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HomeMy WebLinkAboutCOUNCIL MINUTES 2001-07-02 33055 MINUTES OF THE ONE THOUSAND FOUR HUNDRED FORTY-FOURTH REGULAR MEETING OF JULY 2, 2001 On July 2, 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 Duggan delivered the invocation Roll was called with the following result. Brian Duggan, Joe Laura, Jack Engebretson, Val I Vandersloot, John Walsh, John Pastor, and Maureen Miller Brosnan Absent: None 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, Mike Slater, Director of Finance, Karen Szymula, Director of Legislative Affairs, Jeanne Treff, Administrative Assistant — Cable TV Division, and Ian Wilshaw, Traffic Commission On a motion by Duggan, seconded by Pastor, it was CR 408-01 RESOLVED, that the minutes of the 1,443rd Regular Meeting of the Council held June 13, 2001 are hereby approved as submitted A roil call vote was taken on the foregoing resolution with the following result: AYES Duggan, Laura, Engebretson, Walsh and Pastor NAYS None PRESENT Vandersloot and Brosnan The President declared the resolution duly adopted A communication from the Department of Finance, dated June 20, 2001, re forwarding various financial statements of the City of Livonia for the month ending May 31, 2001, was received and placed on file for the information of the Council 33056 A communication from the Department of Public Service, dated June 26, 2001, re a revision to the proposed amendment to the Solid Waste/Recycling Contract, lair and requesting Council take no further action on a June 6, 2001 letter from Public Service requesting this amendment, was received and placed on file for the information of the Council (Agenda Item 26) (CR 452-00 & 551-00) A copy of a paid invoice for false alarm billings submitted by the Finance Department, Accounts Receivable, re Cambridge Center West, 39209 Six Mile Road, Suite 111, Livonia, 48152, was received and placed on file for the information of the Council (Petition 1-5-8-17) (Agenda Item 32) A communication from Dennis M Tap, 14175 Stamford, Livonia, 48154 re suggestions which would make the SPREE celebration more compatible with the surrounding neighborhood on Stamford and Perth Streets, was received and placed on file for the information of the Council (Agenda Item 33) On a motion by Duggan, seconded by Pastor, it was CR 409-01 RESOLVED, that having considered an application from Ken Harb, 16788 Westbrook Drive, dated May 29, 2001, requesting permission to close Westbrook Drive between Whitcomb and Mallory on Saturday, August 25, 2001, from 12 00 p m to 10 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 Sunday, August 26, 2001, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 410-01 RESOLVED, that having considered an application from Rob Jurczyszyn and Tim McGillivary, 16652 Country Club, dated May 28, 2001, requesting permission to close Country Club between 16652 Country Club and Grove on Saturday, July 14, 2001, from 4 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. 33057 CR 411-01 RESOLVED, that having considered an application from Annemarie Posh, 9301 Woodring, dated June 11 , 2001 , requesting permission to close Woodring between Vermont and Oregon on Saturday, August 11, 2001, from 2 00 p m to 10 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 Sunday, August 12, 2001, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 412-01 RESOLVED, that having considered an application from Amanda M DellaSavia, 34367 Capitol, dated May 29, 2001, requesting permission to close Capitol and Brewster between Stark Road and Beacon on Saturday, August 11, 2001 , from 12 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 413-01 RESOLVED, that having considered an application from Brian Huntoon, 18417 Foch, dated June 4, 2001, requesting permission to close Foch between Pickford and Clarita on Saturday, July 28, 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, including therein permission to conduct the said affair on Saturday, August 4, 2001, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 414-01 RESOLVED, that having considered an application from Carolyn Wagner, 30878 Robert Drive, dated June 15, 2001, requesting permission to close Robert Drive between Denne and Sunset on Saturday, August 4, 2001, from 12 00 p m to 10 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, August 11, 2001 , in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 415-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated June 20, 2001, approved for submission by the Mayor, to which is attached a letter from McClanahan Builders, Inc , dated June 11, 2001, requesting elimination of the sidewalk requirement in front of the new residence located at 10320 Laurel in the Southwest 1/4 of Section 33, 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 at this time due to lack of any other public sidewalks existing within the neighboring area and the location of any 33058 proposed sidewalk would conflict with three large trees which currently exist. CR 416-01 RESOLVED, that having considered a letter from Kenneth Hunt, 19006 Stamford, dated June 12, 2001, requesting to relocate the utility easement from its present location on the south side of Lots 7-13 and the north side of Lot 380 in the Seven Mile Super Highway Subdivision to Lot 381 on Myron in order to expand Hunt's Ace Hardware store located in the Northwest 1/4 of Section 9, the Council does hereby refer this matter to the Engineering Division for its report and recommendation A communication from the Office of the City Clerk, dated June 1, 2001, re tax rate for the Schoolcraft Community College District for the year 2001 to be collected as a summer tax, was received and placed on file for the information of the Council A communication from the Office of the City Clerk, dated June 14, 2001, re tax rate for the Oakland School District for the year 2001as approved by the Board of Education of Oakland Schools on June 12, 2001, was received and placed on file for the information of the Council A communication from the Office of the City Clerk, dated June 14, 2001, re tax rate for the Wayne County Regional Educational Service Agency (RESA) for the year 2001 to be collected as a summer tax with their two (2) millage rates identified separately, was received and placed on file for the information of the Council CR 417-01 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated May 31, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding emergency repairs to Aerial Ladder Truck 1, the Council does hereby authorize payment to be made in an amount not to exceed $60,000 00 to Sutphen Corporation, 7000 Columbus Marysville Road, P 0 Box 0158, Amlin, Ohio 43002-0158, for work performed in connection with such emergency repairs, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $60,000 00 from Account No 101-338-939-100 (Vehicle Maintenance - Contractual)for this 33059 purpose, FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D1 of the Livonia Code of Ordinances, as amended CR 418-01 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated May 30, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby determine that the City-owned 1988 Chevrolet Road Rescue Ambulance formerly used by the Fire Department is considered surplus property and does hereby authorize the disposal of such equipment by donating same to the Wayne County Emergency Management Division as recommended in the aforesaid communication, FURTHER, the council does hereby determine that the city-owned 1990 Ford Crown Victoria formerly used by the Fire Department is considered surplus property and does hereby authorize the sale of such vehicle through Midwest Auto Auction and Service, Inc , 14666 Telegraph Road, Detroit, Michigan 48239, FURTHER, the proceeds of the sale of such vehicle shall be deposited to Account No 101-000-680-000, Sale of Fixed Assets CR 419-01 RESOLVED, that having considered the report and recommendation of the Livonia Cable Television Commission, dated June 14, 2001, which bears the signature of the Director of Finance, is approved by the Director of Community Resources and approved for submission by the Mayor, which transmits Resolution No 285-01 adopted by the Livonia Cable Television Commission which recommends the purchase of an Avid edit system for use by the Cable Division, the Council does hereby authorize the purchase of an Avid edit System from Roscor, 27280 Haggerty Road, Suite C2, Farmington Hills, Michigan 48331, in an amount not to exceed $45,000 00 for the equipment (including hardware and software) and the installation, orientation and integration of the system with existing equipment, the same to be expended from funds already budgeted in the 2000-2001 Cable Division Budget (Account No 297-751-882-010) for this purpose, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 420-01 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated June 15, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quotation submitted by DSS Corporation, 25657 Southfield Road, Southfield, Michigan 48075, for 33060 providing a new radio/telephone recording system for the Police Department in connection with the new Mobile and Stationary Information System in the amount of $37,277 00, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $37,277 00 from funds already budgeted in the Capital Improvement Fund Account No 401-000- 976-028 for this purpose, FURTHER, the Council does hereby authorize such purchase without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A communication from the Department of Finance, dated May 11, 2001, - Administrative Response - re projected expenses and sources of funding for updating the City Charter, was received and placed on file for the information of the Council (CR 238-01) A communication from the Department of Law, dated May 16, 2001, - Administrative Response — re persons eligible to serve on the City Charter Revision Commission, and its opinion that members of City Boards and/or Commissions are ineligible to serve on the City Charter Revision Commission, was received and placed on file for the information of the Council (CR 239-01) A communication from the Department of Law, dated May 23, 2001 - Administrative Response — re limiting the scope of changes to the City Charter to include only language updates and technical corrections, was received and placed on file for the information of the Council (CR 240-01) A communication from the Department of Law, dated May 23, 2001, - Administrative Response — re voter approval of revisions to the City Charter in multiple phases, was received and placed on file for the information of the Council (CR 241-01) A communication from the Department of Law, dated May 29, 2001 - Administrative Response — re possible alternate methods of amending the City Charter, was received and placed on file for the information of the Council (CR 242-01) 33061 CR 421-01 RESOLVED, that having considered the report and recommendation of the Department of Law, dated May 29, 2001, approved for submission by the Mayor, submitted pursuant to Council Resolution 242-01, regarding possible alternate methods of amending the City Charter, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation A communication from the Department of Law, dated June 4, 2001, - Administrative Response — re request for amendments to Greenbelt Ordinance to require the submission of a landscape plan and to establish a timeframe for completion of the proposed greenbelt, was received and placed on file for the information of the Council (CR 367-01 and CR 785-99) (Petition 99-10-GB-9) CR 422-01 RESOLVED, that having considered the report and recommendation of the Department of Law, dated June 4, 2001, approved for submission by the Mayor, submitted pursuant to Council Resolution 367-01, regarding a proposed amendment to Zoning Ordinance No 543, as amended, to require the submission of a landscape plan with all future greenbelt petitions and to establish a time certain for completion of the proposed greenbelt improvements, the Council does hereby determine to take no further action with respect to this matter A communication from the Department of Law, dated June 14, 2001, - Administrative Response — re proposed amendments to Zoning Ordinance No 543 regarding outdoor sales and displays on commercial property, was received and placed on file for the information of the Council (CR 395-01) CR 423-01 RESOLVED, that having considered a communication from Department of Law, dated June 14, 2001, approved for submission by the Mayor, submitted pursuant to Council Resolution 395-01, which submits proposed amendments to Sections 10 02 and 10 03 of Article X and Section 11 02 of Article XI of Zoning Ordinance No 543, as amended, regarding outdoor sales and displays on commercial property, and in accordance with the provisions set forth in Section 23 01(a) of the Livonia Zoning Ordinance, the Council does hereby determine to refer to and request that the City Planning Commission conduct a public hearing on the question of whether such amendments should be made, and thereafter submit a report and recommendation to Council 33062 CR 424-01 RESOLVED, that having considered the report and recommendation of the Department of Law, dated June 13, 2001, approved for submission by the Mayor, and the report and recommendation of the Director of Public Works and the City Engineer, dated June 19, 2001, approved for submission by the Mayor, to which is attached a letter from Soave Homes, Inc., dated May 17, 2001, the Council does hereby amend and revise Council Resolution 921-00 so as to have the same read as follows RESOLVED, that having considered a communication from the City Planning Commission, dated November 27, 2000, which transmits its resolution 11-200-2000 adopted on November 21, 2000, with regard to Petition 00-10-8-17, submitted by Michael Soave Homes, on behalf of Garden Grove Condominiums, requesting site plan approval in connection with a proposal to construct a condominium development on property located at 28974 Five Mile Road in the Southwest 1/4 of Section 13, 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 00-10-8- 17 is hereby approved and granted, subject to the following conditions. 1 That the Site Plan marked Sheet 1 dated October 25, 2000, prepared by Arpee/Donnan, Inc., is hereby approved and shall be adhered to, 2 That the existing driveway off Five Mile Road shall be removed, the opening along the roadway shall be curbed, and the evacuated area shall be filled and sodded, 3 That the Landscape Plan marked Sheet 1 dated October 24, 2000, prepared by Arpee/Donnan, Inc , is hereby approved and shall be adhered to, 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 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, 6 That the Exterior Building Elevation Plan submitted by Michael Soave Homes, Inc , as received by the Planning Commission on November 2, 2000, is hereby approved and shall be adhered to provided that the brick shall extend to the bottom of the second floor on all four (4) sides, 33063 7 That the brick used in the construction shall be full-face four (4") inch brick, no exceptions, 8 That the grading of this site shall be to the satisfaction of the Engineering Division, 9 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 10 That the petitioner shall include language in the Master Deed or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owner's property pro-rata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within 30 days of billing for the City of Livonia. CR 425-01 WHEREAS, Chapter 7 of the Wayne County Storm Water Management Ordinance, Enrolled Ordinance No 2000-652 (October 23, 2000) ("Wayne County Ordinance"), requires storm water management systems to be maintained in perpetuity to ensure that the systems function properly as designed, WHEREAS, Rule 801 of the Wayne County Storm Water Management Administrative Rules ("Administrative Rules") requires applicants for storm water construction approval to submit long-term maintenance plans as part of an application for storm water construction approval, WHEREAS, Soave Homes, Inc ("Developer") has applied to the Wayne County Department of Public Services for a storm water construction approval with respect to a project named Garden Grove Condominiums ("Project") located at the northeast corner of Five Mile Road and Garden in the City of Livonia, WHEREAS, the Developer's application for storm water construction approval has been assigned permit review number R01-212, WHEREAS, the Developer submitted a plan to the County and City of Livonia entitled Storm Maintenance Schedule ("Plan") for long-term maintenance of the storm water management system at the Project pursuant to Rule 801, which Plan has been tentatively approved by the 33064 County pending issuance of this resolution and has been accepted by the City of Livonia, and WHEREAS, the City of Livonia has agreed to assume jurisdiction and accept responsibility for long-term maintenance of the storm water management system at the Project in perpetuity; NOW THEREFORE BE IT RESOLVED, that the City of Livonia assumes jurisdiction over and accepts responsibility for long-term maintenance of the storm water management system at the Project pursuant to the Wayne County Ordinance, the Administrative Rules, the Plan, and the storm water construction approval issued by Wayne County; BE IT FURTHER RESOLVED that approval be and is hereby granted, authorizing the City Engineer to execute, on behalf of the City of Livonia, Permit No R01-212 for long-term maintenance of the storm water management system issued by Wayne County for the Project; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Department of Public Services CR 426-01 RESOLVED, that having considered a communication from the Water and Sewer Board, dated June 13, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits its resolution WS 3365 06/01, the Council does hereby authorize the purchase of one (1) 2001 Sterling cab and chassis mounted with a Vactor Model 2114-J6F from Jack Doheny Supplies, Inc , 777 Doheny Court, Northville, Michigan 48167, for the Public Service Division (Water and Sewer Maintenance Section) for a net price of $167,265 00, based on a total price of $252,265 00 less trade-in of $85,000 00, the same to be expended from funds already budgeted for this purpose in Water and Sewer Capital Outlay Account No 592-000- 142-000 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 County of Wayne bid price, 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 427-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Assistant Superintendent of Public Service, dated June 13, 2001, 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 Work 'N Gear, 34694 Warren, Westland, Michigan 48185, for supplying the Department of Public Works with employee uniform items at the unit prices shown in the attachment, for a total estimated price of $23,065 50, the same having 33065 been in fact the lowest bid received and meets all specifications, FURTHER, in the event the items are not available from the aforesaid low bidder, the Council does hereby accept the bid of Allie Bros , Inc , 20295 Middlebelt Road, Livonia, Michigan 48152, which also meets specifications, as an alternate for supplying the Department of Public Works with employee uniform items at the unit prices shown in the attachment, for a total estimated price of $32,124 05, and the bid of Austin Industrial Uniform, Inc is hereby rejected for the reasons listed in the aforesaid communication CR 428-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated June 6, 2001 , which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting to amend the Solid Waste/Recycling Contract with Waste Management of Michigan, Inc., to provide for the addition of clay to the Livonia Landfill and to authorize Waste Management of Michigan, Inc. to deliver approved clay for the closure operation of the Livonia Landfill, the Council does hereby determine to take no further action with respect to this matter CR 429-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated June 13, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Scodeller Construction, Inc , P 0 Box 448, South Lyon, Michigan 48178, for completing all work required in connection with Proposal "A" (Hot Poured Rubber) for the 2001 Pavement Crack and Joint Sealing Program (Contract 01-D), for the estimated total cost of $166,910 00, and does hereby authorize the expenditure of the sum of $166,910 00 from funds already budgeted in Account No 203-463- 818-117 for this purpose, FURTHER, the Council does hereby accept the unit price bid of Michigan Joint Sealing, Inc , 30301 Navin, Livonia, Michigan 48152, in connection with Proposal "B" (Overband) for this program for the estimated total cost of $86,000 00, and does hereby authorize an expenditure in the amount of $1,000 00 from funds already budgeted in Account No 202-463-818-117 (Major Roads) and an expenditure in the amount of $53,090 00 from funds already budgeted in Account No 203-463-818-117 (Local Roads) for this purpose, FURTHER, the Council does hereby appropriate and authorize an additional expenditure in the amount of $31,910 00 from the Unexpended Fund Balance of the Michigan Transportation Fund (Local Road Account) for this purpose, FURTHER, the foregoing amounts are based upon the Engineering Division's estimate of units involved, and are subject to final payments based upon the actual units completed in accordance with the unit prices accepted herein, said estimated costs and unit prices having 33066 been in fact the lowest bids received for this item, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute contracts with the aforesaid bidders and to do all other things necessary or incidental to the full performance of this resolution CR 430-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated June 15, 2001, which bears the signature of the Director of Finance, is approved by the Chairman of the Water and Sewer Board and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Hard Rock Concrete Co , Inc , 38146 Abruzzi Drive, Westland, Michigan 48185, for completing all work required in connection with the 2001 Concrete Pavement and Catch Basin Repair Program (Contract 01- E), including repair of pavements damaged due to water main breaks at various locations throughout the City, for the estimated total cost of $1,175,425 00, based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize expenditures in the amount of $15,425 00 from Account No 592-559-818-000 (Water and Sewer Contractual Services), $525,000 00 from the Michigan Transportation Fund (Major Road Account) and $635,000 00 from the Michigan Transportation Fund (Local Road Account) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 431-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated June 15, 2001, which bears the signature of the Director of Finance, is approved by the Chairman of the Water and Sewer Board and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Troelsen Excavating Company, 1395 Rochester Road, Troy, Michigan 48083, for completing all work required in connection with the 2001 Water System Improvements Project, for the estimated total cost of $256,600 00, based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $256,600 00 from Account No 33067 592----158-000 (Construction-in-Progress) for this purpose with reimbursement from the 2000 bond proceeds, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 432-01 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 2001, which transmits its resolution 5-78-2001 adopted on May 8, 2001, with regard to Petition 01- 2-3-1, submitted by Thomas and Sherry Louisignau, requesting the vacating of a 12 foot wide easement running east and west on the south border of the property located 11446 Loveland, Lot 1638 of the Rosedale Gardens No 9 Subdivision, in the Northwest 1/4 of Section 34, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 01-2-3-1 is hereby approved and granted, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution CR 433-01 RESOLVED, that having considered a communication from the City Planning Commission, dated May 30, 2001, which transmits its resolution 5-86-2001 adopted on May 22, 2001, with regard to Petition 01- 4-GB-3, submitted by Charles Towne Offices, LLC, 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 on the south side of Eight Mile Road between Gill Road and Ellen Drive (34441 Eight Mile) in the Northwest 1/4 of Section 4, the Council does hereby concur in the recommendation of the Planning Commission and Petition 01-4-GB-3 is hereby approved and granted, subject to the following conditions 1 That the landscaped greenbelts along the east and south property line, as shown on the Site Plan marked L1 by Michael Boggio Associates, as received by the Planning Commission on April 18, 2001, shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 2 That the landscaped greenbelt along the west property line is hereby temporarily denied until such time that the abutting property to the west is developed, at which time the owner of the property shall have the option of either erecting the required protective wall or coming back before the Planning Commission and City Council for a permanent wall waiver; 33068 3 That a variance temporarily waiving the wall along the west property line shall be obtained from the Zoning Board of Appeals, and 4 That if there is any change of circumstances in the areas containing the greenbelts 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 CR 434-01 RESOLVED, that having considered a communication from the City Planning Commission, dated May 25, 2001, which transmits its resolution 5-85-2001 adopted on May 22, 2001, with regard to Petition 01- 5-8-17 submitted by James Blain, on behalf of Cambridge Center West, requesting site plan approval in connection with a proposal to construct an addition to the office building located on the southeast corner of Six Mile Road and Haggerty Road (39209 Six Mile) in the Northwest 1/4 of Section 18, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 01-5-8-17 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet A-1 dated August 21, 2000, as revised, prepared by James Blain Associates, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L-1, dated April 9, 2001, prepared by Russell Design, 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 Plan marked Sheet A4 1 dated August 21 , 2000, as revised, prepared by James Blain Associates, is 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, 33069 7 That all onsite dumpsters shall be enclosed and the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building, and the enclosure gates shall be maintained and when not in use, closed at all times, 8 That all light standards shall be shielded from the adjacent properties and shall not exceed 20 feet in height; 9 That the petitioner shall correct to the Fire Department's satisfaction the following as outlined in the correspondence dated May 14, 2001 - That fire lanes shall be established to provide emergency access to and around Cambridge Center West; - That fire lanes shall meet the wall-to-wall turning radius requirements and shall satisfy the requirements of the City of Livonia Fire Lane Ordinance #1429, 10 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated May 17, 2001 That the entire parking lot shall be repaired, resealed and double striped, - That all handicap spaces shall be identified and comply with the Michigan Barrier Free Code, 11 That the 64 square foot wall sign, as shown on the Sign Plan marked Sheet A4 1, dated May 7, 2001, prepared by James Blain Associates, is hereby approved and shall be adhered to, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 12 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and excess signage and any conditions related thereto, 13 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 14 That the items mentioned by the Police Department and their requirements shall be adhered to air/ 33070 - That stop signs shall be installed at the exits to Haggerty; - That the parking lot needs proper illumination, there currently appears to be only three (3) lights poles in the area of the proposed addition, and - That three additional handicap spaces are required based upon a total of 308 spaces, which require five (5) handicap spaces Handicap spaces must be individually signed as required by City ordinance CR 435-01 RESOLVED, that having considered a request from Council President Maureen Miller Brosnan, the Council does hereby refer the matter of the encroachment of SPREE activities onto residential properties on Stamford Street and Stark Road to the Mayor for a report and recommendation CR 436-01 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Thomas C Rauch, Kemp, Klein, Umphrey & Endelman, on behalf of International Paper Company, dated June 11, 2001, covering new industrial facilities to be located within City of Livonia Industrial Development District 72, 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 Application to the legislative bodies of the governmental units deriving property taxes from the property that 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 this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, August 6, 2001, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, August 6, 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 Application CR 437-01 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 33071 Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, September 12, 2001, at 7 00 pm at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 01-4-1-5, submitted by Michael L Soave for a change of zoning of property located on the south side of Seven Mile Road, east of Brookfield Avenue, in the Northwest 1/4 of Section 10, from RUFC to R-3, the City Planning Commission in its resolution 6-90-2001 having recommended to the City Council that Petition 01-4-1-5 be denied, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by 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 ism performance of this resolution CR 438-01 RESOLVED, that having considered a communication from John J Doyle, Doyle Group Attorneys, PC , dated June 18, 2001, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on June 12, 2001, by the City Planning Commission in its resolution 6-91-2001 with regard to Petition 00-10-2-31 submitted by Rite Aid of Michigan, Inc., requesting waiver use approval to utilize an SDD liquor license in connection with its pharmacy business located on the south side of Eight Mile Road, between Merriman Road and Milburn Avenue, in the Northwest 1/4 of Section 2, which property is zoned C-2, the Council does hereby designate Wednesday, August 8, 2001, at 7 00 p m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia REVISED 33072 CR 439-01 RESOLVED, that having considered a communication from Jill A. Bankey, Abbott, Nicholson, Quilter, Esshaki & Youngblood, P C , dated June 15, 2001, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on June 12, 2001, by the City Planning Commission in its resolution 6-92-2001 with regard to Petition 01-4-2-8, submitted by Badri Yono, requesting waiver use approval to utilize an SDD liquor license in an existing business (Plymouth Food Store) located on the north side of Plymouth Road, between Cavell and Arcola Avenues, in the Southeast 1/4 of Section 25, which property is zoned C-2, the Council does hereby designate Wednesday, August 8, 2001, at 7 00 p m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia A roll call vote was taken on the foregoing resolutions with the following result: AYES Duggan, Laura, Engebretson, Vandersloot, Walsh, Pastor and Brosnan NAYS None A communication from Steven Schafer of Phoenix Land Development, 32000 Northwestern Highway, Suite 145, Farmington Hills, 48334, dated June 29, 2001, re Rosedale Town Square and requesting that this matter be placed on the next possible Committee of the Whole meeting for purposes of discussing the final details for the development, was received and placed on file for the information of the Council (Petitions 99-1-1-1, 99-4-2-13 and 99-2-8-8) On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was CR 440-01 RESOLVED, that considering the request of Phoenix Land Development, regarding a change of zoning of property located on the east side of Farmington Road, between Plymouth Road and Capitol Avenue in the Southwest '/4 of Section 27 from C-2 and M-1 to R-8C REVISED 33073 (General Business and Light Manufacturing to Condominium High Rise Multiple Family Residential District), and this proposed amendment having been given a First Reading by Councilmember Walsh at the June 4, 2001 Regular Meeting, the Council does hereby refer this subject matter to the Committee of the Whole for a report and recommendation (Petition 99-1-1-1) (CR 306-01) It was also determined that CR 254-99, pursuant to Petition 99-2-8-8, requesting Site Plan approval to construct commercial buildings at 33330 Plymouth Road, and CR 196-01, pursuant to Petition 99-4-2-13, requesting waiver use approval to construct a Planned Residential Development (Rosedale Town Square) on the east side of Farmington Road, north of Plymouth Road, are to remain in the Committee of the Whole A communication from Therese McBride, 30414 Wentworth, Livonia, 48154 and Kenneth Stefanski, 30420 Wentworth, Livonia, 48154 re their request to withdraw their proposal to combine and divide Tax Items Nos 46-055-01-0079-000 and 46-055-01-0080-000 into 3 parcels, was received and placed on file for the information of the Council (CR 243-01) On a motion by Laura, seconded by Pastor, and unanimously adopted, it was CR 441-01 RESOLVED, that having considered the letter from Therese McBride, 30414 Wentworth, Livonia, 48154 and Kenneth Stefanski, 30420 Wentworth, Livonia, 48154 regarding their request to withdraw their proposal to combine and divide Tax Items Nos 46-055-01-0079-000 and 46-055-01-0080- 000 into 3 parcels, the Council does hereby determine to take no further action on this subject matter A communication from Dan and Margit Ryan, received at the Streets, Roads and Plats Committee meeting on June 25, 2001, re a proposed combination and lot split at 31627 Norfolk Street, was received and placed on file for the information of the Council (CR 255-01) Two photographs from Dan and Margit Ryan, received at the Streets, Roads and Plats Committee meeting on June 25, 2001, re proposed lot combination and split for property located at 31627 Norfolk, was received and placed on file for the information of the Council (CR 255-01) On a motion by Laura, seconded by Pastor, it was 33074 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 25, 2001, submitted pursuant to Council Resolution 255-01, and a time communication from the City Assessor, dated April 10, 2001, approved for submission by the Mayor, with regard to a request from Dan and Margit Ryan, 20338 Brentwood, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for combining and dividing Tax Item Nos 46-009-99-0013-001 and 46-009-99-0015-002 into two (2) parcels since the same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice A roll call vote was taken on the foregoing resolution with the following result AYES Duggan, Laura, and Pastor NAYS Engebretson, Vandersloot, Walsh and Brosnan The President declared the resolution failed On a motion by Laura, seconded by Engebretson, it was CR 442-01 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 25, 2001, submitted pursuant to Council Resolution 255-01, and a communication from the City Assessor, dated April 10, 2001, approved for submission by the Mayor, with regard to a request from Dan and Margit Ryan, 20338 Brentwood, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed combination and division of Tax Item Nos 46-009-99-0013-001 and 46-009-99-0015-002 into two (2) parcels, the legal descriptions of which shall read as follows PARCEL A Part of the Southeast 1/4 of the Northeast 1/4 of Section 3, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan more fully described as commencing at the East % corner of said Section 3, thence N 00° 01'29" E 1322 71 feet along the East line of said Section 3, thence S 89°58'00" W 525 69 feet along the centerline of Norfolk Avenue, thence S 00°00'06" W 25 00 feet to the South line of Norfolk Avenue and the point of beginning, thence S 00°00'06"W 140 32 feet; thence N 89°57'45" E 30 40 feet, thence S 00°00'06" W 165 42 feet, thence S 89°57'45" W 95 12 feet; thence N 00°00'18" E 305 74 feet to the South line of Norfolk Avenue, 33075 thence N 89°58'00" E 64 70 feet along the South line of Norfolk Avenue to the point of beginning Containing 0 570 acres PARCEL B Part of the Southeast 1/4 of the Northeast 1/4 of Section 3, T 1 S , R 9E , City of Livonia, Wayne County, Michigan more fully described as commencing at the East 1/4 corner of said Section 3, thence N 00° 01'29" E 1322 71 feet along the East line of said Section 3, thence S 89°58'00" W 590 39 feet along the centerline of Norfolk Avenue, thence S 00°00'18" W 25 00 feet to the South line of Norfolk Avenue and the point of beginning, thence S 00°00'18" W 305 74 feet; thence S 89°57'45" W 70 00 feet; thence N 00°00'18" E 305 75 feet to the South line of Norfolk Avenue, thence N 89° 58'00" E 70 00 feet along the South line of Norfolk Avenue to the point of beginning Containing 0 491 acres. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, subject to the following exceptions and/or conditions 1 That until a variance is granted by the Zoning Board of Appeals as to every nonconforming lot resulting from such split, none of said lots may be sold, leased or transferred, and 2 That the Petitioner will vacate the east fifteen (15') feet of the easement located on Parcel No 2, FURTHER, the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Engebretson, Vandersloot, Walsh and Brosnan NAYS Laura and Pastor The President declared the resolution duly adopted Dan Ryan, petitioner, was present at the meeting and stated that he had the support of his neighbors regarding the proposed lot split at 31627 Norfolk. Councilmember Duggan gave first reading to the following Ordinance 33076 AN ORDINANCDE AMENDING SUBSECTION (n) OF SECTION 18 50D OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 99-8-6-3) (CR 396-01) 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 Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTION (b) OF SECTION 18 50K OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 99-8-6-3) (CR 396-01) 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 Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 17 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 01-2-1-2) (CR 405-01) 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 Duggan took from the table, for second 33077 reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 9 03 OF ARTICLE IX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA CODE ZONING ORDINANCE" (Petition 01-1-6-1) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Duggan, Laura, Engebretson, Vandersloot, Walsh, Pastor and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from George P Butler, III, representing Livonia Public Schools, dated June 21, 2001, re their request to withdraw their petition to rezone property located on the west side of Cranston Avenue, between Orangelawn Avenue and West Chicago Road, as revised, to only include lots 1140 through 1146 of Rosedale Gardens No 4 Subdivision, was received and placed on file for the information of the Council (Petition 00-8-1-15) On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was CR 443-01 RESOLVED, that having considered the letter from George P Butler, Ill of Livonia Public Schools, regarding withdrawal of their request for a zoning change of property located on the west side of Cranston Avenue, between Orangelawn Avenue and West Chicago Road, as revised, to only include Lots 1140 through 1146 of Rosedale Gardens No 4 Subdivision, the Council does hereby determine to take no further action on this subject matter Jan Afonso, 9918 Hubbard, Livonia, 48150 stated that she is disappointed with the decision of the Livonia School Board to sell the school-owned property in Rosedale Gardens No 4 Subdivision (Petition 00-8-1-15) 33078 Tim Bailey, 9826 Cranston, Livonia, 48150 stated that he was not in favor of the Livonia School Board's sale of property in Rosedale Gardens No 4 Subdivision (Petition 00-8- 1-15) Susan Gibson, 9615 Hubbard, Livonia 48150 read a list of Livonia Public Schools' property that she believes could potentially be for sale (Petition 00-8-1-15) William Cook, 9911 Fairfield, Livonia, 48150 said that he did not want the property in question to be rezoned from Public Land to Residential (Petition 00-8-1-15) On a motion by Vandersloot, seconded by Engebretson, and unanimously adopted, it was CR 444-01 RESOLVED, that having considered a communication from Ken C Johnson, dated June 6, 2001, which in accordance with the provisions of Section 5 03 090 of the Livonia Code of Ordinances, as amended, takes an appeal from a determination made by the Livonia Police Department with regard to the denial of his application to renew a public vehicle license to operate a taxicab in the City of Livonia, and having considered the report and recommendation of the Chief of Police, dated June 20, 2001, approved by the City Attorney and approved for submission by the Mayor, the Council does hereby uphold the determination made by the Chief of Police and the request to renew a Public Vehicle License to Operate a Taxicab in the City of Livonia is hereby denied Ken C Johnson, 20712 Lyndon, Detroit, 48223, was present at the meeting to answer questions of the Council On a motion by Duggan, seconded by Engebretson, it was RESOLVED, that having considered a communication from the Director of Finance, dated June 8, 2001, approved for submission by the Mayor, with respect to the bids received for the sale of the City-owned property located at 19323 and 19337 Farmington Road (the former Fire Station No 3 site, Tax Item No 016-99-0020-000, and the adjacent residential parcel to the south, Tax Item No 016-99-0019-000, respectively), the Council does hereby reject all bids received on May 8, 2001, in connection with this item, FURTHER, the Council does hereby request that the bid process be repeated, and that the said property be posted with a "For Sale" sign for 30 days prior to taking bids, and that the Director of Finance prepare specifications and obtain competitive bids with no minimum bid price, which bids shall be accompanied by a deposit in the form of a money order or certified check which is equal to five (5%) percent of the bid price, and in the event of a default, the deposit is subject 33079 to forfeiture or liquidated damages, and all competitive bids shall thereafter be submitted to the Council for consideration A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan and Brosnan NAYS Laura, Engebretson, Vandersloot, Walsh and Pastor The President declared the resolution failed On a motion by Laura, seconded by Engebretson, it was CR 445-01 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated June 8, 2001, approved for submission by the Mayor, submitted pursuant to Council Resolution 225-01, and which submits competitive bids received in connection with the sale of City-owned property located at 19323 and 19337 Farmington Road, more particularly described as 19323 FARMINGTON ROAD — That part of the East 1/2 of the SE 1/4 of Section 4, T1 S , R9E , described as beginning at a point on the East line of said Section distance N OD OOM 50 Sec West along said line 825 00 feet from the Southeast corner of Section 4 and proceeding thence South 89D 57M 10 Sec West 276 20 feet, thence N OD OOM 50 Sec West 75 0 feet thence North 89D 57M 10 Sec East 276 20 feet to the East line of Section 4 thence South OD OOM 50 Sec East along said line 75 0 feet to the point of beginning exc the East 60 feet thereof 0 38 acres Sidwell #46-016-99-0020-000 19337 FARMINGTON ROAD — Part of East 1/2 of SE 1/4 of Section 4 T1 S , R9E , beginning North OD OOM 50 Sec West 900 feet from Southeast corner of Section 4 thence South 89D 57M 10 Sec West 276 20 feet thence South OD OOM 50 Sec East 75 0 feet thence South 89D 57M 10 Sec West 225 0 feet thence North OD OOM 50 Sec West 180 0 0 feet thence North 89D 57M 10 Sec East 501 20 feet thence South OD OOM 50 Sec East 105 0 feet point of beginning except East 60 feet thereof adjacent to East Sec Line 1 45 acres Sidwell #46-016-99-0019-000 the Council does hereby reject all bids received on May 8, 2001, FURTHER, the Council does hereby accept the original bid submitted by Tri-West Development on March 21, 2001, pursuant to Section 3 05 090B of the Livonia Code of Ordinances and hereby authorizes the sale of the aforesaid City-owned property to Tri-West Development, 27540 Michigan Avenue, Inkster, Michigan 48141, for a total purchase price of $325,000 00, which sale is conditioned upon the purchaser providing such 33080 title work as may be required for this transaction and fulfilling all other requirements outlined in the original request for bids except the minimum bid requirement, the action herein being taken in order to best serve the interests of the community; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Engebretson, Vandersloot, Walsh and Pastor NAYS Duggan and Brosnan The President declared the resolution duly adopted James Morphew spoke to the Council regarding the sale of property at 19323 and 19337 Farmington Road On a motion by Walsh, seconded by Duggan, it was RESOLVED, that having considered a communication from the City Planning Commission, dated May 25, 2001, which transmits its resolution 5-84-2001, adopted on May 22, 2001, with regard to Petition 00-6-2-24, as amended, submitted by Mark Chanitz, on behalf of Panera Bread, requesting approval to increase the signage for the restaurant located on the south side of Schoolcraft Road, between Middlebelt and Inkster Roads (28551 Schoolcraft Road), in the Northwest 1/4 of Section 25, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-6-2-24, as amended, is hereby approved, subject to the following conditions 1 That the request for an additional wall sign, as shown on the Sign Plan marked J-528B dated March 1, 2001, as revised, by Mandeville Signs, is hereby approved and shall be adhered to, except for the fact that the area of the sign shall not exceed 21 square feet; 2 That these wall signs shall not be illuminated beyond one (1) hour after the restaurant closes, 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, and 33081 4 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Walsh and Brosnan NAYS Laura, Engebretson, Vandersloot and Pastor The President declared the resolution failed On a motion by Engebretson, seconded by Laura, it was CR 446-01 RESOLVED, that having considered a communication from the City Planning Commission, dated May 25, 2001, which transmits its resolution 5-84-2001, adopted on May 22, 2001, with regard to Petition 00-6-2-24, as amended, submitted by Mark Chanitz, on behalf of Panera Bread, requesting approval to increase the signage for the restaurant located on the south side of Schoolcraft Road, between Middlebelt and Inkster Roads (28551 Schoolcraft Road), in the Northwest 1/4 of Section 25, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-6-2-24, as amended, is hereby approved, subject to the following conditions 1 That the existing sign be removed and two (2) 21 sq ft. signs be installed, one on each building elevation, as shown on the Sign Plan marked J-528B dated March 1, 2001, as revised, 2 That these wall signs shall not be illuminated beyond one (1) hour after the restaurant closes, 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, and 4 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Engebretson, Vandersloot, Walsh, Pastor and Brosnan NAYS Duggan The President declared the resolution duly adopted 33082 Mark Chanitz, representative for Panera Bread, spoke to the Council regarding the signage for the restaurant at 28551 Schoolcraft Road (Petition 00-6-2-24) A communication from Dale T Culver, Culver Custom Homes, Inc , 39500 Orchard Hill Place, Suite 130, Novi, 48375, dated July 2, 2001, re request that subject matter of rezoning of property located on the east side of Bainbridge Avenue between Five Mile Road and Lyndon Avenue be tabled until the Regular Council meeting of August 13, 2001, was received and placed on file for the information of the City Council (Petition 01-2-1-3) At the request of the petitioner, Culver Custom Homes, Inc., the subject matter of the rezoning of property located on the east side of Bainbridge Avenue between Five Mile Road and Lyndon Avenue is moved to the Regular Council meeting of August 13, 2001 (Petition 01-2-1-3) On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was CR 447-01 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Daniel Richard Andrew, 16728 Parklane Drive, Livonia, Michigan 48154, is hereby reappointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2004, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 On a motion by Vandersloot, seconded by Duggan, and unanimously adopted, it was CR 448-01 RESOLVED, that having considered a communication from the Director of Finance, dated June 11, 2001, and approved for submission by the Mayor, the Council does hereby determine to conduct a public hearing on Monday, October 8, 2001, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items 1 The proposed annual budget for the City of Livonia for the fiscal year ending November 30, 2002, and 33083 2 The public hearing required by Act 5 PA 1982, in connection with the Truth in Taxation hearing, and the City Clerk shall give adequate public notice of said public hearing in accordance with provisions of law and City Charter On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was CR 449-01 RESOLVED, that having considered a communication from the Director of Finance, dated June 11, 2001, and approved for submission by the Mayor, the Council does hereby refer the subject of the Annual Budget for the Fiscal Year ending November 30, 2002, to the Finance, Insurance and Budget Committee for its report and recommendation A communication from Karen Szymula, Director of Legislative Affairs, dated June 30, 2001, re procedure and timeline for Annual Budget adoption, was received and placed on file for the information of the Council During the audience communication portion of the agenda, Tim Bailey, 9826 Cranston, Livonia, 48150 spoke to the Council regarding the issue of future land use in the City Jan Afonso, 9918 Hubbard, Livonia, 48150 also spoke to the Council regarding the issue of future land use in the City Council President Brosnan wished a happy and safe Fourth of July to everyone She congratulated the City staff for their efforts in producing an outstanding groundbreaking ceremony for the Livonia Community Center On a motion by Duggan, seconded by Pastor, and unanimously adopted, this 1,444th Regular Meeting of the Council of the City of Livonia was adjourned at 9 13 p m , July 2, 2001 Cta4/It' 6 McCotter, City Clerk