Step 4 43 90 3,512 00 91,312 00 Step 5 45 65 3,652 00 94,952 00 3% 12/01/02 Step I $40 20 $3,216 00 $83,616 00 Step 1 5 41 01 3,280 80 85,300 80 Step 2 41 81 3,344 80 86,964 80 Step 3 43 48 3,478 40 90,438 40 Step 4 45 22 3,617 60 94,057 60 Step 5 47 02 3,761 60 97,801 60 2 The dental reimbursement, health insurance, longevity, cleaning allowance, education benefits, optical, weekly disability and life insurance, shall be the same as for the Livonia Police Officers Association as of December 1, 2000, 3 Chief Peter Kunst, when a lieutenant in the Livonia Police Department, accumulated more than 50 hours of compensatory time and upon his retirement or separation from service, he shall receive 50 hours paid at straight time rate, in the case of his death, this shall be paid to his estate 4 Chief Peter Kunst shall receive any improvements in the fringe benefits or pensions set forth in the Lieutenants & Sergeants Association's December 1, 2000 - November 30, 2002 contract. Councilmember Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 010 AND 390 AND ADDING SECTION 391 TO CHAPTER 08 (ELECTION PRECINCTS) OF TITLE 1 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 33555 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 Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 35 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 01-10-1-12) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Laura, Brosnan, Knapp, Vandersloot, Dolan and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was CR 264-02 RESOLVED, that having considered a communication from the Director of Community Resources, dated April 19, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the donation of Farmer Jack food certificates in the total amount of $500 00 from the Kiwanis Early Risers to the Community Resources Department to be used as indicated in the aforesaid communication Linda Fry, Program Supervisor, Community Resources, advised Council as to how the food certificates are to be distributed Councilmember Knapp inquired, on behalf of a resident, as to the scheduling of the reconstruction of Six Mile Road City Engineer Schron stated that the original start 33556 date was April 15, 2002, but that Wayne County has rescheduled the start date to May 15, 2002 Councilmember Brosnan wished a "Happy Mother's Day" to all the mothers in the City of Livonia On a motion by Brosnan, seconded by Dolan, and unanimously adopted, this 1,464th Regular Meeting of the Council of the City of Livonia was adjourned at 10 16 p m , May 8, 2002 2Al 9 /‘/ !L•• Joan McCotter, City Clerk