Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 2001-08-13 33112 MINUTES OF THE ONE THOUSAND FOUR HUNDRED FORTY-SIXTH REGULAR MEETING OF AUGUST 13, 2001 On August 13, 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 Vice-President Vandersloot delivered the invocation Roll was called with the following result: Val I Vandersloot, John Walsh, John Pastor, Brian Duggan, Joe Laura, Jack Engebretson 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, Michael Slater, Director of Finance, Robert Beckley, Director of Public Works, David Woodcox, Director of Building Inspection, Linda McCann, Director of Community Resources, Karen Szymula, Director of Legislative Affairs and Ian Wilshaw, Traffic Commission On a motion by Duggan, seconded by Vandersloot, it was CR 490-01 RESOLVED, that the minutes of the 1,445th Regular Meeting of the Council held July 18, 2001 are hereby approved as submitted AYES Vandersloot, Walsh, Pastor, Duggan, Engebretson and Brosnan NAYS None PRESENT Laura On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 491-01 RESOLVED, that having considered a letter from Council President Maureen Miller Brosnan, the minutes of the 1,444th Regular Meeting of the Council of the City of Livonia, held July 2, 2001, are hereby corrected as follows The previously adopted First Reading of an Ordinance Amendment, as follows 33113 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 was corrected to read as follows 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 August 13, 2001 regular meeting During the audience communication portion of the agenda, Council President Brosnan wished a "Happy Birthday" to her son, Brendon Rory, who will celebrate his 4th birthday on the upcoming weekend 33114 A communication from the Department of Finance, dated July 19, 2001, re forwarding various financial statements of the City of Livonia for the month ending June 30, 2001, was received and placed on file for the information of the Council A communication from Rino Soave of Infinity Homes, Inc., 34822 Pembroke, Livonia, MI 48152, re request for a waiver of sidewalk requirement at 10218 Laurel, was received and placed on file for the information of the Council (Agenda Item #9) The minutes of the July 9, 2001 Plymouth Road Development Authority meeting re approval of all plans from Bill Brown Ford to construct an addition to the existing auto dealership located at 30400 Plymouth Road, was received and placed on file for the information of the Council (Petition 01-06-08-20) (Agenda Item #25) On a motion by Duggan, seconded by Pastor, it was CR 492-01 RESOLVED, that having considered an application from Sheryl L Kosco, 15524 Liverpool, dated July 11, 2001, requesting permission to close Liverpool Street between 15504 Liverpool and 15571 Liverpool on Saturday, September 15, 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, September 16, 2001, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 493-01 RESOLVED, that having considered an application from Caren Shatter, 15642 Sussex, dated July 23, 2001 , requesting permission to close Sussex Street between Sherwood and the curve past Roycroft on Saturday, September 8, 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, September 9, 2001, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 494-01 RESOLVED, that having considered an application from Colleen Green, 30891 Orangelawn, dated July 23, 2001, requesting 33115 permission to close Orangelawn between Sunset and Denne on Saturday, Imo September 8, 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 495-01 RESOLVED, that having considered a letter from Helen M Oppat, Co-Chairperson, St. Aidan Church Craft Show, dated July 1, 2001, which requests permission to display signs announcing St. Aidan's 18th Annual Craft Show to be held on Saturday, October 13, 2001, which signs are to be 18" x 24" in size and which will be displayed at all major intersections in the City from Sunday, October 7, 2001, through Sunday, October 14, 2001, the Council does hereby grant and approve this request in the manner and form herein submitted CR 496-01 RESOLVED, that having considered a letter from Christine Stoll, Rummage Sale Advertising Chairperson, dated July 17, 2001, on behalf of St. Genevieve School, requesting permission to display 33 signs announcing a rummage sale to be conducted on Friday and Saturday, October 19 and 20, 2001, which signs shall be displayed at all major intersections of the City no earlier than Friday, October 5, 2001, and removed no later than 5 00 p m on Saturday, October 20, 2001, the Council does hereby grant and approve this request in the manner and form herein submitted CR 497-01 RESOLVED, that having considered a communication from Ellenjane Soltesz, Flea Market Chairperson of the Livonia Historical Society, and Suzanne Daniel, Chairperson of the Historical Commission, dated June 27, 2001, which bears the signature of the Director of Community Resources and is approved for submission by the Mayor, which requests permission to display two banner signs (4' x 8') on the fencing at Greenmead and 25" x 15" signs at all major intersections of the City announcing the Flea Market to be held Sunday, September 9, 2001, at Greenmead, which signs shall be installed no earlier than Thursday, August 30, 2001, and removed no later than Monday, September 10, 2001, the Council does hereby grant and approve this request in the manner and form herein submitted CR 498-01 RESOLVED, that having considered a communication from the Mayor, dated July 30, 2001, the Council does hereby approve of and concur in the appointment of Linda Dolan, 32251 Cambridge, Livonia, Michigan 48154, to the City Planning Commission to fill the unexpired term of office of Elaine Koons, which will expire on June 9, 2003, provided that Ms Dolan takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. 33116 CR 499-01 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated July 26, 2001, approved for submission by the Mayor, to which is attached a letter from Paul Kovceses, Diamante Building Co , Inc , on behalf of Mark and Nancy Castrodale, dated July 14, 2001, requesting elimination of the sidewalk requirement in front of the new residence located at 11855 Alois in the Southwest 1/4 of Section 30, 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 CR 500-01 RESOLVED, that having considered a letter from Rino Soave, Infinity Homes, Inc , received in the Office of the City Clerk on July 19, 2001, requesting elimination of the sidewalk requirement in front of the new residence located at 10218 Laurel, 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 proposed sidewalk would conflict with two large trees which currently exist. A communication from the Office of the City Clerk, dated July 5, 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 CR 501-01 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated July 11, 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 Allie Brothers, 20295 Middlebelt Road, Livonia, Michigan 48152, for supplying the Fire Department with uniforms for the unit prices set forth in the attachment, for a total estimated amount of $32,570 85, which unit prices shall remain in effect through August 27, 2002, the same having been in fact the lowest and only bid received and meets specifications, FURTHER, the Council does hereby authorize the expenditure of the sum of $32,570 85 from funds budgeted in Account No 101-338-768-000 for this purpose CR 502-01 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated July 11, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with respect to the bid received for Fire Department bunker gear, the Council does hereby reject the bid received on May 16, 2001, in connection with this item, the action herein being taken for the reasons indicated in the aforesaid communication, FURTHER, the Council does 33117 hereby authorize the Fire Chief, together with the Director of Finance, to do all things necessary to re-bid this item in accordance with the provisions set forth in the Financial Ordinance, the same to thereafter be submitted to Council for its consideration CR 503-01 RESOLVED, that having considered the report and recommendation of the Deputy Chief of Police, dated July 30, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve Capstone Consulting, Inc. as an additional vendor in connection with the implementation of the Mobile and Stationary Information System, FURTHER, the Council does hereby accept the quotation submitted by Capstone Consulting, Inc., 201 Spring Street, St. Johns, Michigan 48879, for providing five (5) Xplore mobile units for use by the Fire Department and nine (9) semi-ruggadized laptop units for use by the Police Investigative Section, which equipment was originally to be supplied by CLEMIS, in connection with the implementation of the Mobile and Stationary Information System which was authorized by Council Resolution 750-00, adopted on October 11, 2000, in an amount not to exceed $94,000 00, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $94,000 00 (of the original $368,000 00) from funds already budgeted for this purpose, FURTHER, the Council does hereby authorize such purchase 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 two Livonia Code of Ordinances, as amended CR 504-01 RESOLVED, that having considered a communication from the Department of Law, dated July 24, 2001, approved for submission by the Mayor, regarding property located at 37690 Plymouth Road in the Southeast 1/4 of Section 30 and the need to clear title to the portion of this property owned by Pritpal Sidhu, which is further described as follows That part of the Southeast 1/4 of Section 30, T 1 S , R. 9 E , Livonia Township (now City of Livonia), Wayne County, Michigan, and more particularly described as Lot 520, Supervisor's Livonia Plat No 9, as recorded in Liber 66, Page 60 of Plats, Wayne County Records, except the North 350 feet thereof Containing approx. 0 56 acres the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a Quit Claim Deed conveying the above-described property to Mr Pritpal Sidhu in a form to be approved by the Department of Law 33118 CR 505-01 RESOLVED, that having considered a communication from the Department of Law, dated July 27, 2001, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, in connection with an offer from Anchor Homes Corporation to sell to the City a 27 foot wide strip of property, 217 18 feet in length, as road right-of-way at 36543 Ann Arbor Trail, the Council does hereby authorize the Department of Law to acquire said property which is more particularly described as follows That part of the Southwest 1/4 of Section 32, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan more particularly described as beginning at the Northeast corner of Lot 753 of Supervisor's Livonia Plat No 12 as recorded in Liber 66, Page 65 of Wayne County Records and proceeding thence S 15°13'40" West, 27 00 feet along the Easterly line of said lot; thence North 57°01'50" West, 215 96 feet; thence North 12°47'26" East, 27 40 feet; thence South 57°01'50" East, 217 18 feet to the point of beginning Containing 5,569.25 s f or 0 128 acres (36543 Ann Arbor Trail) subject to the following conditions 1 That the purchase price shall be in the sum of$8,353 88, 2 That the City of Livonia shall pay for the cost of title work and any prorated city, county, county drain, school and community college taxes and assessments, as well as any other closing costs, in a sum not to exceed $1,646 12, BE IT FURTHER RESOLVED, that a sum not to exceed $10,000 00 is hereby authorized to be expended from the Major Street Fund Account No 202-451-972-000 for this purpose, 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, and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution CR 506-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated June 29, 2001, submitted pursuant to Council Resolution 416-01, and a letter from Kenneth Hunt, 19006 Stamford, dated June 12, 2001, requesting to relocate the utility easement from its present location on the 33119 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 direct that the property owner file a vacating petition with the City Clerk, FURTHER, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance CR 507-01 RESOLVED, that having considered the report and recommendation of the City Engineer and Director of Public Works, dated July 20, 2001, approved for submission by the Mayor, the Council does hereby authorize the release to Biltmore Properties Corporation, 2025 West Long Lake Road, Suite 104, Troy, Michigan 48098, the proprietor of Caliburn Manor Subdivision No 2, located in the northeast 1/4 of Section 7, of the financial assurances previously deposited pursuant to Council Resolution 595-95 adopted on August 30, 1995, and subsequently amended by Council Resolution 201-96 adopted on March 13, 1996, and Council Resolution 736-97 adopted on September 10, 1997, specifically a) Sidewalk Bond $81,000 00 ($5,000 00 cash), b) Grading & Soil Erosion Control $ 7,200 00 ($2,000 00 cash), and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia CR 508-01 RESOLVED, that having considered the report and recommendation of the City Engineer and Director of Public Works, dated July 23, 2001, approved for submission by the Mayor, the Council does hereby authorize the release to Biltmore Properties Corporation, 2025 West Long Lake Road, Suite 104, Troy, Michigan 48098, the proprietor of Caliburn Manor Subdivision No 3, located in the northeast 1/4 of Section 7, of the financial assurances previously deposited pursuant to Council Resolution 441-96 adopted on May 8, 1996, and subsequently amended by Council Resolution 95-97 adopted on February 12 ,1997, specifically a) Sidewalk Bond $62,000 00 ($5,000 00 cash), b) Monument & Lot Markers $ 1,735 00 (all cash), and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia CR 509-01 RESOLVED, that having considered the report and recommendation of the City Engineer and Director of Public Works, dated 33120 July 19, 2001, approved for submission by the Mayor, the Council does hereby authorize the release to Biltmore Properties Corporation, 2025 West Long Lake Road, Suite 104, Troy, Michigan 48098, the proprietor of Caliburn Estates Subdivision No 3, located in the northwest 1/4 of Section 8, of the financial assurances previously deposited pursuant to Council Resolution 200-96 adopted on March 13, 1996, and subsequently amended by Council Resolution 94-97 adopted on February 12, 1997, specifically. a) General Improvement Bond $ 3,500 00 (all cash), b) Sidewalk Bond 102,000 00 ($5,000 00 cash), c) Grading & Soil Erosion Control 6,900 00 ($2,000 00 cash), d) Entrance Markers 12,000 00 ($3,000 00 cash), e) Monuments & Markers 2,395 00 (all cash) FURTHER, all other financial assurances (including Sodding Island Area including Hose Outlet in the amount of $3,000 00) now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged, and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia CR 510-01 WHEREAS, the City of Livonia believes quality roads are a vital part of any community; and WHEREAS, certain improvements are necessary to Middlebelt Road to increase traffic safety and to encourage economic development; and WHEREAS, Wayne County has committed to the resurfacing of the Road and improving Bridge No 194 under the CSX Railroad in an area generally described as Middlebelt Road from Plymouth Road to Schoolcraft Road, and the City of Livonia will assist financially in the surfacing of the Road, and WHEREAS, the City of Livonia will provide payment to the County of Wayne in the amount of $101,640 00 (as found in Exhibit A to this Agreement) of the total cost of the project; and NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia does hereby approve the proposed Agreement between the City of Livonia and the County of Wayne for the resurfacing of Middlebelt Road from Plymouth Road to Schoolcraft Road and improvements to Bridge No 194 under the CSX Railroad, and 33121 BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of the City of Livonia CR 511-01 RESOLVED, that the Council having considered the report and recommendation of the City Engineer and the Director of Public Works, dated July 2, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, submitted pursuant to Council Resolution 171-01, regarding the installation of sidewalks on both sides of Merriman Road from Seven Mile Road to Eight Mile Road, which sidewalk abuts a road which is maintained by the State of Michigan or County of Wayne and is proposed to be over one-half mile in length and would abut more than 10 lots or premises, at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work may be required in accordance with the provisions of Section 12 04 230 of Chapter 4 of Title 12 of the Livonia Code of Ordinances, as amended, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and for the cost thereof, and to file the same with the City Clerk, which expense for such improvement is chargeable against the owners of the property listed above by means of single lot assessment pursuant of Section 3 08 150 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, September 24, 2001, at 7 00 p m as the date and time for a public hearing on the necessity and proposed single lot assessments for such proposed improvement, which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154, pursuant to Section 3 08 150B of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such notice as is required by Section 3 08 150B of said Code CR 512-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated July 9, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, transmitting a proposal received in connection with repairs required for the Hubbard Road Bridge over the Bell Creek, the Council does hereby accept the proposal submitted by Orchard, Hiltz and McCliment, Inc , 34935 Schoolcraft Road, Livonia, Michigan 48150, for the Design, Contract Administration and Inspection, and Construction Stakeout for the Hubbard Road Bridge over the Bell Creek in the amount of $41,000 00, FURTHER, the Council does hereby authorize the expenditure of the sum of $41,000 00 from the Michigan Transportation Fund (Major Road Account) for this purpose for the reasons outlined in the aforesaid communication, FURTHER, the 33122 Council does hereby authorize the aforesaid action without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract aro with the aforesaid firm and to do all other things necessary or incidental to the full performance of this resolution CR 513-01 RESOLVED, that having considered a communication from the City Planning Commission, dated July 13, 2001, which transmits its resolution 7-105-2001, adopted on July 10, 2001, with regard to Petition 01-4-2-7, submitted by Robert Okerstrom requesting waiver use approval to utilize a portion of the property located on the east side of Merriman Road, between Schoolcraft and Plymouth Roads (13520 Merriman Road), in the Northwest 1/4 of Section 26, for the outdoor storage of boats, travel trailers and recreational vehicles, which property is zoned M-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 01-4-2-7 is hereby approved and granted, subject to the following conditions 1 That the Site Plan submitted by Robert Okerstrom Construction Company, Inc , as received by the Planning Commission on June 20, 2001, is hereby approved and shall be adhered to, 2 That the storage of recreational vehicle/equipment units shall be confined to the area identified for this purpose on the above- referenced Site Plan, which is further defined as the east 600 feet of the west 1,288 feet of the subject property; 3 That the recreational vehicle/equipment units shall be parked along the north and south boundaries of the storage area with the center area left open for a turn-around, as described on the Site Plan, allowing for a total capacity of approximately 132 recreational equipment units, 4 That the entire area utilized for recreational vehicle/equipment storage shall be enclosed by a fence of a type approved by the Inspection Department which shall be at least six (6) feet in height with only such openings as may be necessary for ingress and egress, 5 That the use of barbed wire on the fence enclosing the subject property shall be prohibited, and all existing barbed wire shall be removed, 6 That the disabled, junked, wrecked and/or unlicensed vehicles and scrap material noted in the revised letter dated April 27, 2001, from 33123 the Inspection Department shall be removed from the subject ro ert p p y; and 7 That the vehicles and equipment stored or parked within the ism designated outdoor storage area shall be limited to Recreational Equipment as defined in Section 2 10(20) of the Zoning Ordinance CR 514-01 RESOLVED, that having considered a communication from the City Planning Commission, dated July 25, 2001, which transmits its resolution 7-111-2001, adopted on July 24, 2001, with regard to Petition 01-6-2-11, submitted by Rogvoy Architects, P C , on behalf of Leo Stassinopoulous, requesting waiver use approval to operate a full-service restaurant proposed to be located on the south side of Schoolcraft Road between Middlebelt Road and Inkster Road in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 01-6-2-11 is hereby approved and granted, subject to the following conditions 1 That the proposed restaurant shall be limited to no more than 130 customer seats, 2 That the Elevations Plan marked Sheet SPA-1 prepared by Rogvoy Architects, as received by the Planning Commission on July 20, 2001, is hereby approved and shall be adhered to, 3 That the Sign Plan prepared by Cornell Sign Co , Inc , as received by the Planning Commission on July 12, 2001, depicting one (1) wall sign thirty-five (35) square feet in area on the west elevation, is hereby approved and shall be adhered to, 4 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, 5 That a stop sign shall be installed in the median southeast of the restaurant for vehicles exiting the parking lot onto the drive, as recommended in the correspondence dated June 29, 2001 from the Traffic Bureau of the Division of Police, 6 That all other conditions and requirements set forth in the original resolution granting Site Plan approval for the "Retail I" building shall be adhered to, and 7 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for 33124 CR 515-01 RESOLVED, that having considered a communication from the City Planning Commission, dated July 25, 2001, which transmits its resolution 7-115-2001 adopted on July 24, 2001, with regard to Petition 01-6-8-20 submitted by Bill Brown Ford, requesting site plan approval in connection with a proposal to construct an addition to the existing auto dealership located on the north side of Plymouth Road, east of Sears Avenue (30400 Plymouth Road), in the Southwest 1/4 of Section 26, 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 01-6-8-20 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 dated June 21, 2001, as revised, prepared by Michael L Priest & Associates, is hereby approved and shall be adhered to, 2 That the Exterior Building Elevation Plan marked Sheet A-2 dated June 18, 2001, as revised, prepared by GAV Associates, is hereby approved and shall be adhered to, except for the fact that the architectural look and building materials of the south elevation of the addition shall match the appearance of the south elevation of the existing building (i e , stone) and that no portion of the exterior of the south elevation shall consist of masonry block, 3 That the petitioner shall correct to the Fire Department's satisfaction the following as outlined in the correspondence dated July 19, 2001 - That an on-site hydrant shall be located between 50 ft. and 100 ft. from the Fire Department connection, - That adequate hydrants shall be provided and located with spacing consistent with commercial areas, - That the most remote hydrant shall flow 1500 GPM with a residual pressure of 20 PSI, - That access around the buildings shall be provided for emergency vehicles with turning radius up to 45 ft. wall-to-wall and a minimum vertical clearance of 13 1/2 ft., 4 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; 33125 5 That stop signs shall be installed at each exit onto Plymouth Road, 6 That the barbed wire on the fence shall be removed, and 7 That the entire parking lot shall be repaired, resealed and double- striped CR 516-01 RESOLVED, that having considered a communication from the City Planning Commission, dated July 25, 2001, which transmits its resolution 7-117-2001 adopted on July 24, 2001, with regard to Petition 01-7-8-21 submitted by Richard Gallagher, on behalf of Robert Weaver Dentistry, in connection with a proposal to construct an addition to the commercial building located on the south side of Seven Mile Road, between Shadyside Avenue and Woodring Avenue (33111 Seven Mile Road), in the Northwest 1/4 of Section 10, 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 01-7-8-21 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 dated June 8, 2001, prepared by R. A. Zischke Architect, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L-1 dated June 8, 2001, prepared by Gallagher Group Construction Company, 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 3 and 4, both dated June 8, 2001, prepared by Gallagher Group Construction Company, 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 three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and 33126 color shall match that of the building, and the enclosure gates shall be maintained and, when not in use, closed at all times, 8 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated July 19, 2001 - That the parking blocks near the barrier-free access shall be rearranged, - That the entire parking lot shall be repaired, resealed and double striped, 9 That the petitioner shall correct to the Engineering Division's satisfaction the following as outlined in the correspondence dated July 9, 2001 - That no new curbing along Woodring Avenue shall be installed where the existing drive is to be removed, - That any flags of sidewalk that have been raised or deemed hazardous shall be repaired and/or replaced, 10 That the greenbelt along the easterly 20 ft. of the south property line, as shown on the approved Landscape Plan, shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 11 That if there is 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, 12 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for adding onto a nonconforming building and any conditions related thereto, 13 That no signs, either freestanding or wall mounted, are approved with this petition, and 14 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 33127 CR 517-01 RESOLVED, that having considered a communication from the City Planning Commission, dated July 13, 2001, which transmits its resolution 7-108-2001, adopted on July 10, 2001, with regard to Petition 01-3-GB-2, submitted by Pulice Office Buildings, requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18 45 of Ordinance No 543, as amended, for property located on the northwest corner of Five Mile and Hubbard Roads (32410 Five Mile Road) in the Southwest 1/4 of Section 15, the Council does hereby concur in the recommendation of the Planning Commission and Petition 01-3-GB-2 is hereby approved, subject to the following conditions 1 That the landscaped greenbelts along the west property line and part of the north property line, as shown on the plan received by the Planning Commission on March 13, 2001, shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, and 2 That if there is any change of circumstances in the area 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 518-01 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, September 24, 2001 at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 01-5-1-6, submitted by George and Lillian Vitarelli for a change of zoning of property located on the west side of Newburgh Road between Schoolcraft and Perth in the Southeast 1/4 of Section 19, from RUF to OS, the City Planning Commission in its resolution 7-110-2001 having recommended to the City Council that Petition 01-5-1-6 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, 33128 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 519-01 RESOLVED, that having considered a communication from Haggerty Road Investments, Partnership, dated July 11, 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 July 10, 2001, by the City Planning Commission in its resolution 7-103-2001 with regard to Petition 01-3-2-5, submitted by Haggerty Road Investments, requesting waiver use approval to remodel and expand an existing building in connection with a proposal to operate a full-service restaurant on property located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road in the Northwest 1/4 of Section 6, which property is zoned OS, the Council does hereby designate Wednesday, September 12, 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 Vandersloot, Walsh, Pastor, Duggan, Laura, Engebretson and Brosnan NAYS None Photographs from neighbors surrounding the Bell Creek Square Development on the southeast corner of Six Mile and Farmington Roads, dated July 23, 2001, showing the Bell Creek property line and the Bloomfield property line, were received and placed on file for the information of the Council (Petition 99-12-2-32) A communication from Phoenix Land Development dated July 11, 2001, to which is attached a revised landscaping plan, dated July 9, 2001, for the Bell Creek 33129 Square Development located on the southeast corner of Six Mile and Farmington Roads, were received and placed on file for the information of the Council (Petition 99- 12-2-32) On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 520-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 7, 2001, submitted pursuant to Council Resolution 297-01, and communications from Steven J Schafer, Phoenix Land Development, dated March 21 and March 23, 2001, which submit a revised Landscape Plan and request for approval of roofing, siding, and brick color in connection with Petition 99- 12-2-32, submitted by Phoenix Land Development, approved with conditions by the City Council on April 5, 2000, 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 concur in the recommendation made by the City Planning Commission and the revised site plans regarding landscaping and separation wall in connection with Petition 99-12-2-32 is hereby approved and granted, subject to the following conditions 1 That the revised Landscape Plan dated July 9, 2001, received by the City Council Office on July 11, 2001, is hereby approved and shall be adhered to, and 2 That the following revisions listed in the letter from Phoenix Land Development Corporation, dated July 11, 2001, shall be incorporated and adhered to - That a six foot high, vinyl tan colored "Presidential" interlocking panel privacy fence shall be installed along 620 lineal feet of the east property line and along approximately 250 lineal feet of the east portion of the south property line, as shown on the plan attached to the above-referenced letter; - That the currently approved masonry wall along portions of Lots 39 and 40 of the Bell Creek Farms Subdivision No 21 will be eliminated, 33130 - That three (3) maple trees, eight (8) dwarf burning bushes, five (5) white spruces, nine (9) border forsythia and ten (10) viburnum shall be added along the west portion of the south property line, - That several dead trees along the south property line shall be removed On a motion by Engebretson, seconded by Vandersloot, and unanimously adopted, it was CR 521-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 7, 2001, submitted pursuant to Council Resolution 397-01 , 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 Councilmember Walsh took from the table, for second reading and adoption, 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) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Vandersloot, Walsh, Pastor, Duggan, Engebretson and Brosnan NAYS Laura The President declared the foregoing Ordinance duly adopted, and would become effective on publication 33131 A communication from Phoenix Land Development, 32000 Northwestern Highway, Suite 220, Farmington Hills, MI 48334, dated August 10, 2001, re By-Laws and Master Deed for residential condominiums at Rosedale Town Square, to be located on the east side of Farmington Road, north of Plymouth Road, with added provisions for the storm water detention basin and wetland conservation, was received and placed on file for the information of the Council (Petition 99-4-2-13) On a motion by Duggan, seconded by Walsh, it was CR 522-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 7, 2001, submitted pursuant to Council Resolution 196-01, and a communication from the City Planning Commission, dated March 7, 2001, which transmits its resolution 2-34-2001, adopted on February 27, 2001, with regard to Petition 99-4-2-13, submitted by Phoenix Land Development Corporation, requesting waiver use approval to construct a planned residential development (Rosedale Town Square) on property located on the east side of Farmington Road, north of Plymouth Road, in the Southwest 1/4 of Section 27, which property is currently zoned C-2 and M-1 and proposed to be rezoned to R-8C, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 99-4-2-13 is hereby approved and granted, subject to the following conditions 1 That the Site Plan, marked Sheet SPO2, prepared by SSOE, Inc., received by the City Council Office on May 9, 2001, is hereby approved and shall be adhered to, 2 That the Landscape Plans marked Sheets L-1, L-2 and L-3, dated April 12, 2001, as revised, prepared by Calvin Hall & Associates, are hereby approved and shall be adhered to, subject to full compliance with resolution 6-97-2001 adopted by the City of Livonia Planning Commission on June 12, 2001, 3 That all planted material shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That the Townhouse/Flat Elevations Plans marked Sheets A-3 and A-4, prepared by Barton & Associates, dated September 2, 1998, are hereby approved and shall be adhered to, except that "ranch" end units shall be offered as an option with ramp entrances, 33132 5 That all brick used in the construction of the building shall be full- 6 face four (4") inch brick, no exceptions, That a plan for identification signage for the residential portion of this development shall be submitted for approval within 60 days following approval of this petition by the City Council, 7 That all electric and gas meters will be installed on the side of the buildings and screened by landscaping, 8 That the petitioner shall submit within sixty (60) days of this approval to the City Law Department for its review and acceptance copies of the Master Deed and Condominium bylaws, which shall permanently establish the wetlands as a conservation/preservation area, and 9 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Walsh, Pastor, Duggan, Engebretson and Brosnan NAYS Laura The President declared the resolution duly adopted A communication from Fountain Park Building Company, LLC, 32000 Northwestern Highway, Suite 220 Farmington Hills, MI 48334, dated August 10, 2001, re rear elevation of Retail Building "B" at Rosedale Town Square to be located at 33330 Plymouth Road, was received and placed on file for the information of the Council (Petition 99-2-8-8) Council President Brosnan passed the gavel to Vice-President Vandersloot at 8.20 p m , and she then spoke to the issue of the proposed construction of commercial 33133 buildings at 33330 Plymouth Road (Rosedale Town Square) — Petition 99-2-8-8 Vice- President Vandersloot returned the gavel to President Brosnan at 8.26 p m On a motion by Walsh, seconded by Duggan, it was CR 523-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 7, 2001, and a communication from the City Planning Commission, dated March 25, 1999, which transmits its resolution 3-52-99 adopted on March 23, 1999, with regard to Petition 99-2-8-8, submitted by Phoenix Land Development, requesting site plan approval in connection with a proposal to construct commercial buildings on property located at 33330 Plymouth Road in the Southwest 1/4 of Section 27, 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 99-2-8-8 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SPO2 prepared by SSOE, Inc., as received by the City Council on May 9, 2001, is hereby approved and shall be adhered to, 2 That the Landscape Plans marked Sheets L-1, L-2 and L-3, dated April 12, 2001, as revised, prepared by Calvin Hall & Associates, are hereby approved and shall be adhered to, subject to full compliance with resolution 6-97-2001 adopted by the City of Livonia Planning Commission on June 12, 2001, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That the 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 as submitted by Wah Yee Associates, dated May 8, 2001, together with the "Retail Tenant Design Criteria" as received by the City Council Office on May 9, 2001, are hereby approved and shall be adhered to with respect to Buildings "B" and "C" only; 6 That the brick used in the construction of the buildings shall be full face 4-inch brick, no exceptions, 33134 That the three walls of each trash dumpster area shall be constructed out of brick, 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 ft. in height; 9 That the building elevations for Buildings "D," "E" and "F" shall incorporate the "Retail Tenant Design Criteria" as prepared by Wah Yee Associates and shall come back before the Planning Commission and City Council for their review and approval and that the building pads for Buildings "D," "E" and "F" are hereby approved, 10 That Buildings "D" and "E" shall be developed as restaurants and the seating arrangements for both shall not exceed a combined total of 400 seats, 11 That the petitioner shall correct to the satisfaction of the Engineering Division and Traffic Bureau the following recommendations as outlined in the correspondence dated February 12, 1999 That "No Left Turn" signs shall be posted for traffic exiting either driveway nearest the intersection, - That "No Left Turn" signs shall be posted to prohibit eastbound Plymouth Road traffic from turning into the driveway immediately east of Farmington Road, - That the right turn deceleration lane on Plymouth Road shall be extended the entire length of the development subject to the approval of the Michigan State Highway Department; - That a right turn deceleration lane for northbound Farmington Road traffic shall be installed subject to the approval of the Wayne County Road Commission, 12 That no signs, either freestanding or wall mounted, are approved with this petition, all such signage shall be separately submitted for review and approval by the Planning Commission and City Council, 13 That the Exterior Building Elevation Plan as submitted by Wah Yee Associates, dated July 5, 2001, together with the "Retail Tenant Design Criteria" as received by the City Council Office on May 9, 33135 2001, are hereby approved and shall be adhered to with respect to 14 Building "A", the proposed Walgreen's store, and That the exterior building materials used in the construction of all the commercial buildings shall be consistent with the color samples provided to the City Council on a board prepared by Wah Yee Associates, date stamped August 7, 2001, by the City of Livonia Planning Commission A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Walsh, Pastor, Duggan, Engebretson and Brosnan NAYS Laura The President declared the resolution duly adopted Councilmember Vandersloot gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 01-02-03-01) 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 On a motion by Duggan, seconded by Pastor, it was RESOLVED, that the Council does hereby refer the matter of Petition 01-2-1-2, submitted by Craig Corbell of Hunter Homes, Inc., for a proposed change of zoning of property located on the east side of Newburgh Road between Five Mile Road and Ladywood Road in the Southwest 1/4 of Section 17 from R-9 to R-C (Housing for the Elderly to Condominium Residential) to the Committee of the Whole for its report and recommendation Craig Corbell, petitioner, stated that time was of the essence to him and asked that this matter not be delayed and a vote be taken tonight. (Petition 01-02-01-02) Denise Woods DeBiase, 15619 Liverpool, Livonia, 48154, told the Council that she wanted a vote to be taken on this matter tonight and have no more delays. (Petition 01- 02-01-02) • • 33136 Gerald Taylor, 36734 Sunnydale, Livonia, 48154, spoke regarding two abandoned homes on Newburgh Road between Five Mile Road and Ladywood, and stated that he wants to have petitioner remove these homes (Petition 01-02-01-02) Kathleen Lipinski, 15523 Liverpool, Livonia, 48154, also spoke to the issue of the abandoned homes and stated that these should be removed (Petition 01-02-01-02) Vicki Hicks, 37578 Sherwood Ct. S , Livonia 48154, spoke in opposition to the proposed development and asked for a delayed vote on this matter, and also wants to have the two abandoned homes removed (Petition 01-02-01-02) Sandra Ralston, 15631 Liverpool, Livonia, 48154, stated her opinion that a vote on this matter should be taken tonight. (Petition 01-02-01-02) James Jeruzal, 9627 Berwick, Livonia, 48150, spoke about the abandoned homes, and suggested that they could be used by the Fire Department for a practice burn (Petition 01-02-01-02) Jane Kolodziej, 15643 Liverpool, Livonia, 48154, stated her opinion that a vote on this matter should be taken tonight. (Petition 01-02-01-02) On a motion by Engebretson, seconded by Laura, it was RESOLVED, that the Council does hereby determine to substitute a direction that this matter proceed forward in the approval process and be given second reading and a roll call vote taken in lieu of being referred to the Committee of the Whole Bob McComb, 37104 Ladywood, Livonia, 48154 spoke and stated that he would like Council to study this matter further and delay voting at this time (Petition 01-02-01-02) Gerald Smith, 37111 Ladywood, Livonia, 48154, spoke and stated that he would like Council to study this matter further and delay voting at this time (Petition 01-02-01-02) Jan Ellis, 37159 Ladywood, Livonia, 48154 stated that she is in favor of the development, but would like to see less density in the project. (Petition 01-02-01-02) A roll call vote was then taken on the motion to substitute, as follows AYES Walsh, Laura, Engebretson and Brosnan NAYS Vandersloot, Pastor and Duggan The President declared the motion to substitute adopted Councilmember Engebretson took from the table, for second 33137 reading and adoption, 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 01-02-01-02) (CR 405-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Walsh, Laura, Engebretson and Brosnan NAYS Vandersloot, Pastor and Duggan The President declared the foregoing Ordinance duly adopted, and would become effective on publication A proposed revised site plan, dated August 10, 2001, received from Gerald Smith, 37111 Ladywood, Livonia, 48154 re Hunters Grove Condominiums to be located on Newburgh Road between Five Mile and Ladywood Roads, was received and placed on file for the information of the Council (Petition 01-2-1-2) On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was CR 524-01 RESOLVED, that the Council does hereby refer the matter of the coordination with Craig Corbell of the demolition of the two (2) homes on property located on the east side of Newburgh Road between Five Mile Road and Ladywood Road in the Southwest 1/4 of Section 17 to the Department of Law and the Inspection Department for their recommendations and tracking Charles Tangora, attorney, stated that he will be handling the legal paperwork regarding the closing for this project. On a motion by Walsh, seconded by Engebretson, it was CR 525-01 RESOLVED, that having considered a communication from the City Planning Commission, dated April 9, 2001, which sets forth its resolution 4-56-2001 adopted on April 3, 2001, with regard to Petition 00- 33138 12-2-38 submitted by Craig Corbell of Hunter Homes, Inc requesting waiver use approval to construct a Planned Residential Development on property located on the east side of Newburgh Road between Five Mile Road and Ladywood Road in the Southwest 1/4 of Section 17, which property is zoned R-9, and the Council having conducted a public hearing with regard to this matter on Wednesday, May 30, 2001, pursuant to Council Resolution 235-01, the Council does hereby reject the recommendation of the city planning commission and said petition 00-12- 2-38 is hereby approved and granted, subject to the following conditions 1 That the Site Plan and Landscape Plan, submitted by Hunter Homes, Inc., with a revision date of August 6, 2001, is hereby approved and shall be adhered to, EXCEPT AS OUTLINED IN CONDITION NO 12; 2 That the preliminary grading plan, submitted by Hunter Homes, Inc., dated August 6, 2001, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That all landscaping shown on the above referenced landscape plan shall be installed to the satisfaction of the Inspection Department; 5 That the elevation drawings for unit type "A" and unit type "B", submitted by Hunter Homes, Inc., received by the Planning Commission on January 16, 2001, are hereby approved and shall be adhered to, except for slight variations in building materials and architectural style to allow for variety and diversity in the exterior appearance of the buildings, EXCEPT AS OUTLINED IN CONDITION NO 12; 6 That the first floor and chimney of each unit shall be brick on all four sides and brick coverage shall be not less than 80% on the first floor walls, 7 That the brick used in the construction of each dwelling unit shall be full face 4-inch brick, no exceptions, 8 That the petitioner shall meet to the Fire Department's satisfaction the following requirements as outlined in a letter from the Fire Marshal dated January 12, 2001, 33139 - That if any of subject buildings are to be provided with automatic sprinkler systems, hydrants shall be located between 50 feet and 100 feet from the Fire Department connections, Fire hydrants shall be provided throughout complex with maximum distance to any portion of complex to hydrant 300 feet - That the most remote hydrant shall flow 1500 GPM with a 20 PSI residual pressure - That access around buildings shall be provided for emergency vehicles with turning radius up to forty-five feet wall-to-wall and a minimum vertical clearance of 13 1/2 feet; 9 That an entrance marker plan shall be submitted to the Planning Commission for approval within 60 days following approval of this petition by the City Council, 10 That the Master Deed and By-Laws for Hunters Grove Condominium project as prepared by Brashear, Tangora, Gallagher, Creighton & Amann, LLP, received by the City Council Office on August 9, 2001, are hereby approved and shall be adhered to subject to any changes deemed necessary by the City Law Department; 11 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 12 Petitioner agrees to have the site plan reviewed in the Committee of the Whole for the issue of Newburgh Road screening and landscape, the issue of a taper lane in Newburgh Road, and the issue of the building elevations facing Newburgh Road A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Laura, Engebretson and Brosnan NAYS Vandersloot, Pastor and Duggan The President declared the resolution duly adopted On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was 33140 CR 526-01 RESOLVED, that the Council does hereby refer the Site Plan and Landscape Plan, submitted by Hunter Homes, Inc., with regard to Petition 00-12-2-38 for a Planned Residential Development located on the east side of Newburgh Road between Five Mile and Ladywood Roads, with the conditions as set forth in the previous resolution, to the Committee of the Whole for its report and recommendation A communication from Charles Tangora, of Brashear, Tangora, Gallagher, Creighton & Amann, LLP, 33300 Five Mile Road, Suite 210, Livonia, 48154, dated August 8, 2001, re Master Deed and By-Laws for Hunters Grove Condominium Project, located on the east side of Newburgh Road between Five Mile and Ladywood Roads, was received and placed on file for the information of the Council (Petition 00- 12-02-38) A communication from Charles Tangora, of Brashear, Tangora, Gallagher, Creighton & Amann, LLP, 33300 Five Mile Road, Suite 210, Livonia, 48154, dated August 13, 2001, re new page 38 of the Master Deed for Hunters Grove Condominium Project, located on the east side of Newburgh Road between Five Mile and Ladywood Roads, which addresses the issue of storm sewer detention/retention and outlet facilities, and severability, was received and placed on file for the information of the Council (Petition 00-12-02-38) A communication from Charles Mekaru, 37580 Sherwood Court N , Livonia, 48154, dated August 13, 2001, re his opposition to the proposed Hunters Grove Condominium Project, located on the east side of Newburgh Road between Five Mile and Ladywood Roads, was received and placed on file for the information of the Council (Petition 00-12-02-38) A communication from Gerald Smith, 37111 Ladywood, Livonia, 48154, dated August 7, 2001, to which are attached petitions from neighbors, elevation views of 33141 the condominiums and a revised proposed site plan, re opposition to the proposed Hunters Grove Condominium Project, located on the east side of Newburgh Road between Five Mile and Ladywood Roads, was received and placed on file for the information of the Council (Petition 00-12-02-38) A communication from Charles and Fran Ryder, 37253 Ladywood, Livonia, dated August 8, 2001, re their support of the proposed Hunters Grove Condominium Project, located on the east side of Newburgh Road between Five Mile and Ladywood Roads, was received and placed on file for the information of the Council (Petition 00-12-02-38) A communication from Robert McComb, 37104 Ladywood, Livonia, 48154, dated August 6, 2001, re his opposition to the proposed Hunters Grove Condominium Project, located on the east side of Newburgh Road between Five Mile and Ladywood Roads, was received and placed on file for the information of the Council (Petition 00-12-02-38) A communication from the Planning Department, dated June 8, 2001, re their review of the rezoning and waiver use petitions relative to the proposed Hunters Grove Condominium Project, located on the east side of Newburgh Road between Five Mile and Ladywood Roads, was received and placed on file for the information of the Council (Petitions 00-12-02-38 and 01-02-01-02) On a motion by Vandersloot, seconded by Duggan, it was RESOLVED, that having considered a communication from the City Assessor, dated June 28, 2001, approved for submission by the Mayor, with regard to a request from Frank March, ABC Affordable Builders and Contractors, P 0 Box 2507, Dearborn, Michigan 48123, the Council does hereby deny the proposed combination of Tax Item Nos 46- 011-01-0051-001 and 46-011-01-0052-001 into one (1) parcel 33142 A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Duggan and Brosnan NAYS Walsh, Pastor, Laura and Engebretson The President declared the resolution failed Mary Wilkie, 19231 Augusta, Livonia, 48152, spoke in favor of the proposed lot combination at 19296 and 19292 Farmington Road A communication from the Planning Department, dated August 10, 2001, re proposed lot combination at 19296 and 19292 Farmington Road and an analysis of the lot sizes in the immediate neighborhood, was received and placed on file for the information of the Council A communication from Frank March, A.B C Affordable Builders, P 0 Box 2507, Dearborn Heights, 48123, dated August 6, 2001, re a proposed lot combination at 19296 and 19292 Farmington Road and his desire to build his home on it, was received and placed on file for the information of the Council On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was CR 527-01 RESOLVED, that having considered a communication from the City Assessor, dated June 28, 2001, approved for submission by the Mayor, with regard to a request from Frank March, ABC Affordable Builders and Contractors, P 0 Box 2507, Dearborn, Michigan 48123, to combine Tax Item Nos 46-011-01-0051-001 and 46-011-01-0052-001 into one (1) parcel, the Council does hereby refer this matter to the Planning Department for its report and recommendation On a motion by Walsh, seconded by Pastor, it was RESOLVED, that having considered a communication from the City Assessor, dated June 28, 2001, approved for submission by the Mayor, with regard to a request from Frank March, ABC Affordable Builders and Contractors, P 0 Box 2507, Dearborn, Michigan 48123, and 33143 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 of Tax Item Nos 46-011-01-0051- 001 and 46-011-01-0052-001 into one (1) parcel, the legal description of which shall read as follows Lots 51 and 52, excluding the West 17 feet thereof, also West 1/2 adjacent vacated alley, "WESTMORE SUBDIVISION", as recorded in Liber 48, Pages 85 of Plats Wayne County Records as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and 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, PROVIDED, HOWEVER, 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh and Pastor NAYS Vandersloot, Duggan, Laura, Engebretson and Brosnan The President declared the resolution failed On a motion by Duggan, seconded by Engebretson, it was RESOLVED, that having considered a communication from the City Assessor, dated June 28, 2001, approved for submission by the Mayor, with regard to a request from Frank March, ABC Affordable Builders and Contractors, P 0 Box 2507, Dearborn, Michigan 48123, 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 refer the proposed combination of Tax Item Nos 46-011-01-0051-001 and 46-011-01-0052-001 into one (1) parcel to the Committee of the Whole for its report and recommendation Councilmember Engebretson withdrew his support on the foregoing resolution Councilmember Duggan then withdrew his motion on the foregoing It was then decided that this issue would be moved to the next regular meeting of August 27, 2001 A communication from the Inspection Department, dated August 9, 2001, re permit history relative to the newly constructed hot tub and gazebo at 19232 Levan 33144 Court to which is attached photos and a site plan, was received and placed on file for the information of the Council A communication from the Law Department, dated August 9, 2001, re six criteria that must be met when approval to similar items as the hot tub/gazebo at 19232 Levan Court has been granted in the past, was received and placed on file for the information of the Council A communication from Peter Adzema, 19232 Levan Court, Livonia 48152, dated August 8, 2001, re his assuming responsibility for removal of the hot tub/gazebo if it becomes necessary to access the easement area in the future, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Engebretson, it was RESOLVED, that having considered a letter from Peter J Adzema, 19232 Levan Court, dated July 25, 2001, requesting to be allowed to encroach on 5 feet of a 15 foot storm sewer easement located on his property at 19232 Levan Court in order to accommodate a newly constructed hot tub/gazebo-type structure that infringes on the easement due to a mistake by the landscape company, and incorporating the criteria set forth by the Law Department in a correspondence dated August 9, 2001, and a subsequent letter from Peter Adzema dated August 8, 2001, wherein he will assume responsibility for removal of such structures if future need arises to access the easement, the Council does hereby approve of this request and the Department of Law is hereby requested to prepare an appropriate agreement in which the City gives authorization for encroachment upon the subject portion of the storm sewer easement in order to accommodate the hot tub and gazebo-type structure, and the Mayor and City Clerk are hereby authorized to affix their signatures to the aforesaid agreement for and on behalf of the City of Livonia in this regard A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Engebretson and Brosnan NAYS Vandersloot, Walsh, Pastor and Laura The President declared the resolution failed 33145 On a motion by Vandersloot, seconded by Duggan, and unanimously adopted, it was CR 528-01 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 25, 2001, and the report and recommendation of the Chief of Police, dated July 13, 2001, approved for submission by the Mayor, the Council does hereby approve of the request from Buca Restaurants, Inc for transfer of ownership of a 2000 Class C Licensed Business with Official Permit (Food) from Buca, Inc. for a business located at 38888 Six Mile Road, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Pastor, seconded by Walsh, it was RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 19, 2001, and the report and recommendation of the Chief of Police, dated July 26, 2001, approved for submission by the Mayor, the Council does hereby approve of the request from MGD Acquisition Company, L L.0 for transfer of ownership of a 2001 Class C Licensed Business with Dance-Entertainment Permit from Fat Willy's, Inc. for a business located at 19170 Farmington Road, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Duggan, seconded by Laura, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute a motion that will postpone the request for a transfer of a 2001 Class C License from Fat Willy's to the regular meeting of September 26, 2001 A roll call vote was taken on the motion to substitute with the following result: AYES Duggan, Laura, Engebretson and Brosnan NAYS Vandersloot, Walsh and Pastor The President declared the motion to substitute passed Councilmember Laura withdrew his support on the foregoing resolution Councilmember Duggan withdrew his motion on the foregoing 33146 On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was CR 529-01 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 19, 2001, and the report and recommendation of the Chief of Police, dated July 26, 2001, approved for submission by the Mayor, the Council does hereby approve of the request from MGD Acquisition Company, L L C for transfer of ownership of a 2001 Class C Licensed Business with Dance-Entertainment Permit from Fat Willy's, Inc. for a business located at 19170 Farmington Road, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission Mike George, petitioner, 28690 Wintergreen, Farmington Hills, 48331, spoke to the Council and stated that he did not want a delay of the transfer of the license Gus Varon, petitioner, 2165 London Bridge Drive, Rochester, 48307, spoke to the Council and stated that he did not want a delay of the transfer of the license Harold Friedman, current lessee of Fat Willy's, 67773 Oyster Cove, West Bloomfield, spoke to the Council and offered his cooperation in whatever way possible to have the parking lot problem solved On a motion by Duggan, seconded by Laura, and unanimously approved, it was CR 530-01 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, City Engineer, and Director of Pubic Works, dated July 30, 2001, submitted pursuant to Council Resolution 893-00, in connection with the renovation of the Civic Park Senior Citizens Center, the Council does hereby approve the schematic design plans for the Civic Park Senior Citizen's Center Addition and Renovation prepared by Architect & Planners, Inc., 9429 South Main Street, Plymouth, Michigan 48170, dated July 27, 2001, as well as the proposed budget for this project in the amount of $1,628,000 00 for this purpose, FURTHER, the Council does hereby authorize such action without competitive bidding in accordance with Section 3 04 140D2 and D4 of the Livonia Code of Ordinances, as amended Director of Finance Michael Slater and Director of Public Works Robert Beckley were present at the meeting and answered questions of the Council Councilmember Duggan left the podium at 10 21 p m due to a conflict of interest. REVISED THROUGH PAGE 33157 33147 On a motion by Walsh, seconded by Engebretson, and unanimously adopted, it was CR 531-01 RESOLVED, that having considered a communication from the City Planning Commission, dated April 9, 2001, which sets forth its resolution 4-51-2001, adopted on April 3, 2001, with regard to Petition 01- 2-1-3, submitted by James F Duggan, American Classic Realty, for a change of zoning of property located on the east side of Bainbridge Avenue between Five Mile Road and Lyndon Avenue in the Northwest 1/4 of Section 23, from RUF to R-2, and the Council having conducted a public hearing with regard to this matter on Monday, June 18, 2001, pursuant to Council Resolution 287-01, the Council does hereby refer the matter of flooding problems in the back and front yards of property on Bainbridge Avenue to the Committee of the Whole for its report and recommendation Ty Culver, Culver Custom Homes, 39500 Orchard Hill Place, Suite 130, Novi, 48375, was present at the meeting to answer questions of the Council Gayle Fedoronko, 14880 Bainbridge, Livonia, 48154 stated that she would like to see a vote taken tonight on the R-2 zoning A communication from the Engineering Division, dated August 9, 2001, re surface drainage concerns with the potential development behind the existing homes on the east side of Bainbridge, south of Five Mile Road, was received and placed on file for the information of the Council (Petition 01-2-1-3) A communication from Lawrence and Jeanne Marie Carzon, 15034 Bainbridge, Livonia 48154 re their support for the rezoning petition from American Classic Realty for Culver Homes, for property located on the east side of Bainbridge between Five Mile Road and Lyndon Avenue from RUF to R-2, was received and placed on file for the information of the Council (Petition 01-2-1-3) A communication from John and Nancy Kleszcz, 15086 Bainbridge, Livonia 48154 re their support for the rezoning petition from American Classic Realty for Culver Homes, for property located on the east side of Bainbridge between Five Mile 33148 Road and Lyndon Avenue from RUF to R-2, was received and placed on file for the information of the Council (Petition 01-2-1-3) A communication from Walter and Sophie Sochacki, 14994 and 15000 Bainbridge, Livonia 48154 re their support for the rezoning petition from American Classic Realty for Culver Homes, for property located on the east side of Bainbridge between Five Mile Road and Lyndon Avenue from RUF to R-2, was received and placed on file for the information of the Council (Petition 01-2-1-3) A communication from Fred J Ransford, Argus Corporation, 15115 Spanich Ct., Livonia 48154, re his opposition to the rezoning petition from American Classic Realty for Culver Homes, for property located on the east side of Bainbridge between Five Mile Road and Lyndon Avenue from RUF to R-2, was received and placed on file for the information of the Council (Petition 01-2-1-3) Councilmember Duggan returned to the podium at 10 31 p m Council President Brosnan passed the gavel to Vice-President Vendersloot and left the podium at 10 35 p m due to a conflict of interest. An e-mail communication from Michael P McGee, President of Old Rosedale Gardens Homeowners Association, dated June 27, 2Q01, re their concerns and objections to the proposed revisions to the Old Rosedale Gardens Special Assessment Street Improvement Project, was received and placed on file for the information of the Council (S.A D 398) (CR 335-01) On a motion by Laura, seconded by Duggan, it was CR 532-01 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 16, 2001, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, and subsequent communications dated May 9, 2001, and May 29, 2001, with regard to 33149 final costs for the Old Rosedale Gardens Special Assessment Street Improvement Project (S.A.D No 398) in the Northeast 1/4 of Section 34, and a public hearing having been held thereon on June 27, 2001, and after careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine that although based upon actual costs certain deficiencies do exist, the assessment rate of $23 95 per foot shall not be revised and that the City's share shall instead be increased to cover the additional costs incurred, FURTHER, the Council does hereby establish the final project cost at $1,682,204 37 of which $980,980 00 shall be charged to the special assessment district pursuant to the previously confirmed special assessment roll and $701,224 37 shall be the City's share, FURTHER, the Council does hereby authorize an additional expenditure and appropriation in the amount of $301,624 37 from the Local Road Fund (203) for this purpose A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Duggan, Laura, Engebretson and Vandersloot NAYS Pastor The Vice-President declared the resolution duly adopted Joan Lintelman, 11310 Auburndale, Livonia, 48150 stated her opposition to paying any additional assessment. Alan Wakenhut, 11300 Cranston, Livonia 48150 stated his opposition to paying any additional assessment. On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was CR 533-01 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 16, 2001, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, and a subsequent communication dated May 9, 2001, with regard to final costs for the Old Rosedale Gardens Special Assessment Street Improvement Project (S.A.D No 398), the Council does hereby refer the subject of whether the City has any recourse against Nagle Paving for the added costs to the Mayor for a report and recommendation On a motion by Engebretson, seconded by Pastor, and unanimously 33150 adopted, it was CR 534-01 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 16, 2001, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, and a subsequent communication dated May 9, 2001, with regard to final costs for the Old Rosedale Gardens Special Assessment Street Improvement Project (S.A.D No 398), the Council does hereby refer the subject of City policies as to the manner in which contracts and payment arrangements are negotiated to the Department of Law for its report and recommendation On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was CR 535-01 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 16, 2001, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, and a subsequent communication dated May 9, 2001, with regard to final costs for the Old Rosedale Gardens Special Assessment Street Improvement Project (S.A.D No 398), the Council does hereby refer the subject of the condition of the pavement (including cracks) on Elmira and Orangelawn to the Engineering Division for its report and recommendation A communication from the Engineering Division, dated July 18, 2001, re. a listing of the initial and final assessment rates for districts done between 1997 and the present, was received and placed on file for the information of the Council (S.A.D 398) Numerous letters from residents in the Old Rosedale Gardens Subdivision re their objection to paying additional assessment costs, was received and placed on file for the information of the Council (S.A.D 398) Council President Brosnan returned to the podium at 10 50 p m and the gavel was passed back to her at that time On a motion by Vandersloot, seconded by Duggan, and unanimously adopted, it was 33151 CR 536-01 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 2001, which sets forth its resolution 4-69-2001 adopted on April 24, 2001, with regard to Petition 01- 1-1-1, submitted by Adele Avolio for a change of zoning of property located on the north side of Seven Mile Road between Gary Lane and Fairlane Court in the Southwest 1/4 of Section 4, from RUFB to R-3, and the Council having conducted a public hearing with regard to this matter on Monday, July 16, 2001, pursuant to Council Resolution 325-01, the Council does hereby approve Petition 01-1-1-1 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Vandersloot, seconded by Laura, and unanimously adopted, it was CR 537-01 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 2001, which sets forth its resolution 5-74-2001 adopted on May 8, 2001, with regard to 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, and the Council having conducted a public hearing with regard to this matter on Monday, July 16, 2001, pursuant to Council Resolution 363-01, the Council does hereby approve Petition 01-4-1-4 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution Raymond Hurley, 32511 Norfolk, Livonia, 48152 spoke in favor of the rezoning On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 538-01 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 2001, which sets forth its resolution 5-79-2001 adopted on May 8, 2001, with regard to Petition 01- 33152 3-6-2, submitted by the City Planning Commission, pursuant to Council Resolution 45-01, to determine whether or not to amend Article IV, Section 4 02 of the Zoning Ordinance so as to establish various restrictions in connection with home businesses, and the Council having conducted a public hearing with regard to this matter on Monday, July 16, 2001, pursuant to Council Resolution 364-01, the Council does hereby approve Petition 01-3-6-2 for preparation of the ordinance for submission to Council, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 539-01 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 2001, which sets forth its resolution 5-80-2001 adopted on May 8, 2001, with regard to 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, and the Council having conducted a public hearing with regard to this matter on Monday, July 16, 2001, pursuant to Council Resolution 364-01, the Council does hereby refer the subject of designating drive-up windows for all types of businesses as a waiver use to the Planning Commission for its report and recommendation On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was CR 540-01 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 2001, which sets forth its resolution 5-81-2001 adopted on May 8, 2001, with regard to 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, and the Council having conducted a public hearing with regard to this matter on Monday, July 16, 2001, pursuant to Council Resolution 364-01, the Council does hereby approve Petition 01-3-6-4 for preparation of the ordinance for submission to Council, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution 33153 A communication from the Engineering Division, dated August 13, 2001, re an alternative route that Teleport Communications Group, Inc (TCG Detroit) can use relative to their request for a Telecommunications Permit, was received and placed on file for the information of the Council On a motion by Engebretson, seconded by Walsh, it was CR 541-01 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated July 17, 2001, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by Teleport Communications Group, Inc. (TCG Detroit), and the Council having conducted a public hearing with regard to this matter on Wednesday, August 8, 2001, pursuant to Council Resolution 489-01, the Council does hereby approve said application and does hereby grant a Telecommunications Permit to Teleport Communications Group, Inc (TCG Detroit), subject to the following conditions 1 That permittee shall submit engineering plans showing all existing features and the exact proposed location for cable within any public right-of-way under the jurisdiction of the City of Livonia prior to the issuance of a construction permit, using the new route as outlined in the August 13, 2001 letter from the City Engineer; 2 That appropriate construction bonds in amounts established by the City Engineer shall be posted prior to issuance of a construction permit; 3 That permitee shall pay the annual fees set forth in Council Resolution 172-01 for use of the public rights-of-way; and 4 That permitee shall reimburse the City for the costs incurred by the City in reviewing and processing the telecommunications permit application upon receipt of an invoice for such costs from the City A roll call vote was taken on the foregoing resolution with the following result. AYES Vandersloot, Walsh, Pastor, Laura, Engebretson and Brosnan NAYS Duggan The President declared the resolution duly adopted 33154 On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was CR 542-01 RESOLVED, that the Council does hereby refer the subject of the creation of a Telecommunications Thoroughfare to the Committee of the Whole for its report and recommendation On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was CR 543-01 RESOLVED, that the Council does hereby refer the subject of Telecommunications Thoroughfares and the subject of a summary of rights-of-way owned by the City in industrial corridors to the Engineering Division for its report and recommendation On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was CR 544-01 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated July 26, 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 donations of a ping pong table, extra net, paddles and ping pong balls from Mr Fred Wheeler, 15643 Edgewood, Livonia, Michigan 48152, and potato chips from Mr Dave O'Neil, 15618 Surrey, Livonia, Michigan 48154, for the City's Take Pride In Livonia Day which was held on May 5, 2001 On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was CR 545-01 RESOLVED, that having considered a communication from the President and Treasurer of Senior Citizen Achievement Needs and the Director of Community Resources, dated July 12, 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 a cash donation in the amount of $10,000 00 from Senior Citizen Achievement Needs (SCAN), the same to be deposited in and credited to Account No 701- -285-218 to be used in conjunction with the Senior Center Van Transportation Program On a motion by Pastor, seconded by Duggan, and unanimously adopted, 33155 it was CR 546-01 RESOLVED, that having considered a communication from the Director of Community Resources, dated July 19, 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 cash donations in the amount of $2,004 00 from the contributors set forth in the aforesaid communication, the same to be deposited in and credited to Account No 702-000-285-215 for use in connection with the Livonia Youth Assistance Program On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 547-01 RESOLVED, that having considered a communication from the Director of Community Resources, dated July 19, 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 a cash grant in the amount of $3,900 00 from the Target Stores, the same to be appropriated and credited to Account #702-000-285-215 for use in connection with the Livonia Youth Assistance Program On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was CR 548-01 RESOLVED, that having considered a communication from the Department of Law, dated July 23, 2001, approved for submission by the Mayor, transmitting for Council acceptance a Quit Claim Deed more particularly described as follows Quit Claim Deed dated July 12, 2001, executed by Frank and Rosalie Tislerics, to the City of Livonia for Farmington Road Right-Of-Way The West 27 00 feet of the East 60 00 feet of the Lots 119, 120, 121 and 122 of Supervisor's Livonia Plat No 2, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, as recorded in Liber 66, Page 1 of Wayne County Records the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deed, and the City Clerk is hereby requested to 33156 do all other things necessary or incidental to fulfill the purpose of this resolution I: iro On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 549-01 RESOLVED, that having considered an application from Kathye Douglas, 9818 Shadyside, received in the Office of the City Clerk on August 6, 2001, requesting permission to close Shadyside between 9818 Shadyside and 9834 Shadyside on Saturday, August 25, 2001, from 100 pm to 10'00 pm for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 26, 2001, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 550-01 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 551-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated August 2, 2001, approved for submission by the Mayor, to which is attached a communication from the Michigan Department of Transportation, dated July 26, 2001, requesting the waiver of any applicable City noise ordinance for the Michigan Department of Transportation in order to permit night and weekend work in connection with the 1-275 Expressway diamond grinding, from Five Mile Road to Ten Mile Road, to reduce the noise levels in the neighborhoods adjacent to the 1-275 Expressway, the Council does hereby approve this request and does hereby waive all applicable work hour/noise provisions of the Livonia Code of Ordinances for these specific projects in order to serve the overall best interests of the public and to promote the prompt completion of this project, subject to the following conditions aft. 33157 1 Work is not to be performed after 11.00 p m in those areas adjacent to or within 500 feet of residential developments as shown on the attached map 2 The City reserves the right to withdraw this waiver if, in the opinion of the City Engineer, the work is injurious to the public health, safety and welfare On a motion by Engebretson, seconded by Pastor, and unanimously adopted, this 1,446th Regular Meeting of the Council of the City of Livonia was adjourned at 11 15 p m , August 13, 2001 Ydai Jo n McCotter, City Clerk t..