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HomeMy WebLinkAboutCOUNCIL MINUTES 2000-06-14 32343 MINUTES OF THE ONE THOUSAND FOUR HUNDRED NINETEENTH REGULAR MEETING OF JUNE 14, 2000 On June 14, 2000, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8.00 p m Councilmember Vandersloot led the Councilmembers in the Pledge of Allegiance in honor of Flag Day 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, Robert Beckley, Director of Public Works, Brian Wilson, Assistant Superintendent of Public Service, Ron Reinke, Superintendent of Parks and Recreation, Linda McCann, Director of Community Resources, Jeanne Treff, Administrative Assistant — Cable Division, and Ian Wilshaw, Traffic Commission On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 425-00 RESOLVED, that the minutes of the 1,418th Regular Meeting of the Council held June 5, 2000 are hereby approved as submitted During the audience communication portion of the meeting, Dave O'Neil, 15618 Surrey, spoke about his concern regarding the frequent electric power outages in the northwest section of Five Mile and Farmington Roads On a motion by Vandersloot, seconded by Laura, and unanimously adopted, it was 32344 CR 426-00 RESOLVED, that having considered remarks by Mr Dave O'Neil, 15618 Surrey, about frequent electrical power outages in the Five Mile and Farmington Roads area, the Council does hereby refer this matter to the Administration for a report and recommendation City Clerk Joan McCotter announced the "Relay For Life" Walk, sponsored by the American Cancer Society that will take place in Livonia on Friday and Saturday, June 16 and 17, 2000 Councilmember Laura and State Representative Laura Toy gave a commendation to Mr Ken Timmons on the occasion of his retirement from the Livonia School Board Councilmember Laura and State Representative Laura Toy gave a commendation to Ms Dianne Nay on the occasion of her retirement from the Livonia School Board Councilmember Duggan reminded everyone that the Livonia SPREE will be in process next week and everyone will be assured of an enjoyable time Councilmember Engebretson reminded everyone of the Greenmead Garden Walk to be held on June 24, 2000 On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 427-00 RESOLVED, that having considered an application from Ron Targanski, 20073 Stamford, dated May 15, 2000, requesting permission to close Myron between the addresses of 19897 and 19948 on Saturday, July 15, 2000, 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, July 16, 2000, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 428-00 RESOLVED, that having considered an application from Terry Lambert, 33051 Perth, dated May 24, 2000, requesting permission to close Perth between Westmore and Loveland on Saturday, July 8, 2000, from 1 00 p m to 9.00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, July 15, 2000, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. 32345 A communication from Robert A. McCann, General Manager of Time Warner Cable of Livonia, dated May 22, 2000 re the sixteenth Annual Report of Time Warner Cable of Livonia, was received and placed on file for the information of the Council A communication from the Department of Community Resources, dated June 12, 2000, re Attachment A — a history of Time Warner access channel viewing, and Attachment B — Year 2000 customer survey arranged by time viewed of Time Warner access channels, was received and placed on file for the information of the Council CR 429-00 RESOLVED, that the Council does hereby request that Time Warner submit additional information to the Council regarding the year-by- year history of the frequency that each public access channel is watched by cable subscribers CR 430-00 RESOLVED, that the Council does hereby refer the subject of an index of channels (from those most frequently watched to those never watched) to the Department of Community Resources for its report and recommendation CR 431-00 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated May 17, 2000, approved for submission by the Mayor, the Council does hereby approve the renewal of the contract with Medical Management Systems of Michigan, Inc , 1701 Lake Lansing Road, Suite 100, Lansing, Michigan 48912, for providing ambulance billing services for the period from June 30, 2000 until 30 days after a proposal for ambulance billing services is selected by the Council from those pending in the Finance, Insurance and Budget Committee, under the same rates, terms and conditions as the 1996 contract; FURTHER, the Council does hereby authorize the action herein 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 to execute a contract, for and on behalf of the City of Livonia, with the aforesaid company and to do all things necessary or incidental to the full performance of this resolution CR 432-00 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated May 25, 2000, 32346 approved for submission by the Mayor, and to which is attached a list of adjustments required for the 2000 budget, the Council does hereby authorize the said budget adjustments and transfers in the manner and form set forth in the attachment. CR 433-00 RESOLVED, that having considered a communication from the Director of Community Resources, dated May 16, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the grant in the amount of$2,154 00 from the Office of Services to the Aging, the same to be used to purchase a refrigerator for the Shelden Park Senior Center CR 434-00 RESOLVED, that having considered a communication from the Director of Community Resources and the Chairman of the Livonia Historical Commission, dated May 24, 2000, approved for submission by the Mayor, to which is attached a proposal from John Linardos, President, Motor City Brewing Works, Inc , on behalf of the Michigan Brewers Guild, dated May 24, 2000, requesting permission to hold the Third Annual Michigan Brewers Festival on July 22, 2000, at Greenmead, the Council does hereby grant permission as requested, the action taken herein being subject to the following conditions 1 That the Michigan Brewers Guild and all equipment operators shall provide the City of Livonia with appropriate insurance policies naming the City of Livonia as additional insured with liability coverage of $1 million, and all certificates of insurance shall be submitted to the Department of Law for approval by the City prior to the event; 2 That the Michigan Brewers Guild and any vendors involved in the sale of beer or wine on Greenmead property shall provide the City of Livonia with an insurance policy naming the City of Livonia as additional insured with liquor liability coverage in the amount of $1 million, such certificate to be submitted to the Department of Law for approval by the City prior to the event; 3 That the Michigan Brewers Guild shall execute a hold harmless agreement in favor of the City of Livonia in a manner and form acceptable to the Department of Law; 4 That all vendors must obtain transient merchant licenses from the City of Livonia prior to the event, and all necessary licenses and permits from state and county agencies prior to the event; and 32347 5 That the Michigan Brewers Guild shall pay an event fee in the amount of $2,000 00, as well as the police fee as stated on the City of Livonia Fees/Waivers IV Category Grid as established in Council Resolution 371-93, adopted on May 5, 1993 CR 435-00 RESOLVED, that having considered the report and recommendation of the Department of Law, dated May 26, 2000, approved for submission by the Mayor, submitted pursuant to Council Resolution 225-00, in connection with a proposed Consent Agreement for Use of the Public Rights-of-Way between the City of Livonia and Metricom, Inc., for a period of nine years for the placement of radios on utility poles located with the City's rights-of-way for Metricom's Ricochet digital mobile data communications service subject to payment on a quarterly basis of a use fee in the amount of two and two one-hundredths percent (2 02%) of gross revenues, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Consent Agreement in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution CR 436-00 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Albert Flores, 19548 Hillcrest, Livonia, Michigan 48152, is hereby reappointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2003, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 CR 437-00 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Dianne L. Nay, 19699 Stamford, Livonia, Michigan 48152, is hereby appointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2003, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207, and further provided that Ms Nay takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk CR 438-00 RESOLVED, that having considered a communication from Councilmember John J Walsh, dated June 5, 2000, the Council does hereby refer the subject of the respective responsibilities of the Council, Planning Commission, Zoning Board of Appeals and the Administration, and the inter-relationship of such bodies, as it relates to the application of, modification to and variance from applicable zoning ordinances, site plan petitions, and related matters to the Department of Law for its report and recommendation 32348 CR 439-00 RESOLVED, that having considered a communication from Councilmember John J Walsh, dated June 5, 2000, the Council does hereby refer the matter of establishing a commission consisting of city officials, civic leaders and business leaders to review and make recommendations regarding the City's Public Hearing process and procedures relating to application of the zoning ordinance, variances, site plan petitions and similar matters to the mayor for his report and recommendation CR 440-00 RESOLVED, that having considered a communication from Councilmember John J Walsh, dated June 5, 2000, the Council does hereby refer the matter of review of the City's Public Hearing process and procedures relating to application of the zoning ordinance, variances, site plan petitions and similar matters to the Legislative ommittee for its report and recommendation CR 441-00 RESOLVED, that having considered a communication from Councilmember John J Walsh, received in the Office of the City Clerk on May 22, 2000, the Council does hereby refer the subject of storage of vehicles on residential property to the Legislative Committee for its report and recommendation CR 442-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 11, 2000, approved for submission by the Mayor, the Council does hereby authorize the release to William L Roskelly, 33177 Schoolcraft, Livonia, Michigan 48150, the proprietor of Western Golf Estates Subdivision, located in the northeast 1/4 of Section 24, of the financial assurances previously deposited pursuant to Council Resolution 668-90 adopted on July 25, 1990, and subsequently amended by Council Resolution 891-91 adopted on November 20, 1991 , specifically a) General Improvement Bond $59,000 ($6,000 minimum cash), b) Sidewalk Bond 72,000 ($5,000 minimum cash); c) Grading and Soil Erosion Control 9,900 ($2,000 minimum cash), d) Entrance Markers 5,000 ($2,000 minimum cash), and e) Monuments and Markers 3,425 (all cash) 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 32349 CR 443-00 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 15, 2000, which bears the signature of the Director of Finance, is approved by the Director of Public Works, approved as to form by the City Attorney, and approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia, the Michigan Department of Transportation, and Wayne County, for the improvement of Farmington Road from 1-96 to Five Mile Road, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Agreement in the manner and form herein submitted, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $53,978 00 from the $12 Million General Obligation Road Bond Issue for the City's estimated share of this project; and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed Agreement, to the Wayne County Department of Public Services, Division of Engineering CR 444-00 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 2000, which transmits its resolution 5-98-2000 adopted on May 9, 2000, with regard to Petition 99- 9-3-2, submitted by Michael Kosmowski, requesting the vacating of property situated in the Thomas Elliot Subdivision in the North 1/2 of Section 36, and having also considered the letter from the Engineering Division, dated April 14, 2000, approved for submission by the Mayor, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said petition, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution CR 445-00 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 2000, which transmits its resolution 5-99-2000 adopted on May 9, 2000, with regard to Petition 00- 2-3-1, submitted by Razvan Vasu-Demetriade, requesting the vacating of property situated in the Thomas F O'Connor's Merriman Park Subdivision in the Southeast 1/4 of Section 10, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said petition, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution CR 446-00 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 2000, which transmits its resolution 5-103-2000 adopted on May 9, 2000, with regard to Petition 00- i 4-8-4 submitted by John Marvsich, on behalf of Dunkin Donuts, requesting site plan approval in connection with a proposal to construct additions to the commercial building located at 19010 Middlebelt Road in the 32350 Northwest 1/4 of Section 12, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation CR 447-00 RESOLVED, that having considered a communication from Rocky Zebari, on behalf of Country Style Market, received in the Office of the City Clerk on June 1, 2000, 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 May 25, 2000, by the City Planning Commission in its resolution 5-109-2000 with regard to Petition 00-4-SN-4 submitted by Country Style Market requesting approval for signage for the commercial building located at 19618 Middlebelt Road in the Southwest 1/4 of Section 1, the Council does hereby designate Monday, August 28, 2000, 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 CR 448-00 RESOLVED, that having considered a communication from the Chair of the Cable Television Commission, dated June 5, 2000, approved by the Director of Community Resources, approved as to form by the City Attorney and approved for submission by the Mayor, with regard to the proposed Time Warner Cable Television Franchise Ordinance granting a renewal of the cable television franchise to Time Warner Cable, the Council does hereby designate Monday, August 14, 2000, at 7 00 p m as the date and time for conducting a Public Hearing with regard to the adoption of such proposed ordinance, 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 Section 2 100 030A of the Livonia Code of Ordinances CR 449-00 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from General Motors Corporation, GM Powertrain, dated May 24, 2000, covering new industrial facilities to be located within City of Livonia Industrial Development District No 2, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 32351 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property that will be affected, as required by Act 198, P.A. 1974, as amended 2. The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, August 21, 2000, at 7.00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, August 21, 2000, at TOO p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application CR 450-00 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Roush Industries, Inc , dated May 30, 2000, covering new industrial facilities to be located within City of Livonia Industrial Development District No 51, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows. 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property that will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, August 21, 2000, at TOO p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, August 21, 2000, at 7 00 pm at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application A roll call vote was taken on the foregoing resolutions with the following result: AYES Vandersloot, Walsh, Pastor, Duggan, Laura, Engebretson and Brosnan 32352 NAYS None A communication from the Department of Public Works, dated May 5, 2000, re the proposed new solid waste contract with Waste Management, the previous solid waste contract with Waste Management dated May 1, 1997, and historical information regarding recycling community volumes and pricing for curbside recycling program, was received and placed on file for the information of the Council A Letter of Agreement between the City and Waste Management, dated May 5, 2000, re standardizing the residential waste receptacles, was received and placed on file for the information of the Council A communication from Commercial Removal L L C , 32950 Five Mile Road, Livonia, Michigan 48154, dated June 6, 2000, re their capability of providing service to meet the City's solid waste, recycling and composting needs, was received andp laced on file for the information of the Council A communication from Republic Waste Services of Michigan, 46850 Van Born Road, Wayne, Michigan, 48184, dated June 13, 2000, re their ability to be the City of Livonia's solid waste service provider, was received and placed on file for the information of the Council A communication from Onyx Waste Services, Inc , 10599 W Five Mile Road, Northville, Michigan 48167, dated June 13, 2000, re their interest in becoming the City of Livonia's solid waste service provider, was received and placed on file for the information of the Council A fax communication from Farmington Hills, Michigan, dated June 13, 2000, re wording in their contract with respect to terminating its individual service L 32353 contract with Waste Management, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Laura, and unanimously approved, it was CR 451-00 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated May 10, 2000, submitted pursuant to Council Resolution 932-98, regarding the solid waste/recycling contract between the City of Livonia and Waste Management of Michigan, Inc , the Council does hereby refer the matter of reviewing and amending Chapter 13 36, Municipal Refuse Disposal System, in particular, Sections 13 36 230, 13 36 460 and 13 36 560, of the Livonia Code of Ordinances, as amended, with respect to the maximum size and weight of garbage containers/receptacles and the hours of collection to the Department of Law for a report and recommendation, such report to be submitted to the Legislative Committee On a motion by Engebretson, seconded by Vandersloot, it was CR 452-00 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated May tior 10, 2000, submitted pursuant to Council Resolution 932-98, and a communication from the Director of Public Works, dated May 5, 2000, approved by the City Attorney and approved for submission by the Mayor, regarding the solid waste/recycling contract between the City of Livonia and Waste Management of Michigan, Inc , the Council does hereby accept the proposal of Waste Management of Michigan, Inc , 19200 West Eight Mile Road, Southfield, Michigan 48075, to perform solid waste collection, disposal recycling and related services for the City of Livonia for a four-year and eight month period commencing April 1, 2000, through November 30, 2004, in the amount of $23,614,488 54, FURTHER, the wording "tight-fitting covers" shall be deleted from the contract; FURTHER, a date and time specified by the Director of Public Works in relation to the Hazardous Waste Day shall be included in the contract; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Walsh, Pastor, and Engebretson 16. 32354 NAYS Duggan, Laura and Brosnan The President declared the resolution duly adopted A communication from the Public Service Division, dated June 9, 2000, re the proposed Service Specifications for the Waste/Recycling Contract with Waste Management, was received and placed on file for the information of the Council Councilmember Pastor left the podium at 8 55 p m due to a potential conflict of interest. A communication from the Administrative Committee, dated May 25, 2000, re selection of Construction Manager for a new Livonia Community Recreation Center and Eddie Edgar Ice Rink Renovation and Expansion was received and placed on file for the information of the Council A communication from Rudolph/Libbe, Inc , dated May 31, 2000, re correction of amounts in Attachment 4 on their previously submitted proposal for the {lbw new Livonia Community Recreation Center and Eddie Edgar Ice Rink Renovation and Expansion, was received and placed on file for the information of the Council A communication from the Administrative Committee, dated June 1, 2000, re the corrected amount of the Rudlph/Libbe, Inc. proposal for the new Livonia Community Recreation Center and Eddie Edgar Ice Rink Renovation and Expansion, was received and placed on file for the information of the Council A communication from Sverdrup CRSS, dated May 31, 2000, re declining an invitation to make a presentation to the Capital Improvement Committee in relation to the new Livonia Community Recreation Center and Eddie Edgar Ice Rink Renovation and Expansion, was received and placed on file for the information of the Council 32355 A communication from Bedzyk Brothers, dated June 5, 2000, re revision of the Construction Management fee on their proposal for the new Livonia Community Recreation Center and Eddie Edgar Ice Rink Renovation and Expansion , was received and placed on file for the information of the Council A communication from Bedzyk Bros , Inc , dated June 12, 2000, re selection of a construction manager for the new Livonia Community Recreation Center and Eddie Edgar Ice Rink Renovation and Expansion, was received and placed on file for the information of the Council On a motion by Engebretson, seconded by Vandersloot , and unanimously adopted, it was CR 453-00 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 13, 2000, submitted pursuant to Council Resolution 402-96, with respect to the feasibility of building an all-season indoor sports complex to be paid for by user fees, and the report and recommendation of the Administrative Committee (Director of Public Works, Superintendent of Parks and Recreation, Assistant City Attorney, Building Consultant and Director of Finance), dated May 25, 2000, approved for submission by the Mayor, the Council does hereby accept the proposal of Etkin Skanska Construction Company, 30445 Northwestern Highway, Suite 250, Farmington Hills, Michigan 48344, and Schostak Brothers & Co , Inc., 25800 Northwestern Highway, Suite 750, Southfield Michigan 48075, to jointly serve as Construction Manager in connection with construction of the new Livonia Community Recreation Center and the Eddie Edgar Ice Rink Renovation and Expansion for the estimated sum of $1,498,792 00 of which $89,500 00 is to be paid for pre-construction phase services, $595,000 00 for construction phase services, pursuant to the Agreement between City and Construction Manger attached to the May 25, 2000 Letter of Recommendation (the "contract"), and $814,292 00 reimbursable expenses, as stated in the Phase II response submitted by Etkin Skanska and Schostak Brothers & Co , Inc , and dated May 7, 2000, to the City's request for proposal/qualifications for Construction Management Services, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract, substantially in the form of the Contract, for and on 32356 behalf of the City of Livonia, with the aforesaid company, and to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Walsh, Duggan, Laura, Engebretson and Brosnan NAYS None The President declared the resolution duly adopted A communication from the Department of Finance, dated June 9, 2000, re summarizing the General Conditions in response to the Request For Proposal submitted by the four finalists for the Construction Manager contract for a new Livonia Community Center and Eddie Edgar Ice Rink Renovation and Expansion, was received and placed on file for the information of the Council A communication from the Public Service Division, dated June 12, 2000, re additional information in the selection process of a Construction Manager for the new Livonia Community Recreation Center and Eddie Edgar Ice Rink Renovation and Expansion, was received and placed on file for the information of the Council Mayor Jack E Kirksey spoke regarding the selection of a Construction Manager for the new Livonia Community Recreation Center and Eddie Edgar Ice Rink Renovation and Expansion Mr Polsinelli, Vice-President of Schostak Brothers & Company, Inc., and James Cole, Jr , Executive Vice-President of Etkin Skanska Construction Company both spoke about their enthusiasm in being involved in the Community Recreation Center and Eddie Edgar Ice Rink Renovation and Expansion project. Councilmember Pastor returned to the podium at 9 24 p m On a motion by Laura, seconded by Engebretson, and unanimously adopted, it was CR 454-00 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 32357 13, 2000, submitted pursuant to Council Resolution 374-00, and a communication from the City Planning Commission, dated April 12, 2000, which transmits its resolution 4-77-2000 adopted on April 11, 2000, with regard to Petition 00-3-8-3 submitted by Ben Tiseo, Tiseo Architects, Inc., requesting site plan approval in connection with a proposal to construct an office building on property located at 19815 Farmington Road in the Northeast 1/4 of Section 4, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-3-8-3 is hereby approved and granted, subject to the following conditions 1 That the site and landscape plan marked Sheet P1, dated May 30, 2000, as revised, prepared by Tiseo Architects, Inc , is hereby approved and shall be adhered to, except that a greenbelt shall be substituted in lieu of the protective wall along that portion of the North property line where it abuts Lot 12 of Crosswinds Estates Subdivision, as shown on Sheet P1, dated May 11, 2000, 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 3 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, 4 That the exterior building elevation plan marked Sheet P2 dated April 13, 2000, as revised, prepared by Tiseo Architects, Inc., is hereby approved and shall be adhered to, 5 That the brick used in the construction of the buildings shall be full- face four (4") inch brick, no exceptions, 6 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building, and the enclosure gates shall be maintained and, when not in use, closed at all times, 7 That all light standards shall be shielded from the adjacent properties and shall not exceed 20 ft. in height; 8 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in the correspondence dated April 3, 2000 32358 that all handicap spaces shall be identified and shall comply with the Michigan Barrier Free requirements, that all parking spaces shall be double striped, 9 That the landscape greenbelt along the north property line shall be permanently substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, and shall be screened as much as possible for the neighbors, 10 That the business center sign shown on the approved site plan is hereby approved and shall not exceed 18 square feet in sign area, and 11 That the petitioner shall grant a conservation easement acceptable to the Department of Law after the drain is installed for the west 50 feet of the property Mr Tiseo thanked the Council for their hard work. On a motion by Duggan, seconded by Laura, it was CR 455-00 RESOLVED, that having considered a letter from Mr David Walker, dated May 16, 2000, requesting elimination of the sidewalk requirement with respect to the new construction located at 19032 Doris, the Council does hereby deny this request A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Duggan, Laura and Brosnan NAYS Vandersloot, Walsh and Engebretson The President declared the resolution duly adopted A communication from the Engineering Division, dated June 12, 2000, re request to waive sidewalks at 19032 Doris be denied, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Laura, and unanimously adopted, it was 32359 CR 456-00 RESOLVED, that having considered a communication from the City Assessor, dated May 25, 2000, approved for submission by the Mayor, with regard to a request from Mr and Mrs Paul Bailey, 16983 Merriman, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing Tax Item No 46 001 04 0226 000 into two (2) parcels since the same would be in violation of the City's zoning ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice Mr Paul Bailey, 16983 Merriman, Livonia, was present at the meeting and stated his disagreement with the Council's decision to deny the lot split at 20030 St. Francis. A communication from the Planning Department, dated June 12, 2000, re the proposed lot split at 20030 St. Francis, submitted by Mr and Mrs Paul Bailey, 16983 Merriman, was received and placed on file for the information of the Council A Plat of Survey for Lots 226 and 227 on St. Francis Avenue, received on June 13, 2000, re the proposed lot split of Mr and Mrs Paul Bailey, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Walsh, it was RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 2000, which transmits its resolution 5-96-2000, adopted on May 9, 2000, with regard to Petition 00- 3-2-15, submitted by Arbor Drugs, Inc , d/b/a CVS Pharmacy, requesting waiver use approval to utilize SDD and SDM licenses in connection with a new pharmacy proposed to be located on the northeast corner of Middlebelt Road and Seven Mile Road in the Southwest 1/4 of Section 1, which property is zoned C-2, the Council does hereby reject, in part, the recommendation of the City Planning Commission and said Petition 00-3- 2-15 is hereby approved and granted with respect to the SDM license only, and is denied with respect to the SDD license for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed uses are in compliance with all the general waiver use standards and requirements as set forth in Section 19 06 of Zoning Ordinance No 543, 32360 2 That this area of the City is currently well served with SDD-licensed establishments selling packaged alcoholic beverages, and 3 That the petitioner has not sufficiently demonstrated a need in the area for additional sales of packaged alcoholic beverages such as are permitted by the utilization of an SDD license Mr William Yates, 14329 Lyons, Livonia, representing CVS Pharmacy, was present at the meeting to answer questions of the Council Councilmember Walsh withdrew his support from the foregoing resolution Councilmember Duggan offered support for the foregoing resolution On a motion by Engebretson, seconded by Laura, it was. RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 2000, which transmits its resolution 5-96-2000, adopted on May 9, 2000, with regard to Petition 00- 3-2-15, submitted by Arbor Drugs, Inc., d/b/a CVS Pharmacy, requesting waiver use approval to utilize SDD and SDM licenses in connection with a new CVS pharmacy proposed to be located on the northeast corner of Middlebelt Road and Seven Mile Road in the Southwest 1/4 of Section 1, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 00- 3-2-15 is hereby approved and granted A roll call vote was taken on the motion to substitute as follows AYES Vandersloot, Walsh, Laura, Engebretson and Brosnan NAYS Pastor and Duggan The President declared the motion to substitute adopted On a motion by Engebretson, seconded by Laura, it was. CR 457-00 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 2000, which transmits its resolution 5-96-2000, adopted on May 9, 2000, with regard to Petition 00- 3-2-15, submitted by Arbor Drugs, Inc , d/b/a CVS Pharmacy, requesting waiver use approval to utilize SDD and SDM licenses in connection with a new CVS pharmacy proposed to be located on the northeast corner of 32361 Middlebelt Road and Seven Mile Road in the Southwest 1/4 of Section 1, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 00- 3-2-15 is hereby approved and granted, FURTHER, that the petitioner will comply with the requirements of paragraph (g) of Section 10 03 of Article X of Ordinance 543, and shall display all alcoholic liquor behind a counter with no direct public access A roll call vote was taken on the substitute resolution with the following result: AYES Vandersloot, Walsh, Duggan, Laura, Engebretson, and Brosnan NAYS Pastor The President declared the substitute resolution adopted A revised site plan submitted by Rocky Zebari on behalf of Kim's Auto for waiver use approval to utilize additional building area for parts storage and product display within an existing auto repair shop located at 29623 W Eight Mile Road, Livonia, was received and placed on file for the information of the Council (Petition 00- 4-2-16) On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 458-00 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 2000, which transmits its resolution 5-97-2000, adopted on May 9, 2000, with regard to Petition 00- 4-2-16, submitted by Rocky Zebari, on behalf of Kim's Auto, requesting waiver use approval to utilize additional building area for parts storage and product display in connection with an existing auto repair shop located on the south side of Eight Mile Road, between Beatrice and Hugh Avenues, in the Northeast 1/4 of Section 2, which property is zoned M-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 00-4-2-16 is hereby approved and granted, subject to the following conditions 1 That the site plan, marked Sheet 1, prepared by Seymour Zate, Architect, received by the Planning Commission on April 12, 2000, is hereby approved and shall be adhered to, 32362 2 That the landscaping on the site shall be repaired and restored so as to be in conformance with the landscape plan, prepared by Landesign, as received by the City Council Office on March 23, 1999 (approved in connection with Petition 98-11-2-22), and shall thereafter be permanently maintained in a healthy condition, 3 That there shall be no additional changes to the exterior of the building unless approved by the Planning Commission and City Council, 4 That the entire parking lot shall be repaired, resealed and double striped so as to be in conformance with the site plan, 5 That there shall be no overnight outdoor parking or storage of vehicles on the site, 6 That there shall be no outdoor storage of auto parts, equipment, scrap material, debris or other similar items generated by the subject use, 7 That the vehicle repair work conducted in connection with the proposed use shall not permit such repair as bumping, painting, spraying or rustproofmg, 8 That the repair shop area will continue to be confined to the area where it presently occurs in the southwesterly portion of the building, 9 That the additional area of the building shall be used only for customer waiting, product display, office and storage (including indoor overnight parking of vehicles), 10 That all of the site and building maintenance problems outlined in the correspondence dated April 25, 2000, from the Inspection Department shall be rectified to that department's satisfaction, 11 That there shall be no test driving of vehicles on Beatrice or any other side streets, and 12 That all of the concerns outlined in the correspondence dated May 2, 2000, from the Traffic Bureau shall be rectified to the Police Department's satisfaction Mr Kim was present at the meeting to answer questions of the Council REVISED - CR 459-00 32363 On a motion by Laura, seconded by Duggan, and unanimously adopted, it was CR 459-00 RESOLVED, that having considered a communication from the City Planning Commission, dated March 1, 2000, which sets forth its resolution 2-34-2000 adopted on February 29, 2000, with regard to Petition 99-6-1-6, submitted by Marvin Walkon for a change of zoning of property located on the west side of Newburgh Road between Pembroke Avenue and St. Martins Avenue, in the Northeast 1/4 of Section 6, from RUFC to RC, and the Council having conducted a public hearing with regard to this matter on May 31, 2000, pursuant to Council Resolution 187-00, as amended and revised by Council Resolution 312-00, the Council does hereby approve Petition 99-6-1-6 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 A communication from Gary Shapiro, Ivanhoe Companies, indicating that he would be unable to be present at the City Council meeting of June 14, 2000, and Kevin Christiansen would be there in his place, was received and placed on file for the information of the Council (Petition 99-6-1-6). Mr Kevin Christiansen was present at the meeting representing the petitioner and to answer questions of the Council (Petition 99-6-1-6) Mr Ron Olszewski, 37616 St. Martins, Livonia, expressed his concern that the compromises agreed upon by the neighbors and the company be included in the site plan regarding Petition 99-6-1-6 Councilmember Duggan left the podium at 9 52 p m due to a conflict of interest. On a motion by Laura, seconded by Vandersloot, and unanimously adopted, it was CR 460-00 RESOLVED, that having considered a communication from the City Planning Commission, dated April 4, 2000, which sets forth its resolution 3-58-2000 adopted on March 28, 2000, with regard to Petition 32364 00-2-1-3, submitted by Leo Soave for a change of zoning of property located on the south side of Clarita Avenue between Middlebelt Road and Melvin Avenue (29705 Clarita), in the Northeast 1/4 of Section 11, from R- 5 to R-1, and the Council having conducted a public hearing with regard to this matter on May 31, 2000, pursuant to Council Resolution 277-00, the Council does hereby approve Petition 00-2-1-3 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Walsh, Pastor, Laura, Engebretson and Brosnan NAYS None The President declared the foregoing resolution duly adopted Councilmember Duggan returned to the podium at 9 53 p m Shelley Garrison, 18626 Gillman, Livonia, declared her hope that the matter of change of zoning for Petition 00-2-1-3 would be handled expeditiously because her family would like to move to one of the lots involved before the opening of school in the fall Lou Santo, 37600 St. Martins, Livonia, spoke to the Council about his concerns regarding a hole in a berm at the end of his street that is very large and could prove to be hazardous On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was CR 461-00 RESOLVED, that having considered remarks of Lou Santo, 37600 St. Martins, regarding a large hole in a berm at the end of his street, the Council does hereby determine to refer the subject matter to the Inspection Department for a report and recommendation, FURTHER, that action will be taken on this matter within 21 days During the audience communication portion of the meeting, Council President Brosnan wished her husband Sean a "Happy Anniversary" on the occasion of their 8th wedding anniversary 32365 On a motion by Engebretson, seconded by Duggan, and unanimously adopted, this 1419th Regular Meeting of the Council of the City of Livonia was adjourned at 1002 p m., June 14, 2000 909A/1, 714t 6011LVT, Joan McCotter, City Clerk