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HomeMy WebLinkAboutCOUNCIL MINUTES 2001-06-04 33001 MINUTES OF THE ONE THOUSAND FOUR HUNDRED FORTY-SECOND REGULAR MEETING OF JUNE 4, 2001 On June 4, 2001, 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 Walsh delivered the invocation Roll was called with the following result. John Walsh, Brian Duggan, Joe Laura, Jack Engebretson, Val I Vandersloot, and Maureen Miller Brosnan Absent: John Pastor Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Alex Bishop, Assistant Director of Building Inspection, and Ian Wilshaw, Traffic Commission On a motion by Duggan, seconded by Vandersloot , and unanimously adopted, it was CR 342-01 RESOLVED, that the minutes of the 1,441st Regular Meeting of the Council held May 16, 2001 are hereby approved as submitted On a motion by Walsh, seconded by Laura, and unanimously adopted, it was CR 343-01 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit the renumbering of agenda items 22 through 25, inclusive During the audience communication portion of the agenda, Mayor Jack E Kirksey presented a commendation to Rosemary Farabaugh wherein she was acclaimed for being chosen by the Suburban Republican Women as the 2001 recipient of the Tribute to Women Award, and expressed his gratitude for her loyalty and commitment to public service and her many civic contributions to the City of Livonia Councilmember Engebretson announced the Annual Garden Walk to be held at Greenmead Historical Park on June 23, 2001 from 10 00 am to 5 00 pm 33002 Councilmember Duggan announced the Arts and Crafts Festival to be held at Greenmead on June 9 and 10, 2001 Ms Debbie Stermer asked permission of the Council to conduct a block party on June 30, 2001 On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 344-01 RESOLVED, that having considered an application from Debbie Stermer, 20110 Floral, dated May 30, 2001, requesting permission to close Floral between Fargo and Norfolk on Saturday, June 30, 2001, from 11.00 a m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. Rick Rainville, 9928 Hubbard, Livonia, 48150, thanked Councilmember John Walsh for his years of service to the City of Livonia, and commented on various ongoing projects in the City of Livonia Council President Brosnan offered her congratulations to Rosemary Farabaugh on her commendation from Mayor Kirksey, and also offered her congratulations to her father on the occasion of his retirement from Detroit Diesel, where he was employed for 42 years A communication from the Department of Finance, dated May 21, 2001, re forwarding various financial statements of the City of Livonia for the month ending April 30, 2001 was received and placed on file for the information of the Council A communication from Newburgh United Methodist Church, 36500 Ann Arbor Trail, Livonia 48150, dated May 22, 2001, re request to place signs at referenced locations to advertise a Mom-To-Mom Sale, was received and placed on file for the information of the Council (Agenda Item #3) A communication from the Inspection Department, dated May 30, 2001, re site visits by said Department to the U-Haul Corp , 33729 Plymouth Road, and the 33003 condition of the property, was received and placed on file for the information of the Council (Petition 01-3-2-6) (Agenda Item # 15) Two communications from the Department of Assessment, dated May 25, 2001, re Application for transfer of a Industrial Facilities Exemption Certificate from GPD, Inc to Blue Dot Design, L L C and to Fusion Tech, Inc , Certificate No 93-636, was received and placed on file for the information of the Council (Agenda Item #16[a]) On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was CR 345-01 RESOLVED, that having considered an application from Terry Lambert, 33051 Perth, dated May 2, 2001, requesting permission to close Perth between the addresses of 33129 and 32908 on Saturday, July 14, 2001, from 1 00 p m to 9 00 p m 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, July 21, 2001, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 346-01 RESOLVED, that having considered an application from Patricia Oginski, 29633 Bentley, dated May 3, 2001, requesting permission to close Bentley between Beatrice and Melvin on Saturday, June 30, 2001, from 3 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 347-01 RESOLVED, that having considered a letter from Vicki Reault, representing Newburg United Methodist Church, dated May 22, 2001, which requests permission to display 20 signs announcing the Newburg United Methodist Mom-to-Mom Sale to be conducted on Saturday, September 29, 2001, and a Quilt Show to be conducted on Friday and Saturday, November 16 and 17, 2001 , which signs are to be 18"x 24" in size and which will be displayed at the following locations (two signs at each corner) no earlier than Saturday, September 22, 2001, and removed not later than Sunday, September 30, 2001 , for the Mom-to- Mom Sale and installed no earlier than Friday, November 9, 2001, and removed not later than Sunday, November 18, 2001 , for the Quilt Show 33004 Ann Arbor Trail and Ann Arbor Road 1-96 and Farmington L 1-275 and Ann Arbor Trail Newburgh and Five Mile Ann Arbor Trail and Wayne Newburgh and Six Mile Ann Arbor Trail and Farmington Newburgh and Ann Arbor Trail 1-96 and Newburgh Newburgh and Levan the Council does hereby grant and approve this request in the manner and form herein submitted CR 348-01 RESOLVED, that having considered a letter from Robert Canzano, Canzano Contracting Corporation, dated May 5, 2001, requesting elimination of the sidewalk requirement with respect to the new construction located at 19102 Fitzgerald Street, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation CR 349-01 RESOLVED, that having considered a letter from Robert Canzano, Canzano Contracting Corporation, dated May 5, 2001, requesting elimination of the sidewalk requirement with respect to the new construction located at 19102 Fitzgerald Street, the Council does hereby refer this matter to the Engineering Division for its report and Lrecommendation A communication from the Office of Emergency Preparedness, dated May 10, 2001, re the placing of outdoor warning sirens on cell towers, was received and placed on file for the information of the Council A communication from Richard W McDowell, Chairperson of the Board of Ethics, re the third Annual Report of the Livonia Board of Ethics issued pursuant to Livonia Code of Ordinances Section 2 200 070 (D)(9), was received and placed on file for the information of the Council CR 350-01 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 1, 1999, and the report and recommendation of the Chief of Police, dated May 3, 2001, approved for submission by the Mayor, the Council does hereby approve L of the request from Perry Drug Stores, Inc to add space to 1999 SDM License for a business located at 33480 W Seven Mile Road, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to 33005 forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 351-01 RESOLVED, that having considered a communication from the Director of Community Resources, dated April 25, 2001, 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 grant for Healthy Aging In Place in the amount of $3,500 00 from the Livonia Community Foundation, Inc , the same to be used to provide in-home support services for older adults CR 352-01 RESOLVED, that having considered a communication from the Director of Community Resources, dated May 3, 2001, 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 grant in the amount of $4,550 00 from the Office of Services to the Aging, the same to be used to purchase a double oven for the Civic Park Senior Center CR 353-01 RESOLVED, that having considered a communication from the Department of Law, dated May 8, 2001, approved for submission by the Mayor, to which is attached a proposed lease amendment between the City of Livonia and Nextel West Corp , d/b/a/ Nextel Communications, to allow Nextel to lower its antennae array on the police communications tower from the 210' level to the 100' level in order to improve reception and transmission, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached proposed Lease Amendment No 1 in the manner and form herein submitted, as well as to do all things necessary or incidental to the full performance of this resolution CR 354-01 RESOLVED, that having considered a communication from the Department of Law, dated May 11, 2001, approved for submission by the Mayor, which submits a proposed amendment to Section 18 58 of Article XVIII of the Livonia Zoning Ordinance for the purpose of establishing a 60-day time limit from the date a site plan is approved by Council for the submittal of any additional information, such as landscape plans and signage, and in accordance with the provisions set forth in Section 23 01(a) of the Livonia Zoning Ordinance, the Council does hereby determine on its own motion to refer to and request that the City Planning Commission conduct a public hearing on the question of whether such amendment should be made, and thereafter submit a report and recommendation to Council CR 355-01 WHEREAS, Section 13(7) of Act 51 , Public Acts of 1951, provides that each incorporated city and village to which funds are 33006 returned under the provisions of this section, that "the responsibility for street improvements, maintenance, and traffic operations work, and the development, construction, or repair of off-street parking facilities and construction or repair of street lighting shall be coordinated by a single administrator to be designated by the governing body who shall be responsible for and shall represent the municipality in transactions with the State Transportation Department pursuant to this Act." THEREFORE, BE IT RESOLVED, that the Livonia City Council does hereby designate Robert J Schron, City Engineer, as the single Street Administrator for the City of Livonia in all transactions with the State Transportation Department as provided in Section 13 of the Act. CR 356-01 WHEREAS, Inkster Road in the City of Livonia, Wayne County, Michigan, is a county road under the jurisdiction of Wayne County; and WHEREAS, the Wayne County Department of Public Services is proposing a project to resurface Inkster Road from Seven Mile Road to Eight Mile Road, and WHEREAS, the Wayne County Internal Resurfacing Program Guidelines call for cities to contribute one-third of the estimated cost for resurfacing projects, and WHEREAS, the cost for the 2001 Internal Resurfacing Program has been estimated at $96,000 00 per lane mile and the local city share has been estimated at $32,000 00 per lane mile, and WHEREAS, the total cost for resurfacing Inkster Road from Seven Mile Road to Eight Mile Road has been estimated at $229,440 00 and the City of Livonia share has been established at $38,240 00 NOW, THEREFORE, BE IT RESOLVED, that the Livonia City Council does on this 4th day of June, 2001, take this means to express its desire to join with Wayne County in proceeding with a project to resurface Inkster Road from Seven Mile Road to Eight Mile Road, and furthermore, does hereby approve and authorize payment of the City's share of $38,240 00 in the manner set forth in the Wayne County Internal Resurfacing Program Guidelines, dated November 20, 2000, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $38,240 00 from the Michigan Transportation Fund (Major Road Account) for this purpose CR 357-01 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 2001, which transmits its 33007 resolution 4-66-2001 adopted on April 24, 2001, with regard to Petition 01- 3-8-15 submitted by The Sinacola Companies, requesting site plan approval in connection with a proposal to construct a condominium development (Livonia Villa Condominiums) on property located at 9024 Middlebelt Road in the Southwest 1/4 of Section 36, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 01-3-8-15 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet CE-1 dated September 23, 1999, as revised, prepared by The Building Design Group, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L-1 dated September 23, 1999, as revised, prepared by The Building Design Group, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Building Elevation Plans marked Sheet A-3 and A- 4 both dated September 23, 1999, as revised, prepared by The Building Design Group, are hereby approved and shall be adhered to, 6 That the brick used in the construction shall be full-face four (4") inch brick, no exceptions, 7 That the Entrance Marker Application, as submitted to the Planning Commission on April 24, 2001, is hereby approved and shall be adhered to, 8 That the brick used in the construction of the Entrance Marker shall be the same brick used in the construction of the condominiums, 9 That street lighting shall be installed consisting of 100-watt high pressure sodium lights on 18 ft. high Hallbrook poles with underground wiring, 33008 10 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 11 That the petitioner shall meet to the Fire Department's satisfaction the requirements as outlined in their correspondence dated May 12, 1999 - All access roads shall become designated fire lanes and posted as such, - Placement landscaping shall not interfere with turning radius of vehicles, - Turning radius in critical areas of driveways shall be increased from 10 feet to 15 feet; and 12 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient yard setbacks as defined in the correspondence dated May 12, 1999, from the Inspection Department. CR 358-01 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 2001, which transmits its resolution 4-66-2001 adopted on April 24, 2001, with regard to Petition 01- 3-8-15 submitted by The Sinacola Companies, requesting site plan approval in connection with a proposal to construct a condominium development (Livonia Villa Condominiums) on property located at 9024 Middlebelt Road in the Southwest 1/4 of Section 36, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby refer the subject of landscape plan conformance to the Planning Department for its report and recommendation CR 359-01 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 2001, which transmits its resolution 5-76-2001, adopted on May 8, 2001 , with regard to Petition 01- 3-2-6, submitted by U-Haul Corporation, requesting waiver use approval to rent trucks on property located on the south side of Plymouth Road between Stark and Farmington Roads in the Northeast 1/4 of Section 33, which property is zoned C-2, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation CR 360-01 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 2001, which transmits its resolution 5-76-2001, adopted on May 8, 2001, with regard to Petition 01- i 3-2-6, submitted by U-Haul Corporation, requesting waiver use approval to 33009 rent trucks on property located on the south side of Plymouth Road between Stark and Farmington Roads in the Northeast 1/4 of Section 33, which property is zoned C-2, the Council does hereby refer this matter to the Plymouth Road Development Authority for its report and recommendation CR 361-01 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 2001, which transmits its resolution 5-76-2001, adopted on May 8, 2001, with regard to Petition 01- 3-2-6, submitted by U-Haul Corporation, requesting waiver use approval to rent trucks on property located on the south side of Plymouth Road between Stark and Farmington Roads in the Northeast 1/4 of Section 33, which property is zoned C-2, the Council does hereby refer the subject of the adequacy of parking at this location to the Planning Department for its report and recommendation CR 362-01 WHEREAS, the City of Livonia has received applications from Blue Dot Design, LLC, and Fusion Tech, Inc., 35457 Industrial Road, dated April 16, 2001, for transfer of the tax abatement previously granted to GPD, Inc on December 30, 1993, in Council Resolution 1007-93 for 12 years (Industrial Facilities Exemption Certificate No 93-636), for a facility located at 35457 Industrial Road which is located in City of Livonia Industrial Development District No 57, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Applications to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units and, (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on these Applications and, (iii) advise the said taxing units of this Council's desire to hold a hearing on these Applications on Monday, July 9, 2001, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, July 9, 2001, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Applications CR 363-01 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as 33010 amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, July 16, 2001, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 01-4-1-4, submitted by Hurley Homes, Inc , for a change of zoning of property located on the south side of Six Mile Road between Middlebelt Road and Oporto Street in the Northeast 1/4 of Section 14, from OS to RUFA, the City Planning Commission in its resolution 5-74-2001 having recommended to the City Council that Petition 01-4-1-4 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution CR 364-01 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, July 16, 2001, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items 1 Petition 01-3-6-2, submitted by the City Planning Commission, pursuant to Council Resolution 45-01, to determine whether or not to amend Section 4 02 of Article IV of the Zoning Ordinance so as to establish various restrictions in connection with home businesses, the City Planning Commission in its resolution 5-79-2001 having recommended to the City Council that Petition 01-3-6-2 be approved, 33011 2 Petition 01-3-6-3, submitted by the City Planning Commission, pursuant to Council Resolution 66-01, to determine whether or not to amend Sections 10 02 and 10 03 of Article X and Sections 11 02 and 11 03 of Article XI of the Zoning Ordinance so as to designate drug stores and pharmacies as waiver uses, the City Planning Commission in its resolution 5-80-2001 having recommended to the City Council that Petition 01-3-6-3 be denied, and 3 Petition 01-3-6-4, submitted by the City Planning Commission, pursuant to Council Resolution 78-01, to determine whether or not to amend Section 10 03 of Article X of the Zoning Ordinance so as to add full-service restaurants as waiver uses in the C-1 zoning district, the City Planning Commission in its resolution 5-81-2001 having recommended to the City Council that Petition 01-3-6-4 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 amendments to the Zoning Ordinance, and/or (b) locations of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Walsh, Duggan, Laura, Engebretson, Vandersloot and Brosnan NAYS None The audit reports of the City of Livonia (Financial Report with Additional Information dated November 30, 2000), for District Court Funds of District No 16 (Financial Report with Additional Information dated November 30, 2000), for the Economic Development Corporation (Financial Report dated November 30, 2000) and 33012 the Federal Awards (Supplemental Information dated November 30, 2000), were received and placed on file for the information of the Council (CR 181-01) On a motion by Walsh, seconded by Laura, and unanimously adopted, it was CR 365-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 14, 2001, submitted pursuant to Council Resolution 784-99, and a communication from the City Planning Commission, dated October 7, 1999, which transmits its resolution 10-168-99 adopted on October 5, 1999, with regard to Petition 99-9-GB-6 submitted by George Weingarden, on behalf of Parkside Pavilion Office Complex, requesting to substitute a greenbelt for the protective wall on property located at 18290 Middlebelt Road in the Northwest 1/4 of Section 12, as outlined in Section 18 45 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-9-GB-6 is hereby approved and granted, subject to the following conditions 1 That the landscaped greenbelts along the east and south property lines, as shown on the plan dated May 22, 2001, as revised, prepared by R A. Zischke Architect, shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 2 That these areas shall remain in their present state and any changes to these areas shall require Planning Commission and City Council review and approval, 3 That the landscape greenbelt located along the north property line between the existing wall and the northeast corner of the property shall be substituted for the protective wall, 4 That the 56 foot wooden fence shall be substituted for the masonry wall along the north property line and maintained in a proper fashion, and 5 That all landscaping shown on the above-referenced plan shall be properly maintained in a healthy condition to the satisfaction of the Inspection Department. A site plan from Architecturally Speaking, 31183 W Ten Mile Road, Farmington Hills, MI 48836, dated May 1, 2001, re Farmers Insurance/Schmidt 33013 Agency, located at 16013 Middlebelt Road, Livonia, 48154, was received and placed on file for the information of the Council (Petition 99-10-GB-9) On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was CR 366-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 14, 2001, submitted pursuant to Council Resolution 785-99, and a communication from the City Planning Commission, dated October 21, 1999, which transmits its resolution 10-181-99 adopted on October 19, 1999, with regard to Petition 99-10-GB-9 submitted by Michele Schmidt, on behalf of the Schmidt Insurance Agency, requesting to substitute a greenbelt for the protective wall on property located at 16013 Middlebelt Road in the Northeast 1/4 of Section 14, as outlined in Section 18 45 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-10-GB-9 is hereby approved and granted, subject to the following conditions 1 That the landscaped greenbelt along the west property line, as shown on the plan dated May 1, 2001, prepared by Architecturally Speaking, shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 2 That any changes to this area shall require Planning Commission and City Council review and approval, 3 That all landscaping shown on the above-referenced plan shall be properly maintained in a healthy condition to the satisfaction of the Inspection Department. On a motion by Walsh, seconded by Laura, and unanimously adopted, it was CR 367-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 14, 2001, submitted pursuant to Council Resolution 785-99, the Council does hereby refer the subject of the preparation of a proposed ordinance amendment requiring the submission of a landscape plan with all future greenbelts petitions and to establish a specific timeframe for completion of the proposed greenbelt improvements to the Department of Law, the same to thereafter be submitted to Council for its consideration On a motion by Walsh, seconded by Engebretson, and unanimously 33014 adopted, it was CR 368-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 14, 2001, submitted pursuant to Council Resolution 803-99, and a communication from the City Planning Commission, dated October 20, 1999, which transmits its resolution 10-180-99 adopted on October 19, 1999, with regard to Petition 99-9-GB-8 submitted by Parz Associates, on behalf of the Plymouth Square Shopping Center, requesting to substitute a greenbelt for the protective wall as outlined in Section 18 45 of Zoning Ordinance No 543, as amended, for property located at 31153 Plymouth Road in the Northwest 1/4 of Section 35, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-9-GB- 8 is hereby approved and granted, subject to the following conditions 1 That the 113 ft. by 40 ft. landscaped greenbelt next to the southwest corner of the property, as shown on the plan marked Sheet S-1, dated September 24, 1999, as revised, prepared by Seymour H Mandell, shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 2 That any changes to this area shall require Planning Commission and City Council review and approval, 3 That gates shall be installed and maintained on the existing trash dumpster enclosure and, when not in use, closed at all times, and 4 That all landscaping shown on the above-referenced plan shall be properly maintained in a healthy condition to the satisfaction of the Inspection Department. A map from the Planning Department, dated May 29, 2001, re proposed greenbelt area to be located at Livonia Car Care, 36251 Five Mile Road, Livonia, was received and placed on file for the information of the Council (Petition 00-5-GB-1) On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was CR 369-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 14, 2001, submitted pursuant to Council Resolution 532-00, and a communication from the City Planning Commission, dated June 14, 2000, which transmits its resolution 6-121-2000, adopted on June 13, 2000, with regard to 33015 Petition 00-5-GB-1, submitted by Livonia Car Care, requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18 45 of Zoning Ordinance No 543, as amended, for property located at 36251 Five Mile Road in the Northeast 1/4 of Section 20, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-5-GB-1 is hereby approved and granted, subject to the following conditions 1 That the existing wooded area and natural landscaped greenbelt consisting of the south approximately 140 feet of the property, as shown on the plan prepared by the Planning Department dated May 29, 2001, shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 2 That in the event there are any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a protective barrier, the owner of the property shall be required to construct the protective wall pursuant to Section 18 45 of the Zoning Ordinance, and 3 That all landscaping shown on the above-referenced plan shall be properly maintained in a healthy condition to the satisfaction of the Inspection Department. A communication from the Inspection Department, dated May 23, 2001, re their investigation of concerns raised by Mrs William T Gonterman related to a proposed greenbelt area on her west property line, was received and placed on file for the information of the Council (CR 595-00) (Petition 76-12-8-30) On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was CR 370-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 14, 2001, submitted pursuant to Council Resolution 595-00, and a communication from the City Planning Commission, dated July 14, 2000, which transmits its resolution 7-139-2000, adopted on July 11, 2000, with regard to Petition 76-12-8-30, submitted by John F Sivertson, DDS, MS, requesting to amend the site plan that was approved by the City on February 2, 1977, by substituting a greenbelt for the protective wall as outlined in Section 18 45 of Ordinance No 543, as amended, for property located at 31636 Schoolcraft Road in the Southeast 1/4 of Section 22, the Council does 33016 hereby concur in the recommendation of the Planning Commission and Petition 76-12-8-30, as amended, is hereby approved and granted, subject to the following conditions 1 That the landscaped greenbelt along the north property line, as shown on the plan dated June 14, 2000, and received by the Planning Commission on June 16, 2000, shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 2 That in the event there are any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effective as a protective barrier, the owner of the property shall be required to construct the protective wall pursuant to Section 18 45 of the Zoning Ordinance, 3 That the request for the permanent substitution of the protective wall with a landscaped greenbelt along the west property line is hereby denied, 4 That because the revised plan, referenced in Condition No 1, does not show a wall along the west property line, the petitioner shall have the option of going before the Zoning Board of Appeals for a temporary variance waiving the wall or installing the wall immediately; and 5 That all landscaping shown on the above-referenced plan shall be properly maintained in a healthy condition to the satisfaction of the Inspection Department. A communication from SJL Development of Livonia, L L C , 20025 Shadyside, Livonia, 48152, dated April 18, 2001, re proposed Master Deed and Bylaws of Deer Woods of Livonia Condominium and aerial photograph of the landsite and those of the immediate neighbors, was received and placed on file for the information of the Council (Petition 00-11-2-35) (CR 231-01) A Site Plan from Arpee/Donnan, Inc , dated April 23, 2001, re Deer Woods of Livonia Condominium, was received and placed on file for the information of the Council (Pet. 00-11-2-35) 33017 An aerial plan received May 15, 2001, re the Deer Woods of Livonia Condominium site, was received and placed on file for the information of the Council (Petition 00-11-2-35) A communication from SJL Development of Livonia, L L C , 20025 Shadyside, Livonia, 48152, dated May 16, 2001, re the postponement of their request for waiver use approval to construct a cluster housing project on property located on the north side of Five Mile Road between Fairlane and Ellen Drives from the May 16, 2001 to the June 4, 2001 Regular Meeting of the City Council, was received and placed on file for the information of the Council (Petition 00-11-2-35) A communication from Rose and Bruno Warmann, 15362 Fairlane Drive, Livonia, 48154, dated May 16, 2001, re their concerns about the effects of the proposed Deer Woods Condominium Development will have on the environment, was received and placed on file for the information of the Council (Petition 00-11-2-35) A revised site plan, dated May 22, 2001 , re waiver use approval for Deer Woods of Livonia Condominium Development, with a cover letter from SJL Development, dated May 31, 2001, was received and placed on file for the information of the Council (Petition 00-11-2-35) A communication from the Department of Law, dated May 31, 2001, re notification by Wayne County that the City of Livonia will be required to assume responsibility for maintenance of all storm water detention/retention and outlet facilities in new development projects in the City, and asking for reimbursement from SJL Development, L L C for such costs that may be incurred at the Deer Woods of Livonia 33018 Condominium Development, was received and placed on file for the information of the Council (Petition 00-11-2-35) On a motion by Duggan, seconded by Engebretson, it was CR 371-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 15, 2001, submitted pursuant to Council Resolution 231-01, and a communication from the City Planning Commission, dated March 26, 2001, which transmits its resolution 3-47-2001, adopted on March 20, 2001, with regard to Petition 00-11-2-35, submitted by SJL Development, L L C , requesting waiver use approval to construct a cluster housing project on property located on the north side of Five Mile Road between Fairlane Drive and Ellen Drive in the Southwest 1/4 of Section 16, which property is zoned R-3C, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 00-11-2-35 is hereby approved and granted, subject to the granting of a variance by the Zoning Board of Appeals for deficient setback from a major thoroughfare and subject to the following additional conditions 1 That the Site Plan, marked Sheet 1, Job #01004, prepared by Arpee/Donnan, Inc , received June 1, 2001, is hereby approved and shall be adhered to, 2 That the first floor and chimney of each condominium unit shall be brick on all four sides, and the total amount of brick on each unit shall be not less than 70% on two-story and not less than 90% on one-story dwellings, 3 That the brick used in the construction of each condominium unit shall be full-face four (4") inch brick, no exceptions, 4 That the Landscape Plan, marked Job #LS 01 067 00, prepared by Calvin Hall & Associates, dated February 26, 2001, is hereby approved and shall be adhered to, except as modified under Conditions No 7 and No 8 below; 5 That all landscaping shown on the above-referenced landscape plan shall be installed to the satisfaction of the Inspection Department, with additional landscaping to be added on the east side of Units 7 and 8 where the turkey farm abuts the property; 6 That the petitioner shall meet to the Fire Department's satisfaction the following requirements as outlined in a letter from the Fire Marshall dated February 26, 2001, 33019 - An additional hydrant shall be provided at the entrance of Andrea Court and Five Mile, - The most remote hydrant shall flow 100 GPM with a 20 PSI residual pressure, - Hydrant spacing in the commercial/retail groupings shall be consistent with the City of Livonia Ordinances, 7 That the entrance sign shown on the above-referenced landscape plan is approved except that the sign area shall not exceed 20 square feet and the sign height shall not exceed 5 feet; 8 That the brick entry piers and wing walls shown on the above- referenced landscape plan shall be downsized and are approved subject to the granting of all necessary variances by the Zoning Board of Appeals, 9 That the Site Plan and Landscape Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 10 That the petitioner shall submit a copy of the Master Deed together with the Site Plan for review and approval by the City Council, and 11 That the petitioner shall include language in the Master Deed wherein the Condominium Association shall reimburse the City of Livonia for any maintenance or repair costs for the stormwater detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each homeowner's property and real estate tax bills in the event said charges are not paid by the Condominium Association within 30 days of billing by the City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Duggan, Engebretson, Vandersloot and Brosnan NAYS Laura The President declared the resolution duly adopted Mr James Szkrybalo, SJL Development of Livonia, L L C thanked all the people involved in the process of bringing his petition to the approval stage (Petition 00-11-2- 35) 33020 Mr Robert Cross, 35009 Roycroft, Livonia, 48154 expressed his desire to see the revised site plan to make certain that none of the homes will be built in the flood plain (Petition 00-11-2-35) Mr Todorov, 15530 Riverside, Livonia, 48154, inquired as to the number of homes that are to be built. A communication from Gary Steven Jonna, Jonna Realty Enterprises, dated December 8, 1998, re adjournment of Jonna Realty Enterprises' request for a change of zoning of property on the west side of 1-275 between Seven and Eight Mile Roads from POII to C-2 and C-4, was received and placed on file for the information of the Council (Petition 98-4-1-7) (CR 611-98) On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 372-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 23, 2001, submitted pursuant to Council Resolution 611-98, and a communication from the City Planning Commission, dated June 1, 1998, which sets forth its resolution 5-77-98 adopted on May 19, 1998, with regard to Petition 98- 4-1-7, submitted by Jonna Realty Enterprises for a change of zoning of property located on the west side of 1-275 between Seven Mile and Eight Mile Roads, in the Southwest 1/4 of Section 6, from POII to C-2 and C-4, and the Council having conducted a public hearing with regard to this matter on July 22, 1998, pursuant to Council Resolution 452-98, the Council does hereby determine to take no further action with respect to this matter A communication from Charles Tangora, Brashear, Tangora, Gallagher, Creighton & Amann, LLP, dated February 7, 2001, re withdrawal of a petition for Durresi Restaurant, was received and placed on file for the information of the Council (Petition 00-7-1-14) On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was 33021 CR 373-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 23, 2001, submitted pursuant to Council Resolution 890-00, and a communication from the City Planning Commission, dated September 20, 2000, which sets forth its resolution 9-174-2000 adopted on September 19, 2000, with regard to Petition 00-7-1-14, submitted by Brashear, Tangora and Spence, LLP, on behalf of Durresi Restaurant, for a change of zoning of property located on the west side of Newburgh Road, north of Joy Road, in the Southeast 1/4 of Section 31, from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on November 29, 2000, pursuant to Council Resolution 749-00, the Council does hereby determine to take no further action based upon the fact that the request has been withdrawn by the petitioner by letter dated February 7, 2001 On a motion by Duggan, seconded by Walsh, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 23, 2001, submitted pursuant to Council Resolution 297-01, and communications from the Steven J Schafer, Phoenix Land Development, dated March 21 and March 23, 2001, submitting a revised Landscape Plan in connection with Petition 99-12-2-32 to construct a Planned Residential Development (Bell Creek Square) on the southeast corner of Six Mile Road and Farmington Road (the former Ward Evangelical Presbyterian Church site) between Bloomfield Drive and Six Mile Road in the Northwest 1/4 of Section 15, the Council does hereby determine to take no further action with respect to this matter Walsh withdrew his support on the foregoing resolution Duggan then withdrew his motion on the foregoing The matter of revised site plans regarding landscaping and separation wall in connection with Petition 99-12-2-32 submitted by Phoenix Land Development to construct a Planned Residential Development (Bell Creek Square) on the southeast corner of Six Mile Road and Farmington Road (the former Ward Evangelical Presbyterian Church site) between Bloomfield Drive and Six Mile Road in the Northwest 1/4 of Section 15, was tabled until the next Regular Meeting of the City Council to be held on June 13, 2001 (CR 297-01) A communication from Phoenix Land Development, 32000 Northwestern Highway, Suite 145, Farmington Hills, MI 48334, dated May 24, 2001, re withdrawal of 33022 request to revise the landscaping plan, was received and placed on file for the information of the Council (Petition 99-12-2-32) A communication from the Inspection Department, dated May 25, 2001, re their investigation of the issues of weeds, debris and ingress/egress of Bloomfield Road relative to Bell Creek Square at Six Mile and Farmington Roads, was received and placed on file for the information of the Council (Petition 99-12-2-32) (CR 297-01) A representative from Phoenix Land Development was present at the meeting to answer questions Mr Mike Zatirka, 16831 Bell Creek Lane, Livonia, 48154, stated his preference for a wood wall over a brick wall, and wanted to know the location of the protective wall Ms Sandra Milis, 16772 Bloomfield, Livonia, 48154, inquired as to the status of the protective wall, and stated her preference for a brick wall Mr Robert Lipinski, 16799 Bell Creek Lane, Livonia, 48154 stated his unhappiness with Phoenix Land Development, and stated that they did not live up their promises Ms Takacs, 16557 Bell Creek Lane, Livonia, 48154 inquired if the landscape plan is withdrawn by petitioner, will this issue still be open Mr Kenneth Roberts, 16711 Bell Creek Lane, Livonia, 48154, also stated that Phoenix Land Development did not keep the promises made to residents, and he thanked Councilmember Laura for representing the residents' interests in this matter Councilmember Walsh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 27 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 99-1-1-1) 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 33023 Ordinance was placed on the table for consideration at the Regular Meeting of July 2, a 2001 Councilmember Duggan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Walsh, Duggan, Laura, Engebretson, Vandersloot and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Duggan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Walsh, Duggan, Laura, Engebretson, Vandersloot and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Duggan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTION D OF SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA 33024 SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result. AYES Walsh, Duggan, Laura, Engebretson, Vandersloot and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Council member Duggan left the podium at 9 20 p m due to a conflict of interest. Councilmember Laura took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 11 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 00-12-1-23) A roll call vote was taken on the foregoing Ordinance with the following result. AYES Walsh, Laura, Engebretson, Vandersloot and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Engebretson, seconded by Walsh, and unanimously adopted, it was CR 374-01 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 2001, which transmits its resolution 4-65-2001 adopted on April 24, 2001, with regard to Petition 01- 3-8-14 submitted by Leo Soave, requesting site plan approval in connection with a proposal to construct a condominium development on property located on the north side of Joy Road between Newburgh Road and Wayne Road in the Southwest 1/4 of Section 32, pursuant to the 33025 provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 01-3-8-14 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet S-1 dated February 14, 2001, prepared by Architecturally Speaking, is hereby approved and shall be adhered to, 2 That the Landscape Plan dated April 16, 2001, as revised, prepared by Architecturally Speaking, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Building Elevation Plans as received by the Planning Commission on March 13, 2001 , are hereby approved and shall be adhered to, except for the fact that the first floor of each building shall be constructed out of brick on all four sides and that the chimneys will be brick, 6 That the brick used in the construction shall be full-face four (4") inch brick, no exceptions, 7 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals tor deficient rear yard setback and any conditions related thereto, 8 That the Entrance Marker Application, as shown on the approved Landscape Plan, is hereby approved and shall be adhered to, 9 That the brick used in the construction of the Entrance Marker shall be the same brick used in the construction of the condominiums, 10 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 11 That a sidewalk shall be installed along the length of Joy Road, as required by the Engineering Division 33026 Councilmember Duggan returned to the podium at 9 23 p m A communication from the Engineering Division, dated May 17, 2001, re Stamford Avenue S.A.D and the fact that each additional inch of asphalt would raise the assessment rate by an estimated $5 00 per assessable foot, was received and placed on file for the information of the Council (CR 204-01) A communication from Crabill & Company, 33640 Schoolcraft, Livonia, 48150, dated May 1, 2001, re their request for exemption from any improvements to Stamford Avenue because they do not use this street for any purpose, was received and placed on file for the information of the Council (CR 204-01) On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 375-01 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 19, 2001, 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 Wednesday, May 9, 2001, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) Accept and approve said statement in all respects, (2) Determine to make the road improvement consisting of 4" thick asphalt pavement, 22 feet wide, with no curbs and roadside swales (Alternate IV) on Stamford Avenue, north of Schoolcraft Road, in the Southeast 1/4 of Section 21, T 1 S , R 9 E , 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 March 19, 2001, 33027 (4) Determine that the estimated cost of such improvement is $194,212 00, (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 ($16,405 48) and 100% of drainage ($84,842 00) and that the balance of said cost and expense of said public improvement amounting to 85% ($92,964 52) 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 assessments made for such improvement may be paid in fifteen (15) 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 Southeast 1/4 of Section 21, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as containing the property listed on the attached Special Assessment District Map (9) That the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels 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 and 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 the 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 33028 A communication from the Office of the Treasurer, dated June 1, 2001, re property owner having paid charges connected with the 1998 Sidewalk Program, trim Contract 98-C, and asking that this subject matter to be removed from the Council agenda, was received and placed on file for the information of the Council (CR 193-01 and CR 410-98) On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 376-01 RESOLVED, that the subject matter of placing a special assessment upon referenced property whose owner has not paid charges connected with the 1998 Sidewalk Program, Contract 98-C, Single Lot Assessments, the Council does hereby determine to take no further action based upon the fact that the property owner has paid such charges A communication from the Office of the Treasurer, dated June 1, 2001, re a list of property owners that have unpaid charges related to the Single Lot Assessments for the 2000 Miscellaneous Sidewalk Program, was received and placed on file for the information of the Council (CR 194-01) On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 377-01 RESOLVED, that having considered a communication from the City Treasurer dated June 1, 2001, regarding the replacement of sidewalks in the City of Livonia on the following parcels in the following amounts Parcels of property and assessment, as outlined in the Treasurer's letter dated June 1, 2001, is included herein by reference, which work was done pursuant to Council Resolution 210-00 and in accordance with the provisions of Section 12 04 340 of the Livonia Code of Ordinances, Title 12, Chapter 4 and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the 33029 giving of such notice with such charges remaining unpaid, the Council does hereby pursuant to the provisions of Section 3 08 150 of the Livonia Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a special assessment is placed upon such property for said charges, FURTHER, the Council does hereby authorize installment payments in the number of three (3) installments at 6% interest where assessments exceed $400 and the property owner has requested such installments, FURTHER, the Council does hereby request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assessment roll of the City, and where payments herein authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable therewith on the next general tax roll, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Laura, seconded by Duggan, and unanimously adopted, it was CR 378-01 RESOLVED, that having considered a letter from Laurie Daignault, Tax Manager, Roush Industries, Inc , dated May 22, 2001, in connection with the request to establish an Industrial Development District for property located at 12011 Market Street, Livonia, Michigan 48150, the Council does hereby repeal and rescind Council Resolution 285-01 A communication from the Engineering Division, dated May 31, 2001, re their recommendation to deny the request of Mr and Mrs David Cunningham to remove existing sidewalks on the side of their property at 17558 Stamwich, was received and placed on file for the information of the Council (2001 Sidewalk Program) On a motion by Laura, seconded by Duggan, it was RESOLVED, that having considered a letter from Mr and Mrs David Cunningham, dated May 21, 2001, requesting to waive the sidewalk requirement to allow them to permanently remove the existing sidewalk on the north side of their property located at 17558 Stamwich which is required under the 2001 Sidewalk Program, the Council does hereby deny this request. I. 33030 On a motion by Duggan, seconded by Vandersloot, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a letter from Mr and Mrs David Cunningham, dated May 21, 2001, requesting to waive the sidewalk requirement to allow them to permanently remove the existing sidewalk on the north side of their property, on the east side of their driveway only, located at 17558 Stamwich which is required under the 2001 Sidewalk Program, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties, provided that the petitioner shall install topsoil and sod in place of the removed sidewalk, and petitioner agrees to reinstall sidewalk at the request of the City of Livonia if the park site to the east is improved for pedestrian use A roll call vote was taken on the motion to substitute as follows AYES Walsh, Duggan, Engebretson, Vandersloot and Brosnan NAYS Laura The President declared the motion to substitute adopted A roll call vote was then taken on the substitute resolution by Duggan, seconded by Engebretson, as follows CR 379-01 RESOLVED, that having considered a letter from Mr and Mrs David Cunningham, dated May 21, 2001, requesting to waive the sidewalk requirement to allow them to permanently remove the existing sidewalk on the north side of their property, on the east side of their driveway only, located at 17558 Stamwich which is required under the 2001 Sidewalk Program, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties, provided that the petitioner shall install topsoil and sod in place of the removed sidewalk, and petitioner agrees to reinstall sidewalk at the request of the City of Livonia if the park site to the east is improved for pedestrian use AYES Walsh, Duggan, Engebretson, Vandersloot and Brosnan NAYS Laura The President declared the resolution duly adopted 33031 On a motion by Laura, seconded by Engebretson, and unanimously adopted, it was CR 380-01 RESOLVED, that the Council does hereby refer the subject matter of future use of a park site to the east of property located at 17558 Stamwich to the Administration for a report and recommendation for the consideration of the Council, such report to be completed prior to the next Council meeting On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was CR 381-01 RESOLVED, that having considered the report and recommendation of the Department of Law, dated May 10, 2001, approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Overhead Easement (Right-of-Way) No RFW 340027SRW5, which would grant an overhead easement to the Detroit Edison Company across the following described City-owned property (landfill parcel) located in the Northeast 1/4 of Section 27 Detroit Edison RFW No. 340027SRW5 PART OF THE NORTHEAST 1/4 OF SECTION 27, T 1 S , R. 9 E , BEG N 0°2620" E 49 50' AND S 89°29'50" E 143' FROM CEN 1\4 COR OF SEC 27 TH N 0°6'20" E 1214 71' TH S 0°7'30" E 200' TH N 0°6'20" E 65 0' TH S 89°22'10" E 1340 13' TH S 0°7'30" E 400 0' TH S 89°22'10" E 150 0' TH S 0°7'30" E 351 06' TH N 89°29'50" W 977 36' TH S 0°7'30" E 30 0' TH N 89°29'50" W 50 39' TH S 0°7'30" E 494 93' TH N 89°29'50" W 667 49' TO POB LAND FILL. AKA 46-105- 99-0043-004 (Glendale Avenue - Ottawa Substation) During the Audience Communication portion of the agenda, Jim Szkrybalo thanked Councilmember Walsh for his years of service on the City Council Councilmember Walsh is thankful for all the nice words that have been sent his way by residents and constituents since he announced that he is not running for re-election and is devoting this time to his family On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, this 1,442nd Regular Meeting of the Council of the City of Livonia was adjourned at 9 47 p m , June 4, 2001 )972, (Ian McCotter, City Clerk