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HomeMy WebLinkAboutCOUNCIL MINUTES 1998-04-08 30870 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SIXTY-SIXTH Fy: REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 8, 1998, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Duggan delivered the invocation. Roll was called with the following result: Brian Duggan, Joe Laura, Maureen Miller Brosnan, John J Walsh, Val I Vandersloot, John R. Pastor, and Jack Engebretson Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; John Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, Linda McCann, Director of Community Resources, and Ronald Reinke, Superintendent of Parks and Recreation. On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #238-98 RESOLVED, that the minutes of the 1,365th Regular Meeting of the Council of the City of Livonia, held March 23, 1998, are hereby approved as submitted No one from the audience spoke at this time Councilmember Brosnan informed those in attendance and those in the viewing audience that Barbara Feenstra, wife of former Councilmember Fernon P Feenstra, recently underwent surgery for a lung transplant, which she had to wait two (2) years for Barbara is on a respirator and recuperating slowly, but so far is doing fine A communication from the Engineering Division, dated April 1, 1998, re status of the Hillcrest Court Development Project, at Five Mile and Spanich Court, on 30871 the east side of Kroger was received and placed on file for the information of the Council A communication from the Engineering Division, dated April 1, 1998, re status of the Pines of Winfield Subdivision was received and placed on file for the information of the Council A communication from the Department of Law, dated April 3, 1998, re additional information on Ordinance procedures to ensure satisfactory completion of subdivisions was received and placed on file for the information of the Council (CR 658-97) On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was #239-98 RESOLVED, that the Council does hereby refer to the Department of Law for the preparation of a Zoning Ordinance amendment pursuant to their correspondence dated April 3, 1998, with respect to imposing bonding requirements pursuant to MCL 125 584e A communication from the Department of Law, dated March 18, 1998, re West Livonia Conareaation of Jehovah's Witnesses v City of Livonia, United States District Court Case No 96-CV-60280, Wayne County Circuit Court Case No 96- 626417-CK, was received and placed on file for the information of the Council President Engebretson recognized Cub Scout Pack 861 from Tyler School as being in attendance at the meeting, along with their Scout Master, Bill Clemmons A communication from the Engineering Division, dated April 2, 1998, re new data regarding the signal modification at Newburgh Road and Holmes Junior High School was received and placed on file for the information of the Council (Consent trio Agenda Item #17) 30872 On a motion by Duggan, seconded by Brosnan, it was #240-98 RESOLVED, that having considered a request from air Councilmember Val Vandersloot, the Council does hereby refer the subject of a review of the current procedures utilized by the Assessor's Office for lot splits with respect to conforming lots to the Streets, Roads and Plats Committee for its report and recommendation #241-98 RESOLVED, that having considered a communication from the City Assessor, dated March 12, 1998, approved for submission by the Mayor, with regard to a request from Scott and Lisa Standley, 18272 Brentwood, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-046-01-0023-000 into two (2) parcels, the legal descriptions of which shall read as follows. PARCEL 1: Lot 24 of Thomas F O'Connor's Middle Belt Sub , City of Livonia, Wayne County, Michigan, as recorded in Liber 68 of Plats, Page 96 of Wayne County Records PARCEL 2: Lot 23 of Thomas F O'Connor's Middle Belt Sub , City of Livonia, Wayne County, Michigan, as recorded in Liber 68 of Plats, Page 96 of 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 to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals #242-98 RESOLVED, that having considered a letter from Mr Al Flores, dated March 18, 1998, requesting elimination of the sidewalk requirement with respect to the new construction located at 18560 Shadyside, 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 #243-98 RESOLVED, that having considered a communication from the Mayor, dated March 16, 1998, wherein he has requested approval of the reappointment of Stan Anderson, 28428 Elmira, Livonia, Michigan 48150, to the Livonia Plymouth Road Development Authority for a four- year term expiring May 16, 2002, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public 30873 Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. #244-98 RESOLVED, that having considered a communication from the Mayor, dated March 16, 1998, wherein he has requested approval of the reappointment of Scott Grace, 31007 Munger, Livonia, Michigan 48154, to the Livonia Plymouth Road Development Authority for a four- year term expiring May 16, 2002, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. #245-98 RESOLVED, that having considered a communication from the Mayor, dated March 16, 1998, wherein he has requested approval of the reappointment of Mike Polsinelli, Schostak Bros., 25800 Northwestern Highway, Suite 750, Southfield, Michigan 48075, to the Livonia Plymouth Road Development Authority for a four-year term expiring May 16, 2002, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. #246-98 RESOLVED, that having considered a communication from the Mayor, dated March 18, 1998, wherein he has requested approval of the reappointment of Scott Grace, 31007 Munger, Livonia, Michigan 48154, to the Local Officers Compensation Commission for a seven-year term expiring April 2, 2005, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. #247-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 10, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) 1998 E-350 12 passenger Sport Van from Varsity Ford, Inc., P 0 Box 2507, 3480 Jackson Avenue, Ann Arbor, Michigan 48106, for a total cost of $20,540 70, including delivery, the same to be expended from funds already budgeted for this purpose in Housing Department Capital Outlay Account No 296-831-982-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071 B8000285), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended; FURTHER, the Council does hereby authorize the disposal of one (1) surplus City-owned vehicle 30874 (Vehicle #539, a 1989 Ford Van) at public auction after receipt of the new vehicle #248-98 RESOLVED, that having considered a communication from the Director of Community Resources, dated March 18, 1998, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed amendment to Fiscal Year 1998 Municipal Credit and Community Credit Contract, which allocates Fiscal Year 1998 municipal credit funds ($24,486 00) to be used toward the Community Based Service Plan being planned with SMART, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said agreement in the manner and form herein submitted. #249-98 RESOLVED, that having considered a communication from the Director of Community Resources, dated March 18, 1998, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed amendment to Fiscal Year 1998 Municipal Credit and Community Credit Contract, which allocates Fiscal Year 1998 municipal credit funds ($24,486 00) to be used toward the Community Based Service Plan being planned with SMART, the Council does hereby refer this matter to the Finance, Insurance and Budget Committee for tracking purposes. #250-98 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 11, 1997, and a report and recommendation of the Chief of Police, dated March 5, 1998, in connection therewith, the Council does hereby recommend approval of the request from Papa Joe's of Livonia, Inc., to transfer stock in 1997 Class C licensed business with two bars from Audrey J Baier Trust and Charles A. Baier, Successor Trustee, (5,000 shares) to new stockholders, John C Baier and Brett M Baier (2,500 shares each) (Step II) for a business located at 27725 W Eight Mile Road, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #251-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 17, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which indicates that the Parks and Recreation Commission has recommended that permission be granted to the Livonia Family "Y" to hold their Annual Spring Cup Tournament on June 20, 1998, at Bicentennial Park under the following conditions 30875 1 That Livonia Family "Y" submit a list of the following items to be sold at concessions, porta-johns and other equipment needed for approval by the Department of Parks and Recreation, oit.. 2 That the Livonia Family "Y" assume responsibility for any related expenses, i e , porta-johns, field permits, etc., 3 Concessions are to be operated by parents and no outside vendors are permitted, and 4 That the Livonia Family "Y" contact the Wayne County Health Department advising them that food will be served at the tournament, the Council does hereby concur in and approve of such action. #252-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 17, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which indicates that the Parks and Recreation Commission has recommended that permission be granted to the Michigan State Youth Soccer Association to hold the Wolverine Soccer Tournament on August 1 through August 3, 1998, at Bicentennial Park under the following conditions 1 That Jaycee Park be considered as a backup and used only in an emergency situation, 2 That MSYSA submit an itemized list of concessions, vendors, porta johns and other equipment needed for approval by the Department of Parks and Recreation by July 20, 1998, 3 There are to be no concessions or vendors at Jaycee Park, 4 That the MSYSA provide the City of Livonia with an insurance policy naming the City of Livonia as additional insured with liability coverage of one million dollars, 5 That the MSYSA assume responsibility for any related expenses, i e , porta johns, field permits, etc , 6 Concessions are to be operated by parents and no outside vendors are permitted, and 7 That the MSYSA contact the Wayne County Health Department advising them that food will be served at the tournament; the Council does hereby concur in and approve of such action 30876 A communication from the Department of Law, re administrative response to CR 960-97 - use of property located at 12275 Inkster Road (Cliff Green Sales, Inc.) for outdoor sale and display of pottery, lawn furniture, garden ornaments, etc. - was received and placed on file for the information of the Council #253-98 RESOLVED, that having considered a communication from the Department of Law, dated March 18, 1998, submitted pursuant to Council Resolution 177-98, transmitting for Council acceptance a Warranty Deed, dated March 17, 1998, executed by Gilberto G Rufino, Mary Rufino and Gilberto Rufino, Jr conveying to the City certain property described as follows The South 60 feet of the following parcel of land. Part of the Southwest 1/4 of Section 4, T 1 S , R. 9 E , described as commencing on the South 1/4 corner of Section 4, thence along the South line South 89°59'37" West 701 56 feet to POB, thence South 89°59'37" West 96 0 feet; thence North 00°10'55" East 330 0 feet to the South line of Bicentennial Sub L99 P77-80; thence along South line North 89°59'37" East 96 0 feet; thence South 00°10'55" West 330 0 feet to the POB 7273 ac more or less. Subject to easements and restrictions of records. (Tax I D 015-99-0019-002) 34700 Seven Mile Road the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty Deed, 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, and FURTHER, that the Mayor and City Clerk are authorized to execute a Quit Claim Deed conveying the above-described property to the County of Wayne in a form to be approved by the Department of Law #254-98 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated March 18, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of R. S Contracting, Inc., 16737 Thirteen Mile Road, Fraser, Michigan 48026, for completing all work required in connection with the 1998 Lane Line Marking Program (Contract 98-A) for the estimated total cost of $46,341 25, based on the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize an expenditure in the amount of $46,341 25 from Account No. 30877 202-463-818-118 (Major Roads Lane Line Marking) for this purpose, FURTHER, the Council does hereby authorize a budget transfer in the amount of $11 ,341 25 from Account No 101-463-784-000 (Snow Removal Supplies) to Account No 202-463-818-118 for this purpose, 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 for and on behalf of the City of Livonia to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #255-98 RESOLVED, that having considered a communication from the Director of Public Works (in his capacity as Street Administrator), dated March 11, 1998, which bears the signature of the Director of Finance, is approved for submission by the Mayor, and submitted pursuant to Section 13(6)a of Act 51, of the Public Acts of Michigan of 1951, as amended, with regard to the transfer of funds for the Fiscal Year 1997-98 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, 25% of the amount designated for the Major Street System to be used on the Local Street System, and the City Clerk and Director of Finance are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution #256-98 RESOLVED, that having considered a communication from the Director of Public Works (in his capacity as Street Administrator), dated March 11, 1998, which bears the signature of the Director of Finance, is approved for submission by the Mayor, and submitted pursuant to Section 13(6)b of Act 51 of the Public Acts of Michigan of 1951, as amended, with regard to the transfer of funds for the Fiscal Year of 1997-98 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, $600,000 00 from those funds designated for use on the Major Street System to be used on the Local Street System, and the City Clerk and Director of Finance are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution. #257-98 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated March 17, 1998, approved for submission by the Mayor, to which is attached a letter from Victoria J Holland, P E , Engineer of Traffic Operations, Wayne County Division of Roads, dated March 5, 1998, regarding the installation of a left turn green arrow at Newburgh Road and Holmes Junior High School, the Council does hereby authorize the Engineering Division to contact the Wayne County Department of Public Services to initiate the installation of a traffic signal at Newburgh Road and Holmes Junior High School at no cost to the City of Livonia 30878 #258-98 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated March 20, 1998, to which is attached a letter from Mr Paul C DePalma, President of Modern Building Corporation, dated March 17, 1998, requesting elimination of the sidewalk requirement with respect to new construction at the Rosedale Garden Estates Condominiums located on the west side of Hubbard Avenue, and a subsequent communication from Mr DePalma, dated March 30, 1998, withdrawing such request, the Council does hereby determine to take no further action with respect to this item. #259-98 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated March 20, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a copy of two design proposals and a project summary from the architectural firm of Nordstrom Samson Associates of Dearborn, Michigan, with respect to architectural design and contract administration services for the storage building at the Police station and the truck scale enclosure on Glendale Avenue, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation #260-98 RESOLVED, that having considered a communication from the City Planning Commission, dated March 16, 1998, which transmits its resolution 3-32-98 adopted on March 10, 1998, requesting approval of the Landscape Plan for Petition 98-1-8-1 submitted by Danny Veri in connection with a proposal to construct cluster housing on property located at 9350 Newburgh Road in the Southwest 1/4 of Section 32, the Council does hereby concur in the recommendation of the Planning Commission, and the Landscape Plan in connection with Petition 98-1-8-1 is hereby approved and granted, subject to the following conditions. 1) That the Landscape Plan prepared by Arpee/Donnan, Inc., as received by the Planning Commission on February 27, 1998, is hereby approved and shall be adhered to, 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, and 4) That the entrance marker as shown on the approved Landscape Plan is hereby approved and shall be adhered to 30879 #261-98 RESOLVED, that having considered a communication from the City Planning Commission, dated March 13, 1998, which transmits its resolution 3-36-98 adopted on March 10, 1998, with regard to Petition 98- 2-8-6 submitted by J P Properties, requesting site plan approval in connection with a proposal to construct a hotel on property located at 38950 Six Mile Road in the Southwest 1/4 of Section 7, 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 98-2-8-6 is hereby approved and granted, subject to the following conditions 1) That the Site and Landscape Plan marked Sheet 3 prepared by Arpee/Donnan, Inc., as received by the Planning Commission on February 19, 1998, is hereby approved and shall be adhered to, 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 three walls of the trash dumpster area shall be constructed out of the same full brick used in the construction of the building and the enclosure gates shall be maintained and when not in use closed at all times, 5) That the Exterior Building Elevation Plans marked Sheet A2 1 & A2 2 prepared by Fred Collins Architects, Inc., as received by the Planning Commission on March 10, 1998, are hereby approved and shall be adhered to, 6) That the petitioner shall meet to the satisfaction of the Fire Department the following requirements as outlined in the correspondence dated March 3, 1998 • That Fox Drive, in its entirety, snail be posted as a "Fire Lane - No Parking" per City Ordinan^e, and • That a hydrant shall be located between 50 ft. and 100 ft. of the F D C (need and location of additional on-site hydrants may be determined at the formal plan review stage of construction), and 7) That this approval does not authorize consent of any signage shown on the plans 30880 #262-98 RESOLVED, that having considered a communication from the City Planning Commission, dated March 16, 1998, which transmits its resolution 3-37-98 adopted on March 10, 1998, with regard to Petition 98- 2-8-7 submitted by Angelo D'Orazio, requesting site plan approval in connection with a proposal to construct an addition to an existing building located on the south side of Schoolcraft Road, west of Farmington Road in the Northeast 1/4 of Section 28, 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 98-2-8-7 is hereby approved and granted, subject to the following conditions 1) That the Site Plan marked Sheet Al prepared by Forest Building Company, as received by the Planning Commission on February 26, 1998, is hereby approved and shall be adhered to, 2) 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, 3) That the Landscape Plan marked Sheet A-4 prepared by Forest Building Company, as received by the Planning Commission on February 26, 1998, is hereby approved and shall be adhered to, 4) That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5) That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, and 6) That the Exterior Building Elevation Plan marked Sheet A3 prepared by Forest Building Company, as received by the Planning Commission on February 26, 1998, is hereby approved and shall be adhered to #263-98 RESOLVED, that having considered a communication from the Director of Finance, dated January 22, 1998, approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia and Karoub Associates, 200 North Capitol Avenue, Suite 500, Lansing, Michigan 48933, to act as the City's legislative consultant for the period January 1, 1998, through December 31, 1998, for an annual fee of$24,000 00, including all expenses, the Council does hereby approve the agreement in the manner and form herein submitted, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City 30881 of Livonia, to affix their signatures to the said agreement, subject to approval as to form by the Department of Law #264-98 WHEREAS, pursuant to the direction of the City Council in its resolution 156-98, adopted on February 25, 1998, and in accordance with Section 3 08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of March 19, 1998, an assessment roll dated March 19, 1998, for the proposed road improvement consisting of a 31 ft. wide full-depth asphalt pavement (approximately 7-1/2" thick) with concrete curbs and gutters (Alternate II) for Ashurst Road, north of Five Mile Road, in the Southeast and Southwest 1/4 of Section 16, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 156-98, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the Office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 110 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the Office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, May 13, 1998, at 7 00 p m to review the said special assessment roll, at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of May 13, 1998, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's Office #265-98 WHEREAS, pursuant to the direction of the City Council in its resolution 157-98, adopted on February 25, 1998, and in accordance with Section 3 08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of March 19, 1998, an assessment roll dated March 19, 1998, for the proposed road improvement consisting of the placement of three inch (3") thick asphalt surface on eight inch (8") aggregate base with concrete curbs and gutters or thickened edge 30882 sidewalk and improved storm drain (Alternate II Modified) for the parking area in front of the Kingston Terrace Condominiums located on the west side of Middlebelt Road between Orangelawn and Robert Drive, in the Northeast 1/4 of Section 35, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 157-98, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the Office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 110 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the Office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, May 13, 1998, at 7 00 p m to review the said special assessment roll, at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of May 13, 1998, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's Office #266-98 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 Wednesday, May 27, 1998, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 98-2-1-2, submitted by Realty Development Company for a change of zoning of property located on the east side of Victor Parkway, north of Pembroke, in the Northeast 1/4 of Section 6, from PO-I to OS, the City Planning Commission in its resolution 3- 38-98 having recommended to the City Council that Petition 98-2- 1-2 be denied, 30883 FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, Pastor, and Engebretson NAYS None A communication from the Engineering Division, dated April 6, 1998, re. additional information with respect to Petition 97-12-8-24 by Woodhaven of Livonia was received and placed on file for the information of the Council A revised site plan, dated April 6, 1998, re Petition 97-12-8-24 by Woodhaven of Livonia was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was. #267-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 16, 1998, submitted pursuant to Council Resolution 111-98, and a communication from the City Planning Commission, dated January 20, 1998, which transmits its resolution 1-02-98 adopted on January 13, 1998, with regard to Petition 97-12-8-24 submitted by Woodhaven of Livonia requesting site plan approval in connection with a proposal to construct a senior housing facility on property located at 29778 Wentworth Avenue in the Southeast 1/4 of Section 14, 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 97-12-8-24 is hereby approved and granted, subject to the following conditions. 30884 1 That the Site Plan marked Sheet 2 prepared by Beckett and Raeder, as received by the City Council on April 6, 1998, is hereby approved and shall be adhered to, 2 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 steel enclosure gates shall be maintained and when not in use closed at all times, 3 That the Landscape Plan marked Sheet 3 prepared by Beckett and Raeder, as received by the City Council on April 6, 1998, is hereby approved and shall be adhered to, 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 5 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the Exterior Elevation Plans marked Sheets 4 & 5 prepared by Architects Design Group, Inc., as received by the City Council on April 6, 1998, are hereby approved and shall be adhered to, and 7 That the petitioner shall meet to the satisfaction of the Fire & Rescue Department the requirements as outlined in the correspondence from the Fire Marshal dated December 11, 1997 On a motion by Laura, seconded by Duggan, and unanimously adopted, it was: #268-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated March 18, 1998, submitted pursuant to Council Resolution 751-95, with respect to possible alternate methods of financing the installment of sidewalks along major mile roads, the Council does hereby refer the question of whether block grant monies can be utilized for sidewalk installation along major mile roads to the Planning Department for a report and recommendation. On a motion by Laura, seconded by Duggan, and unanimously adopted, it was: 30885 #269-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated March 18, 1998, submitted pursuant to Council Resolution 751-95, with respect to possible alternate methods of financing the installment of sidewalks along major mile roads, the Council does hereby determine to take no further action with respect to this item On a motion by Laura, seconded by Duggan, and unanimously adopted, it was. #270-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated March 18, 1998, submitted pursuant to Council Resolution 809-96, concerning the subject of a proposed comprehensive Annual Sidewalk Inspection Program, the Council does hereby determine to take no further action with respect to this item On a motion by Laura, seconded by Pastor, and unanimously adopted, it was: #271-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated March 18, 1998, submitted pursuant to Council Resolution 914-97, concerning the matter of a proposed preliminary plat of Jacol Subdivision to be located on the north side of Six Mile Road, east of Laurel Drive, in the Southwest 1/4 of Section 9, and the Council in its resolution 915-97 having repealed and rescinded Council Resolution 824-97 which had granted preliminary plat approval with respect to the aforementioned subdivision, the Council does hereby determine to take no further action with respect to this matter On a motion by Laura, seconded by Vandersloot, and unanimously adopted, it was #272-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated March 18, 1998, submitted pursuant to Council Resolution 951-97, concerning the subject of the City of Livonia becoming a "Tree City USA", the Council does hereby refer the subject of the replacement of trees on a one for one basis to the Department of Public Works for a report and recommendation 30886 On a motion by Laura, seconded by Vandersloot, and unanimously adopted, it was #273-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated March 18, 1998, submitted pursuant to Council Resolution 951-97, concerning the subject of the City of Livonia becoming a "Tree City USA", the Council does hereby refer the subject of an analysis of the "Tree City USA" program including the differences between such program and the City's current practices in this regard, and what changes the City would need to implement to formalize a "Tree City USA" program in the City of Livonia to the Department of Public Works for a report and recommendation. On a motion by Laura, seconded by Vandersloot, and unanimously adopted, it was #274-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated March 18, 1998, submitted pursuant to Council Resolution 951-97, concerning the subject of the City of Livonia becoming a "Tree City USA", the Council does hereby refer the subject of what effect the "Tree City USA" program would have on the ordinance on City property to the Legislative Committee for a report and recommendation On a motion by Laura, seconded by Duggan, and unanimously adopted, it was. #275-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated March 25, 1998, submitted pursuant to Council Resolution 46-98, and a communication from the City Planning Commission, dated December 1, 1997, which transmits its resolution 11-195-97 adopted on November 25, 1997, with regard to Petition 97-11-8-23 submitted by Zef lvezaj, requesting site plan approval in connection with a proposal to construct a site condominium development on property located on the west side of Henry Ruff Road between Six Mile Road and Puritan Avenue in the Northeast 1/4 of Section 14, 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 97-11-8-23 is hereby approved and granted, subject to the following conditions 30887 1 That the Site Plan marked Sheet 1 prepared by Arpee/Donnan, Inc., as received by the Planning Commission on November 13, 1997, is hereby approved and shall be adhered to, 2 That no site condominium may be sold or offered for sale, nor shall a permit be issued for construction of any unit prior to a Master Deed for this development being reviewed by the Planning Commission and approved by the City Council, as outlined in Section 18 62 of the Zoning Ordinance, and 3 That brick shall be installed on the first story up to the belt line on all four sides minimum. On a motion by Laura, seconded by Duggan, and unanimously adopted, it was: #276-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated March 25, 1998, submitted pursuant to Council Resolution 47-98, regarding the subject of the site condominium approval process in connection with Petition 97-11-8-23, submitted by Zef lvezaj, requesting site plan approval in connection with a proposal to construct a site condominium development on property located on the west side of Henry Ruff Road between Six Mile Road and Puritan Avenue in the Northeast 1/4 of Section 14, the Council does hereby determine to take no further action with respect to this item. An unsigned copy of the "First Amendment to the By-Laws of Gruda Site Condominiums," submitted by Zef.lvezaj in regard to Petition 97-11-8-23, was received and placed on file for the information of the Council On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was: #277-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated March 25, 1998, submitted pursuant to Council Resolution 74-98, and the report and recommendation of the City Engineer, dated December 15, 1997, approved by the Director of Public Works and approved for submission by the Mayor, regarding the proposed special assessment street improvement project proposed for Harrison Road between West Chicago and Plymouth Road, the Council does hereby request that the City Engineer take all steps necessary to include Harrison Road at this location in the 1998 Concrete 30888 Pavement and Catch Basin Repair Program in order to replace that portion of the pavement showing the greatest deterioration On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was: #278-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated March 25, 1998, submitted pursuant to Council Resolution 74-98, and the report and recommendation of the City Engineer, dated December 15, 1997, approved by the Director of Public Works and approved for submission by the Mayor, regarding the proposed special assessment street improvement project proposed for Harrison Road between West Chicago and Plymouth Road, the Council does hereby refer the subject of a re-evaluation of this location when the proposed Pavement Management System is completed in the fall of 1998 to the Engineering Division for a report and recommendation. On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was. #279-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated March 25, 1998, submitted pursuant to Council Resolution 74-98, and the report and recommendation of the City Engineer, dated December 15, 1997, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution 443-97, regarding the proposed special assessment street improvement project proposed for Harrison Road between West Chicago and Plymouth Road, the Council does hereby determine to take no further action with respect to this matter Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 97-9-1-17) 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. 30889 Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 3 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 97-11-1-19) 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. Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 010, 020, 030, AND 060 OF TITLE 9, CHAPTER 28 (GAMBLING) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Duggan, Laura, Brosnan, Vandersloot, Pastor, and Engebretson. NAYS Walsh. The President declared the foregoing Ordinance duly adopted, and would become effective on publication Laura took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 7 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 97-8-1-11) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Duggan, Laura, and Walsh. 30890 NAYS Brosnan, Vandersloot, Pastor, and Engebretson The President declared the foregoing Ordinance denied On a motion by Brosnan, seconded by Vandersloot, it was #280-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 9, 1998, submitted pursuant to Council Resolution 1014-97, and a communication from the City Planning Commission, dated October 8, 1997, which sets forth its resolution 9-152-97 adopted on September 30, 1997, with regard to Petition 97-8-1-11, as amended, submitted by Elaine Beresh and Jack Shenkman for a change of zoning of property located on the southwest corner of Seven Mile and Newburgh Roads in the Northeast 1/4 of Section 7, from OS to C-1, and the Council having conducted a public hearing with regard to this matter on December 1, 1997, pursuant to Council Resolution 856-97, the Council does hereby deny Petition 97-8-1- 11 A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, Pastor, and Engebretson. NAYS Duggan, Laura, and Walsh The President declared the resolution adopted On a motion by Brosnan, seconded by Duggan, it was RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 7, 1997, and a report and recommendation from the Chief of Police, dated February 20, 1998, in connection therewith, regarding a request from Garden Enterprises, Inc. to transfer all stock interest in 1997 SDM licensed corporation by dropping Fatine Konja as sole stockholder through transfer of 1,000 shares to new stockholder Shakouri Hermiz Hanna, with respect to a business located at 27405 Grand River, Livonia, Michigan 48152, Wayne County, the Council does hereby deny this request for the reason that the petitioner failed to respond to inquiries from Council and failed to appear at two Council meetings after being requested to do so, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission Fatine Konja stated she owned the aforementioned business, and would like to transfer her shares in this business to her father so she could go back to school and spend time with her children 30891 Shakouri Hermiz Hanna stated they never received notification to appear at a meeting before this time On a motion by Duggan, seconded by Laura, it was RESOLVED, that the Council does hereby determine to substitute a resolution referring this matter to the Committee of the Whole in lieu of the foregoing denying resolution A roll call vote was taken on the motion to substitute with the following result: AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, Pastor, and Engebretson. NAYS None The President declared the motion to substitute adopted On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #281-98 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 7, 1997, and a report and recommendation from the Chief of Police, dated February 20, 1998, in connection therewith, regarding a request from Garden Enterprises, Inc. to transfer all stock interest in 1997 SDM licensed corporation by dropping Fatine Konja as sole stockholder through transfer of 1,000 shares to new stockholder Shakouri Hermiz Hanna, with respect to a business located at 27405 Grand River, Livonia, Michigan 48152, Wayne County, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation. On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #282-98 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 7, 1997, and a report and recommendation from the Chief of Police, dated February 20, 1998, in connection therewith, regarding a request from Garden Enterprises, Inc. to transfer all stock interest in 1997 SDM licensed corporation by dropping Fatine Konja as sole stockholder through transfer of 1,000 shares to new stockholder Shakouri Hermiz Hanna, with respect to a business located at 27405 Grand River, Livonia, Michigan 48152, Wayne County, the Council does hereby refer this matter to the Inspection Department for an updated inspection report. 30892 On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #283-98 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 7, 1997, and a report and recommendation from the Chief of Police, dated February 20, 1998, in connection therewith, regarding a request from Garden Enterprises, Inc. to transfer all stock interest in 1997 SDM licensed corporation by dropping Fatine Konja as sole stockholder through transfer of 1,000 shares to new stockholder Shakouri Hermiz Hanna, with respect to a business located at 27405 Grand River, Livonia, Michigan 48152, Wayne County, the Council does hereby refer this matter to the Police Department for an updated Police inspection report. A communication from the Department of Parks and Recreation, dated April 1, 1998, re itemized deductions for a second play structure for Devon-Aire Park was received and placed on file for the information of the Council On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was: #284-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 20, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following bids for supplying the Department of Parks and Recreation with playground equipment for Castle Gardens, Devon-Aire and Pastor Parks 1 Castle Gardens Park - The bid of$46,859 94 submitted by Playground Installers, 1654 Vans Blvd , Holland, Michigan 49423, 2 Devon-Aire Park - The bid of $48,807 00 submitted by Little Tikes Commercial Play Systems/Play Environments, Inc., 563 College Avenue, Holland, Michigan 49423, and 3 Pastor Park -The bid of$33,950 00 submitted by Little Tikes Commercial Play Systems/Play Environments, Inc., 563 College Avenue, Holland, Michigan 49423, the same having been in fact the lowest bids submitted and meet all specifications (with respect to the bids submitted for the playground equipment for Castle Gardens Park and Pastor Park), FURTHER, the Council having determined to accept the bid of Little Tikes Commercial 30893 Play Systems/Play Environments, Inc. for the playground equipment at Devon-Aire Park in lieu of the low bid for the reasons outlined in the aforementioned report and recommendation, and the bid of Engan- Tooley-Doyle is hereby rejected for the reasons indicated in the attachment. The Superintendent of Parks and Recreation, Ron Reinke, was wished a "Happy 50th Birthday" by Councilmember Duggan and the rest of the Council On a motion by Laura, seconded by Duggan, it was. #285-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 19, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits Parks and Recreation Commission resolution 2426-98, wherein certain increases in use fees for Eddie Edgar Arena are recommended, and having also considered a communication from the Superintendent of Parks and Recreation, dated April 1, 1998, approved for submission by the Mayor, the Council does hereby concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Laura, Walsh, and Engebretson NAYS Brosnan, Vandersloot, and Pastor The President declared the resolution adopted Communications from the Department of Parks and Recreation, dated . . April 1 and April 6, 1998, re additional information on the proposed three-year increase in use fees for residents and non-residents for Eddie Edgar Arena were received and placed on file for the information of the Council On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was. #286-98 RESOLVED, that having considered a communication from the City Engineer, dated March 9, 1998, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a list indicating where sidewalks require installation along the east side of Haggerty Road from Five to Six Mile Roads and from Seven to Eight Mile Roads within the City of Livonia, said list being included herein by reference, and for the reasons stated, the Council does hereby 30894 require the respective owners of lots and premises referred to in said list along the east side of Haggerty Road from Seven to Eight Mile Roads to install sidewalk at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Title 12, Section 340 of the Livonia Code of Ordinances, as amended, FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than June 1, 1998, after which date the Engineering Division shall arrange for the construction of the said sidewalks, FURTHER, the Council does hereby authorize the construction of various sections of sidewalks and crosswalks along the east side of Haggerty Road from Five to Six Mile Roads and from Seven to Eight Mile Roads within the City inasmuch as the same are the City's responsibility; and FURTHER, the Engineering Division is hereby authorized to arrange for the construction of all required work through the Michigan Department of Transportation and Wayne County that has not been completed by private property owners by June 1, 1998 On a motion by Duggan, seconded by Vandersloot, it was RESOLVED, that having considered a communication from the City Engineer, dated March 9, 1998, approved by the Director of the Department of Public Works and approved for submission by the Mayor, wherein authorization is requested to require the owners of lots and premises along the east side of Haggerty Road from Five to Six Mile Roads within the City of Livonia to install sidewalks at such premises and to authorize construction by the City of various sidewalks and crosswalks in this area, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation Duggan and Vandersloot withdrew their motions on the foregoing resolution On a motion by Laura, seconded by Walsh, and unanimously adopted, it was. #287-98 RESOLVED, that having considered a communication from the City Planning Commission, dated March 18, 1998, which transmits its resolution 3-35-98 adopted on March 10, 1998, with regard to Petition 98- 2-8-5 submitted by the Parz Group, Inc. requesting approval of the Master Deed, Bylaws and a site plan in connection with a proposal to construct a site condominium development on property located at 37931 Plymouth Road in the Southeast 1/4 of Section 30, pursuant to the provisions set forth in Section 18 62 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 98-2-8-5 is hereby approved and granted, subject to the following conditions. 30895 1) That the Site Plan by JMS Consulting Engineers & Land Surveyors, as received by the Planning Commission on February 13, 1998, is hereby approved and shall be adhered to, 1"' 2) That the Master Deed complies with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16 04 - 16 40 of the Livonia Code of Ordinances, and Article XX of Ordinance #543, Section 20 01 - 10 06 of that ordinance, 3) That an entrance marker application and a fully detailed Landscape Plan shall be submitted to the Planning Commission and City Council for their review and approval, and 4) That full face brick shall be used on the front elevation of all houses with 80% minimum coverage on such front elevation. A communication from the Department of Public Safety, Livonia Fire & Rescue, dated April 6, 1998, re rescinding the requirement of "Fire Lane - No Parking" along Roselinda was received and placed on file for the information of the Council Communications from Ronald M Parz, President of the Parz Group, Inc., both dated April 7, 1998, re escrow information and infrastructure information regarding Petition 98-2-8-5 (Parkview Condominiums) were received and placed on file for the information of the Council On a motion by Vanclersloot, seconded by Brosnan, it was RESOLVED, that having considered a communication from the City Planning Commission, dated January 28, 1998, which sets forth its resolution 1-10-98 adopted on January 27, 1998, with regard to Petition 97-12-6-8, submitted by the City Planning Commission, pursuant to Council Resolution 518-97, to determine whether or not to amend Article V and Article VI of the Zoning Ordinance to amend the RUF district and to add a new SE zoning district so as to provide for the preservation of larger residential lots, and the Council having conducted a public hearing with regard to this matter on Monday, March 30, 1998, pursuant to Council Resolution 115-98, the Council does hereby refer this item to the Committee of the Whole for a report and recommendation On a motion by Laura, it was 30896 RESOLVED, that having considered a communication from the City Planning Commission, dated January 28, 1998, which sets forth its resolution 1-10-98 adopted on January 27, 1998, with regard to Petition 97-12-6-8, submitted by the City Planning Commission, pursuant to Council Resolution 518-97, to determine whether or not to amend Article V and Article VI of the Zoning Ordinance to amend the RUF district and to add a new SE zoning district so as to provide for the preservation of larger residential lots, and the Council having conducted a public hearing with regard to this matter on Monday, March 30, 1998, pursuant to Council Resolution 115-98, the Council does hereby determine to substitute a resolution which would refer this matter back to the Planning Commission to conduct another public hearing and to thereafter submit its report and recommendation to the Council in lieu of the foregoing resolution. The President declared the substitute motion denied for lack of support. Vickie Ochoa, 31611 Curtis - asked the Council to consider non- conforming properties as a separate issue, and stated she would like to protect the larger lots. Elaine Daghir, 18490 Brentwood - stated her opposition to making lots smaller in the City Communications from Elaine Daghir, 18490 Brentwood, dated April 1, 1998, re. stating her opposition to Petition 97-12-6-8, undated form letters from Michael William and Mary McNamara, Theresa A. and Robert J Smith, and Randall and Deborah Nance re expressing support of Petition 97-12-6-8, and a flier and communication from Bill Craig, 20050 Milburn, dated March 31, 1998, re some concerns/confusion from the March 30, 1998, public hearing with respect to Petition 97- 12-6-8 were received and placed on file for the information of the Council Bill Craig, 20050 Milburn - believes we should move slow on this issue. He wants to save the RUF district. Marsha Heads, 20210 Purlingbrook - said she felt insecure about some of the answers given at the public hearing. She wants more discussion on this issue The President relinquished the Chair to the Vice President at 9.18 p m. in order to address this matter 30897 A vote was then taken on the resolution by Vandersloot, seconded by Brosnan, as follows. #288-98 RESOLVED, that having considered a communication from the City Planning Commission, dated January 28, 1998, which sets forth its resolution 1-10-98 adopted on January 27, 1998, with regard to Petition 97-12-6-8, submitted by the City Planning Commission, pursuant to Council Resolution 518-97, to determine whether or not to amend Article V and Article VI of the Zoning Ordinance to amend the RUF district and to add a new SE zoning district so as to provide for the preservation of larger residential lots, and the Council having conducted a public hearing with regard to this matter on Monday, March 30, 1998, pursuant to Council Resolution 115-98, the Council does hereby refer this item to the Committee of the Whole for a report and recommendation. with the following result: AYES Duggan, Laura, Brosnan, Engebretson, Vandersloot, Pastor, and Walsh. NAYS None The Vice President declared the resolution adopted The President resumed the Chair at 9.24 p m On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was. #289-98 RESOLVED, that with respect to the installation of sidewalks on the south side of Eight Mile Road between Newburgh and Farmington Roads, the Council does hereby repeal and rescind Council Resolution 173-98 The audit reports of the City of Livonia (Financial Report with Additional Information dated November 30, 1997), the District Court Funds of District No 16 (Financial Report with Additional Information dated November 30, 1997), the Economic Development Corporation (Financial Report dated November 30, 1997) and the Federal Awards of the City of Livonia (Supplemental Information dated November 30, 1997), were received and placed on file for the information of the Council 30898 On a motion by Vandersloot, seconded by Walsh, and unanimously adopted, it was #290-98 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated March 19, 1998, approved for submission by the Mayor, with respect to audit reports of the City of Livonia (Financial Report with Additional Information dated November 30, 1997), for District Court Funds of District No 16 of the City of Livonia (Financial Report with Additional Information dated November 30, 1997), for the Economic Development Corporation of the City of Livonia (Financial Report dated November 30, 1997) and for the Federal Awards of the City of Livonia (Supplemental Information dated November 30, 1997), the Council does hereby refer this item to the Finance, Insurance and Budget Committee for its report and recommendation On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #291-98 RESOLVED, that having considered a communication from the City Planning Commission, dated March 25, 1998, which transmits its resolution 3-39-98, adopted on March 24, 1998, with regard to Petition 98-2-2-4, submitted by James K. Wegerly on behalf of the Livonia Rotary Club requesting waiver use approval to operate a carnival consisting of amusement rides and game and food concessions from April 23, 1998 through May 3, 1998, inclusive, in the parking lot of Wonderland Mall located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 98-2-2-4 is hereby approved and granted, subject to the following conditions. 1) That the carnival shall be limited to the dates as specified by the Livonia Rotary Club which are April 23, 1998 through May 3, 1998, inclusive, 2) That the proposed carnival operation shall be confined to the area as described on the site plan submitted with this request; 3) That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at least 40 feet distant from the Plymouth Road right-of- way line, and 30899 4) That all trucks and trailers and all other related transportation equipment or apparatus shall be parked or stored within the southwesterly portion of the Wonderland Mall parking lot, but no closer to the south property line than 100 feet. James Wegerly, 3041 Serenity, Oakland, on behalf of Pugh Shows and the Livonia Rotary Club, as well as Ron Gaffney, 36315 Jamison, on behalf of the Livonia Rotary Club, were present to answer questions on the foregoing matter During audience communication, Stan Anderson thanked the Council for his reappointment to the Plymouth Road Development Authority On a motion by Duggan, seconded by Laura, and unanimously adopted, this 1,366th Regular Meeting of the Council of the City of Livonia was adjourned at 9.30 p m., April 8, 1998 , d, J n McCotter, City Clerk