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HomeMy WebLinkAboutCOUNCIL MINUTES 2003-11-05 MINUTES OF THE ONE THOUSAND FIVE HUNDREDTH REGULAR MEETING OF NOVEMBER 5, 2003 On November 5, 2003, 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 Council Vice-President Knapp delivered the invocation Roll was called with the following result: Donald Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor, Joe Laura, Maureen Miller Brosnan and Jack Erigebretson Absent - None Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Karen Szymula, Director of Legislative Affairs, Linda McCann, Director of Community Resources and Ron Reinke, Superintendent of Parks and Recreation On a motion by Taylor, seconded by Vandersloot, and unanimously adopted, it was CR 552-03 RESOLVED, that the minutes of the 1,499th Regular Meeting of the Council held October 22, 2003 are hereby approved as submitted During the audience communication portion of the agenda, Kathryne Olver, 15749 Doris, Livonia, 48154 asked questions about the City getting private or corporate sponsorship for the Christmas Tree Lighting Ceremony Councilmember Laura asked about the latest possible date to put up the decorations Council President Engebretson responded that Mayor Kirksey has been working on the subject matter of getting donations of non-public funds for this holiday tradition, and asked the Director of Legislative Affairs to find out the time deadline for putting up decorations Council Vice-President Knapp announced that it is possible to subscribe for agendas of City Council meetings from the City website, and he thanked Karen Szymula, her staff, Dan Putman and the IT staff for all their hard work in this area He was pleased to announce that the City of Livonia was awarded a plaque for the 2003 Best IT Project e-packets from the Michigan Association of Governmental Computer Users Regular Meeting of November 5, 2003 34327 Council Vice-President Knapp also offered congratulations to the newly elected officials of the City, namely. Jack Engebretson — Mayor elect Val Vandersloot, City Clerk elect Linda Grimsby, City Treasurer Gerald Taylor, Council President elect Brian Meakin, Tom Robinson, and Frank Kokenakes, Councilmembers elect. He also wished former Councilmember Brian Duggan and Frank Kinney well A communication from the Department of Finance, dated October 20, 2003, re forwarding various financial statements of the City of Livonia for the month ending September 30, 2003, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Laura, it was CR 553-03 RESOLVED, that having considered a letter from Brenda Uren, on behalf of Botsford Elementary Support Team, dated October 16, 2003, which requests permission to display wire signs advertising Botsford Elementary School's 2nd Annual Bazaar to be conducted on Saturday, November 15, 2003, which signs are to be installed no earlier than Monday, November 10, 2003, and removed no later than Saturday, November 15, 2003, at various locations in the City, the Council does hereby grant and approve this request in the manner and form herein submitted CR 554-03 RESOLVED, that having considered a request from Council President Engebretson with respect to the possible installation of a flashing light on Middlebelt Road near Clarenceville High School when school is in session, the Council does hereby refer this item to the Traffic Commission for its report and recommendation CR 555-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated October 6, 2003, 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 Greener Still, Inc., 14999 Kinloch, Redford, Michigan 48239, for completing all work required in connection with the City's 2004 Tree and Stump Removal Program for an Regular Meeting of November 5, 2003 34328 estimated total cost not to exceed $140,541 00, 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 $140,541 00 from funds already budgeted in Account No 205- 527-818-045 (Municipal Refuse Fund) 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 to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 556-03 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 6, 2002, and the report and recommendation of the Chief of Police, dated October 6, 2003, approved for submission by the Mayor, the Council does hereby approve of the request from Nasrat M Kallabat for transfer of ownership of a 2001 Specially Designated Distributor License Only, in escrow, from Drug & Party Fair, Inc , and to transfer location from 27462 Schoolcraft Road, Livonia, Michigan 48150, Wayne County, to a business located at 38340 Joy Road, Livonia, Michigan 48150, Wayne County, to be held in conjunction with an existing 2002 Specially Designated Merchant License, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 557-03 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 25, 2003, and the report and recommendation of the Chief of Police, dated October 8, 2003, approved for submission by the Mayor, the Council does hereby approve of the request from Livonia Robin, Inc for transfer of ownership of a 1999 Class C Licensed Business (in escrow) from Detroit Sportservice, Inc. and to transfer location (Governmental Unit) (MCL 436 1531(1)) from Tiger Stadium, Michigan & Trumbull, Detroit, MI 48216, Wayne County for a business located at 16995 S Laurel Park Drive, Livonia, Michigan 48154, Wayne County; and for a new Entertainment Permit without Dressing Rooms and Official Permit (Food), and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 558-03 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 25, 2003, and the report and recommendation of the Chief of Police, dated October 15, 2003, approved for submission by the Mayor, the Council does hereby approve of the request from the Board of Trustees of Schoolcraft College, for a new outdoor service area in conjunction with a 2003 Class C Licensed Business with Dance-Entertainment Permit and Official Permit (Food) for a business located at 18600 Haggerty Road, Livonia, Michigan 48152, Regular Meeting of November 5, 2003 34329 Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 559-03 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated October 13, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quote of NuSoft Solutions, Inc , 6905 Telegraph Road, Suite 250, Bloomfield Hills, Michigan 48301 to implement the final phase of Project Management Services for the Mobile and Stationary Information System for the Division of Police for the period December 1, 2003 through November 30, 2004, for the total cost for this period in the amount of $36,000 00, from funds already budgeted in Account Number 223-769-987-000 (2002 Local Law Enforcement Block Grant) for this purpose, this action being taken since the original vendor, Analytical Systems, Inc has filed for Chapter 11 bankruptcy and is unable to complete the third year of the contract previously authorized by Council Resolutions 480-00 and 563-01, FURTHER, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said contract in the manner and form herein submitted, subject to approval as to form by the Department of Law; 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 CR 560-03 RESOLVED, that having considered a communication from the Chief of Police, dated October 15, 2003, 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 2003 Local Law Enforcement Block Grant funds in the amount of $34,669 00, the same to be deposited in and credited to Account No 223-633-558- 080, FURTHER, the Council does hereby authorize the Police Department's required matching funds in the amount of $3,852 00 to be debited from Account Number 265-334-987-000 (Federal Forfeiture) and credited to Account No 223-633-558-080 for this purpose CR 561-03 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated September 23, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby appropriate and authorize an additional expenditure in the amount of $19,900 00 to be paid to Imaging Subsurface, Inc , 24174 Haggerty Road, Farmington Hills, Michigan 48335, in connection with the Agreement previously approved in Council Resolution 264-03 for testing services to include additional work involved with the 2003 Asphalt and Concrete Reconstruction Projects, (including Bredin Court, Clarita, Regular Meeting of November 5, 2003 34330 Norwich and Pickford), FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $19,900 00 from the Road, Sidewalk and Tree Fund for this purpose CR 562-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated September 23, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a proposed Agreement for Municipal Street Lighting between the City of Livonia and Detroit Edison Company, and having considered the necessity for the installation of 14 light fixtures on four existing and three new wood poles on Schoolcraft Road, west of 1-96, the Council does hereby authorize the City Engineer, 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 a sum not to exceed $7,025 90 from the Michigan Transportation Fund (Major Road Account) for this work, and the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution BROWNFIELD REDEVELOPMENT ZONE City of Livonia (the "Community") Wayne County, Michigan Pursuant to and in accordance with the provisions of Act 381 of the Public Acts of the State of Michigan 1996, as amended (the `Act') CR 563-03 WHEREAS, Wayne County has established the Wayne County Brownfield Redevelopment Authority (the "Authority"), WHEREAS, the Authority will only implement projects in communities that approve of a specific Brownfield Plan, WHEREAS, the Authority can only prepare and implement Brownfield Plans in Wayne County communities that approve the designation of its borders or any part thereof as a Brownfield Redevelopment Zone, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia approves the inclusion of the property described below as part of the Wayne County Brownfield Redevelopment Zone A parcel of land located in the Southwest 1/4 of Section 3, T 1S , R 9E , City of Livonia, Wayne County, Michigan, being more fully described as follows PARCEL A Regular Meeting of November 5, 2003 34331 Part of the West 1/2 of the Northwest fractional 1/4 and the West 1/2 of the Southwest 1/4 of Section 3, T 1 S , R.9 E, City of Livonia, Wayne County, Michigan, being more particularly described as Commencing at the West 1/4 corner of said Section 3, thence N 00°05'30" East 163 97 feet along the West line of said Section 3, S 89°54'44" East 60 00 feet to a point on the East line of Farmington Road (60 ft. 1/2 right-of-way) and the point of beginning, thence S 89°54'44" East 1264 63 feet to a point of the Westerly line of "Folker's Farmington Acres" as recorded in Liber 61 of plats, Page 90 of Wayne County Records, thence along said Westerly line, S 00°06'47" West 163 97 feet; thence N 89°54'44" West 0 80 feet along the East and West 1/4 line of Section 3 to the Northeast corner of the West 1/2 of the Southwest 1/4 of Section 3, thence along the East line of the West 1/2 of the Southwest 1/4 of Section 3, S 00°03'21" East 268 17 feet; thence S 86°02'25" West 637 97 feet; thence N 71°47'51" West 185 70 feet; thence due West 57 56 feet; thence N 74°59'20" West 169 39 feet; thence S 89°38'01" West 230 00 feet to a point on the Easterly line of said Farmington Road, thence along said Easterly line, due North 213 75 feet and N 00°05'30" East 163 97 feet to the point of beginning Containing 544,385 square feet or 12 50 acres more or less and subject to easements and restrictions of record PARCEL B Part of the Southwest 1/4 of Section 3, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, being more particularly described as Commencing at the West 1/4 corner of said Section 3, thence along the East and West 1/4 line of Section 3, thence S 89°54'44" East 60 00 feet to a point on the East line of Farmington Road (60 ft. 1/2 right-of-way) and along said East line, due South 213 75 feet to the point of beginning, thence N 89°38'01" East 230 00 feet; thence S 74°59'20" East 169 39 feet; thence due East 57 56 feet; thence S 71°47'51" East 185 70 feet; thence N 86°02'25" East 637 99 feet to a point on the East line of the West 1/2 of the Southwest 1/4 of Section 3, thence along said East line, S 00°03'21" East 383 57 feet; thence S 89°38'01" West 1264 43 feet to a point on said East line of Farmington Road, thence due North 448 01 feet to the point of beginning Containing 493,156 square feet or 11 32 acres more or less and subject to easements and restrictions of record Regular Meeting of November 5, 2003 34332 FURTHER, the Livonia City Council's approval of inclusion of the above- described property (the "Site") as a Brownfield Redevelopment Zone of the Authority is expressly conditioned on the agreement of the Authority and Wayne County that no tax increment revenues, as that term is used in the Act, will be captured pursuant to the Act from the Site or any other property or properties in the City of Livonia without a resolution of the City Council specifically approving such capture of tax increment revenues, FURTHER, the City Council of the City of Livonia hereby determines that the above-described property is functionally obsolete, FURTHER, the City Council of the City of Livonia hereby approves the Brownfield Plan submitted by Phoenix Land Development Company, dated July 2003, with respect to 19810, 19818 and 19826 Farmington Road CR 564-03 RESOLVED, that having considered the report and recommendation of the Department of Law, dated October 10, 2003, approved for submission by the Mayor, with regard to the matter of sidewalk and parking lot tent sales and the question of whether there is a need for a new ordinance regulating these sales, the Council does hereby refer the subject of a proposed ordinance amendment to Section 10 02 of Article X of Ordinance No 543, as amended, to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance CR 565-03 RESOLVED, that having considered a communication from the City Planning Commission, dated October 3, 2003, which transmits its resolution 09-134-2003, adopted on September 30, 2003, with regard to Petition 2003-08-02-17, submitted by Dewain Diacono, on behalf of Diacono Enterprises, LLC, requesting waiver use approval to construct an addition to an existing automobile repair facility (Accurate Collision) located on the west side of Merriman Road between Plymouth Road and the CSX Railroad in the Southeast 1/4 of Section 27, which property is zoned M-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-08-02-17 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 of 3 prepared by Sheppard Engineering, dated August 27, 2003, is hereby approved and shall be adhered to, 2 That the Building Elevations Plan marked Sheet 3 of 3 prepared by Sheppard Engineering, dated August 27, 2003, is hereby approved and shall be adhered to, Regular Meeting of November 5, 2003 34333 3 That the trash storage area shall be constructed of concrete block to match the building and with metal gates which, when not in use, shall be closed at all times, 4 That there shall be no outdoor storage of auto parts, equipment, scrap material, debris or other similar items generated by the subject use, 5 That the parking provided on this site shall be double striped, 6 That two handicapped parking spaces shall be provided as required and these spaces shall be properly sized, marked and signed, 7 That this approval is subject to the petitioner being granted variances from the Zoning Board of Appeals for an addition to a nonconforming building, deficient setbacks (north side yard, rear yard and south side yard), deficient south parking lot aisle width, deficient front parking lot aisle width, and shall be subject to any conditions related thereto, and 8 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for CR 566-03 RESOLVED, that having considered a communication from the City Planning Commission, dated October 3, 2003, which transmits its resolution 09-137-2003, adopted on September 30, 2003, with regard to Petition 2003-08-03-01, submitted by Kelly Schwanitz, requesting the vacating of four feet (4') of a ten foot (10') wide sewer easement to accommodate the construction of a patio adjacent to the rear door which exits towards the west side of the property of the home located at 37670 St. Martins Road, on the north side of St. Martins Road and west of Newburgh Road in the Southeast 1/4 of Section 6, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 2003-08-03-01, with the understanding that if the patio has to be removed to repair the sanitary sewer, the City will not replace it; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution CR 567-03 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated October 17, 2003, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and is approved for submission by the Mayor, the Council does hereby approve the 2004 Road Repair Program as shown in Attachment A of the aforesaid report; Regular Meeting of November 5, 2003 34334 FURTHER, the Council does hereby authorize adjustments in the FY 2003 budget by increasing Account No 203-484-965-204 (Local Road - Contribution to Road Millage Fund) by $90,000 00, decreasing Account No 203-390-000 (Local Road - Fund Balance) by $90,000 00, increasing Account No 204-000-691-203 (Road Millage Fund - Contribution from Local Roads) by $90,000 00 and increasing Account No 204-441-818-102 (Road Millage Fund - Engineering Consultant) by $90,000 00, FURTHER, the Council does hereby authorize adjustments in the FY 2004 budget by increasing Account No 203-484-965-204 (Local Road - Contribution to Road Millage Fund) by $140,000 00, decreasing Account No 203-390- 000 (Local Road - Fund Balance) by $140,000 00, increasing Account No 204-000-691-203 (Road Millage Fund - Contribution From Local Roads) by $140,000 00 and increasing Account No 204-441-818-102 (Road Millage Fund - Engineering Consultant) by $140,000 00 for the engineering consulting work to be done in fiscal years 2003 and 2004 in connection with the 2004 Road Repair Program CR 568-03 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated October 17, 2003, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and is approved for submission by the Mayor, in connection with the 2004 Annual Road Repair Program, the Council does hereby refer the subject of pedestrian safety on Hubbard between Five and Six Mile Roads to the Department of Public Works for its report and recommendation CR 569-03 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated October 16, 2003, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and is approved for submission by the Mayor, to which is attached a proposed Amendment to the Contract for Engineering Services for Concrete Pavement Reconstruction and Rehabilitation Design between the City of Livonia and Hubbell, Roth & Clark, 2001 Centerpoint Parkway, Suite 109, Pontiac, Michigan 48341, to provide engineering services for the 2004 Concrete Pavement Reconstruction and Rehabilitation Program to be added to the 2003 Concrete Pavement Reconstruction and Rehabilitation Program Contract (previously approved in Council Resolution 610-02 and amended by Council Resolution 123- 03), the Council does hereby approve Amendment No 1 to this contract in the amount of $252,489 37, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $252,489 37 from the Road, Sidewalk and Tree Fund (Account No 204-441-818-102) 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 to execute this Amendment, for and on behalf of the City of Livonia with the aforesaid company, and to Regular Meeting of November 5, 2003 34335 do all other things necessary or incidental to the full performance of this resolution CR 570-03 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated October 16, 2003, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and is approved for submission by the Mayor, to which is attached a proposed Amendment to the Engineering Services Contract for Design and Construction Services for Asphalt Pavement Rehabilitation/Reconstruction Paving Program between the City of Livonia and Orchard, Hiltz & McCliment, 34935 Schoolcraft Road, Livonia, Michigan 48150, to provide engineering services for the 2004 Asphalt Pavement Reconstruction and Rehabilitation Program to be added to the 2003 Asphalt Pavement Reconstruction and Rehabilitation Program Contract (previously approved in Council Resolution 611-02 and amended by Council Resolution 124-03), the Council does hereby approve the amendment to this contract in the amount of $489,800 00, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $489,800 00 from the Road, Sidewalk and Tree Fund (Account No 204- 441-818-102) 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 to execute this Amendment, for and on behalf of the City of Livonia 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 resolutions with the following result: AYES Knapp, Vandersloot, Dolan, Taylor, Laura, Brosnan and Engebretson NAYS None James Merlo, 29538 Oakley, Livonia, spoke in opposition to the construction of a credit union to be located on the west side of Middlebelt Road between Linda Avenue and Five Mile Road On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 571-03 RESOLVED, that having considered a communication from the City Planning Commission, dated October 3, 2003, which transmits its resolution 09-133-2003, adopted on September 30, 2003, with regard to Petition 2003-08-02-16, submitted by Mark Pugliese, on behalf of Michigan Educational Credit Union, requesting waiver use approval to Regular Meeting of November 5, 2003 34336 construct and operate a credit union with drive-thru operations on property located on the west side of Middlebelt Road between Linda Avenue and Five Mile Road in the Northeast 1/4 of Section 23, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-08-02-16 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet A-2 prepared by Corrado A. Bartoli & Associates, Architects, dated October 15, 2003, as revised, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet A-3 prepared by Corrado A. Bartoli & Associates, Architects, dated October 15, 2003, as revised, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers shall be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Building Elevations Plan marked Sheet A-4 prepared by Corrado A. Bartoli & Associates, Architects, dated October 15, 2003, as revised, is hereby approved and shall be adhered to, 6 That the brick used in the construction of the building shall be full face four(4) inch brick, no exceptions, 7 That the lighting equipment as shown on the Site Plan detail shall not exceed 20 feet in height and shall be shielded so as to be deflected away from the neighboring residential properties, 8 That the three walls of the dumpster enclosure shall be constructed of the same brick used in the construction of the building and the structure shall have metal gates which, when not in use, shall be closed at all times, 9 That the parking spaces for the entire site shall be double striped, 10 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, Regular Meeting of November 5, 2003 34337 11 That the petitioner shall comply with the following stipulation contained in the correspondence dated September 4, 2003 from the Livonia Fire and Rescue Division of the Department of Public Safety • Access around building shall be provided for emergency vehicles with turning radius up to forty-five feet wall to wall and a minimum vertical clearance of 13 1/2 feet; 12 That this approval shall incorporate the following recommendations listed in the correspondence dated September 11, 2003 from the Traffic Bureau of the Division of Police, • "Stop" signs posted for traffic exiting onto Middlebelt Road and for traffic exiting the credit union area north into the main driveway; • Post height of canopy over the drive-thru lanes, • Post "Exit Only" or "Do Not Enter" signs for the proposed south driveway to discourage Middlebelt traffic from entering this driveway; 13 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 14 That the building shall be moved north a least three (3) feet with a corresponding shift in the drive-up facilities in order to widen the greenbelt adjacent to the screening wall and save as many of the existing trees as possible Council President Engebretson announced the following items that will be scheduled for a Public Hearing to be held on Wednesday, December 10, 2003 at 7:00 P.M. in the auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI 1 Petition 2003-09-01-16 submitted by John Elieff requesting to rezone property located on the north side of Seven Mile Road between Mayfield and Shadyside Avenues in the S W 1/4 of Section 3 from C-1 to C-2 2 Petition 2003-09-01-17 submitted by Jim Barnas, on behalf of Contracting Resources, LLC, requesting to rezone property located on the west side of Farmington Road between Five Mile Road and Lyndon Avenue in the N E. 1/4 of Section 21 from R-2 to OS Regular Meeting of November 5, 2003 34338 3 Petition 2003-09-01-18 submitted by Christopher McGrath, on behalf of Newburgh Properties, LLC, requesting to rezone property located at 19025 Newburgh on the west side of Newburgh Road between Seven Mile Road and Kingsburn Drive in the N E 1/4 of Section 7 from OS to C-1 A communication from the Engineering Division, dated October 7, 2003, re water drainage problem at 29070 Sunnydale, and their recommendation for a solution of the standing water problem, was received and placed on file for the information of the Council (CR 553-02) On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 572-03 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated October 14, 2003, submitted pursuant to Council Resolution 553-02, in connection with the water drainage problem at 29070 Sunnydale, the Council does hereby concur in the recommendation of the Department of Public Works, Engineering Division, as outlined in its letter dated October 7, 2003, with the understanding that the work will be performed by City personnel in winter 2003-2004 or the early spring of 2004 at no cost to the residents, detailed below as follows 1 Remove and deepen by relaying 164 feet of storm sewer on the south side of Sunnydale from the corner of Alexander westerly; 2 Regrade and deepen approximately 390 feet of road ditch on the south side of Sunnydale and replace four culverts involved, 3 Install a new cross culvert near the east property line of the newer home at 29084 Sunnydale, and 4 Clean out the existing enclosure at 29042 Sunnydale, if necessary A communication from the Public Service Division, dated October 14, 2003, re Sewer Line Payback Agreement relative to the Boulder Pines Development, and the department's concerns relative to a proposed ordinance amendment to create a *r. Regular Meeting of November 5, 2003 34339 payback provision, was received and placed on file for the information of the Council (Petition 2001-11-02-26) On a motion by Knapp, seconded by Taylor, and unanimously adopted, it was. CR 573-03 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated October 14, 2003, submitted pursuant to Council Resolution 441-03, in connection with the sewer line extension required with respect to Petition 2001-11-02-26 (Boulder Pines Development), the Council does hereby refer this item to the Administration in order to begin discussions with the petitioner regarding reimbursement for his unanticipated costs due to the change in route for such sewer line extension An e-mail communication from Deborah Mead, 9850 Fremont, Livonia, 48150, dated July 29, 2003, re her concerns about the number of children in each day care facility, was received and placed on file for the information of the Council The Notices of Violations submitted by the Building Inspection Department for four various addresses, re day care facilities operating within 1000 feet of one another, was received and placed on file for the information of the Council A petition received at the Legislative Committee meeting of October 12, 2003, re no objections to establishing Cuddle Time Day Care at 39133 Grennada, was received and placed on file for the information of the Council A 3-page petition titled "Support Neighborhood Day Care," dated October 12, 2003, re supporting the proposed city ordinance for family and group child daycare facilities, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was Regular Meeting of November 5, 2003 34340 CR 574-03 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 15, 2003, submitted pursuant to Council Resolution 367-03, in connection with the request from Robert and Tamera Clos, to amend Zoning Ordinance No 543, as amended, with respect to the 1000 ft. separation requirement for day care facilities, the Council does hereby refer this matter to the Department of Law to draft a proposed amendment to Zoning Ordinance No 543, to allow the Zoning Board of Appeals to hear requests for relief of the 1,000 ft. separation requirement for day care facilities for submission to Council A communication from the City Attorney, dated October 20, 2003, re recommending the City hire outside counsel because of a potential conflict of interest for him relative to Parmenter's Northville Cider Mill proposing to move its operation to Greenmead, was received and placed on file for the information of the Council A communication from Kathleen Glynn, Chairperson, Livonia Historic Preservation Commission, dated October 20, 2003, re concerns of the Commission relative to Parmenter's Northville Cider Mill proposing to move its operation to Greenemead, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 575-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 20, 2003, submitted pursuant to Council Resolution 466-03, with regard to the proposed relocation of the Northville Cider Mill (Parmenter's) to Greenmead, the Council does hereby refer this matter to the Administration to begin negotiations with the owner of Parmenter's for a Lease Agreement in order to operate its cider mill at Greenmead On a motion by Knapp, seconded by Brosnan, and unanimously adopted, it was CR 576-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 20, 2003, submitted pursuant to Council Resolution 466-03, with regard to the Regular Meeting of November 5, 2003 34341 proposed relocation of the Northville Cider Mill (Parmenter's) to Greenmead, the Council does hereby refer this item to the Historical Preservation Commission and other relevant departments for a report and recommendation on this subject and to concurrently develop a Master Plan for Greenmead On a motion by Knapp, seconded by Brosnan, and unanimously adopted, it was CR 577-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 20, 2003, submitted pursuant to Council Resolution 466-03, with regard to the proposed relocation of the Northville Cider Mill (Parmenter's) to Greenmead, the Council does hereby concur with the recommendation of the City Attorney in his correspondence dated October 20, 2003, and hereby authorizes the retaining of special legal counsel (as determined by the Mayor) in order to begin negotiations with the owner of Parmenter's for a Lease Agreement to operate its cider mill at Greenmead On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 578-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 20, 2003, submitted pursuant to Council Resolution 466-03, with regard to the proposed relocation of the Northville Cider Mill (Parmenter's) to Greenmead, the Council does hereby refer the subject of revenue flow to Greenmead to the Administration for its report and recommendation A communication submitted by Haggerty Road Investments, L L.0 , dated October 9, 2003, along with the determination of the State of Michigan Department of Consumer and Industry Services Bureau of Hearings, Agency of Bureau of Construction Codes, Case Type Barrier Free Design Exception Request (granted with exception for elevator), plans and drawings and conceptual photo of building, re remodeling and expanding an existing building on the east side of Haggerty Road between Seven Mile and Eight Mile Roads so as to operate a full service restaurant, was received and placed on file for the information of the Council (Petition 2001-03-02-05) Regular Meeting of November 5, 2003 34342 A conceptual photo submitted by Arthur Carmichael, President of Haggerty Road Investments, dated October 20, 2003 re remodeling and expanding an existing building on the east side of Haggerty Road between Seven Mile and Eight Mile Roads so as to operate a full service restaurant, was received and placed on file for the information of the Council (Petition 2001-03-02-05) A communication from Arthur Carmichael, President of Haggerty Road Investments, dated October 22, 2003, re a request to reconvene a Committee of the Whole meeting to discuss an "Offer to Purchase" received from Mr Jonna for property located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads, was received and placed on file for the information of the Council (Petition 2001-03-02- 05) The preceding subject matter is to remain in the Committee of the Whole A communication from Mayor Kirksey, dated October 10, 2003, re renaming Botsford Park to "Harvey W Moelke Park", was received and placed on file for the information of the Council Mrs. Betty Moelke, former First Lady of the City of Livonia, spoke to the subject matter of renaming Botsford Park to "Harvey W Moelke Park", in honor of her late husband On a motion by Knapp, seconded by Taylor, and unanimously adopted, it was CR 579-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 20, 2003, submitted pursuant to Council Resolution 195-03, in connection with the subject of naming public property after former elected officials, the Council does hereby concur in the recommendation of Mayor Kirksey, dated October 10, 2003, and the recommendation of the Parks and Recreation Commission in its resolution #2708-03 to rename Botsford Park to "Harvey W Moelke Park", FURTHER, the Council does hereby refer this matter to the Department of Law to prepare the appropriate ordinance amendment Regular Meeting of November 5, 2003 34343 to Section 12 16 010 of the Livonia Code of Ordinances for submission to Council A communication from the Engineering Division, dated September 23, 2003, re special assessment procedures for sidewalks, was received and placed on file for the information of the Council (CR 485-03) Jeff McKeaver, Chairman of Deacons, Berean Baptist Church, 38303 Eight Mile Road, spoke in opposition to installing sidewalks on Eight Mile Road between 1-275 and Newburgh Road Pete Bauman, 20469 Meadowview, Livonia, 48152, spoke in favor of installing a pathway out of the Livonia Hills subdivision Ed McLeod, 38445 Eight Mile Road, spoke in opposition to installing sidewalks on Eight Mile Road between 1-275 and Newburgh Road On a motion by Laura, seconded by Taylor, it was RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated October 21, 2003, submitted pursuant to Council Resolution 346-03, in connection with the possible installation of sidewalks on Eight Mile Road between 1-275 and Newburgh Road, the Council does hereby approve the installation of sidewalks (asphalt) on Eight Mile Road between 1-275 and Newburgh Road and further refers this item to the Engineering Division to prepare a single lot assessment report for the two property owners affected for submission to Council A roll call vote was taken on the foregoing resolution with the following result: AYES Laura NAYS Knapp, Vandersloot, Dolan, Taylor, Brosnan and Engebretson The President declared the resolution failed A communication from the Public Service Division, dated October 13, 2003, re a meeting held with various individuals to discuss the Michigan Department of Transportation's possible partnering opportunities with City of Livonia officials relative to the 1-275 Noise Abatement subject matter Regular Meeting of November 5, 2003 34344 Sandra, Carroll, representative for Families Near 1-275, thanked the City Council for their efforts to make the lives of residents living along 1-275 better On a motion by Laura, seconded by Dolan, and unanimously adopted, it was CR 580-03 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated October 21, 2003, submitted pursuant to Council Resolution 816-00, in connection with the subject of the 1-275 noise abatement, the Council does hereby concur in the recommendation of the Director of Public Works, dated October 13, 2003, to pursue a transportation grant from the State of Michigan, to be submitted by January 20, 2004, to assist with I- 275 noise abatement efforts Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 23 05 OF ARTICLE XXIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-05- 06-03) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Vandersloot, Dolan, Taylor, Laura, Brosnan and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Taylor, seconded by Knapp, it was CR 581-03 RESOLVED, that having considered a letter from Leon London and Brian Peters, dated October 13, 2003 and a letter from Marc A. Kondratow, dated October 15, 2003, requesting elimination of the sidewalk requirement in front of 18781 Lathers, 28249 Clarita, 28250 Clarita, 28299 Clarita and 28300 Clarita in the Northeast 1/4 of Section 12, and having further considered the report and recommendation of the City Engineer, dated October 22, 2003, approved for submission by the Mayor, Regular Meeting of November 5, 2003 34345 the Council does hereby approve these requests inasmuch as omitting the sidewalk on the subject properties would have no detrimental effect upon the neighboring properties at this time due to lack of other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Vendersloot, Dolan, Taylor, Brosnan and Engebretson NAYS Laura The President declared the resolution duly adopted A communication from the Department of Law, dated October 29, 2003, re a suggestion to view The Village Shops of Rochester Hills to determine if the same type of development may be appropriate for the City of Livonia as it pertains to the proposed Village Shops of Wonderland, was received and placed on file for the information of the Council (Petition 2003-09-08-24) A communication from the Planning Department, dated October 30, 2003, re the amount of parking space available for the proposed Village Shops of Wonderland development, was received and placed on file for the information of the Council (Petition 2003-09-08-24) A fax communication from Schostak Brothers & Company, dated October 31, 2003, re a Detroit News article about Tel-Twelve Shopping Center's transformation from an enclosed mall to free-stand buildings with small and large retail stores and restaurants, relative to the proposed Village Shops of Wonderland, was received and placed on file for the information of the Council (Petition 2003-09-08-24) On a motion by Taylor, seconded by Brosnan, and unanimously adopted, Regular Meeting of November 5, 2003 34346 it was. CR 582-03 RESOLVED, that having considered a communication from the City Planning Commission, dated October 17, 2003, which transmits its resolution 10-144-2003 adopted on October 14, 2003, with regard to Petition 2003-09-08-24 submitted by Wah Yee Associates, on behalf of Schostak Brothers & Company, Inc., requesting site plan approval in connection with a proposal to construct a commercial development known as The Village Shops of Wonderland — Phase I (East) on property located at 29859 Plymouth Road, on the south side of Plymouth Road between Middlebelt and Merriman Roads in the Northeast 1/4 of Section 35, pursuant to the provisions set forth in Section 18 47 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2003-09- 08-24 is hereby approved and granted, subject to the following conditions 1 That the Site Plans marked Sheets C-1 and C-2 both dated 9/19/03, as revised, prepared by Hubbell, Roth & Clark, are hereby approved and shall be adhered to, 2 That a fully detailed Landscape Plan shall be submitted to the Planning Commission and City Council for their review and approval within sixty (60) days of this approval, 3 That the Exterior Building Elevation Plans labeled Retail E, Retail F and Retail 0 (to be amended to show new rear elevations) all dated 9/19/03, as revised, prepared by Charles E Fosse, Architect, are hereby approved and shall be adhered to, 4 That the brick used in the construction shall be full face four(4) inch brick or in the case a precast concrete system is used it shall meet ASTM C216 standards, 5 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 6 That the trash dumpster areas shall be constructed out of the same brick used in the construction of the buildings or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the buildings and the enclosure gates shall be maintained and when not in use, closed at all times, Regular Meeting of November 5, 2003 34347 7 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 8 That the Lighting Plan marked Sheet FC-1 dated 9/19/03, as revised, prepared by Hubbell, Roth & Clark, is hereby approved and shall be adhered to, 9 That all light fixtures shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 10 That the petitioner shall correct to the Fire Department's satisfaction the following as outlined in the correspondence dated September 30, 2003, • that if any of subject buildings are to be provided with automatic sprinklers systems, hydrants shall be located between 50 ft. and 100 ft. from the Fire Department connections ■ adequate hydrants shall be provided and located with a maximum spacing of 300 ft. between hydrants Most remote hydrant shall flow 1,500 FPM with a residual pressure of 20 PSI • access around building shall be provided for emergency vehicles with turning radius up to 45 ft. wall to wall and a minimum vertical clearance of 13 1/2 ft. 11 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto, 12 That no signs, either freestanding or wall mounted, are approved with this petition All such signage shall be separately submitted for review and approval by the Planning Commission and City Council, 13 That a Master Sign Plan establishing ground signage for the entire The Village Shops of Wonderland development shall be separately submitted for review and approval by the Planning Commission and City Council Included in the application shall be the location and graphics of each Business Center Sign, all Identification Signs and any directional signage, 14 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, and Regular Meeting of November 5, 2003 34348 15 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for A communication from the Department of Law, dated October 29, 2003, re a suggestion to view The Village Shops of Rochester Hills to determine if the same type of development may be appropriate for the City of Livonia as it pertains to the proposed Village Shops of Wonderland, was received and placed on file for the information of the Council (Petition 2003-09-08-25) A communication from the Planning Department, dated October 30, 2003, re the amount of parking space available for the proposed Village Shops of Wonderland development, was received and placed on file for the information of the Council (Petition 2003-09-08-25) A fax communication from Schostak Brothers & Company, dated October 31, 2003, re a Detroit News article about Tel-Twelve Shopping Center's transformation from an enclosed mall to free-stand buildings with small and large retail stores and restaurants, relative to the proposed Village Shops of Wonderland, was received and placed on file for the information of the Council (Petition 2003-09-08-25) On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was. CR 583-03 RESOLVED, that having considered a communication from the City Planning Commission, dated October 17, 2003, which transmits its resolution 10-146-2003 adopted on October 14, 2003, with regard to Petition 2003-09-08-25 submitted by Wah Yee Associates, on behalf of Schostak Brothers & Company, Inc., requesting site plan approval in connection with a proposal to construct a commercial development known as The Village Shops of Wonderland — Phase I (West) on property located at 30255 Plymouth Road, on the south side of Plymouth Road between Middlebelt and Merriman Roads in the Northeast % of Section 35, pursuant to the provisions set forth in Section 18 47 of Zoning Ordinance Regular Meeting of November 5, 2003 34349 No 543, as amended, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2003-09- 08-25 is hereby approved and granted, subject to the following conditions LP 1 That the Site Plans marked Sheets C-1 and C-2 both dated 9/19/03, as revised, prepared by Hubbell, Roth & Clark, are hereby approved and shall be adhered to, 2 That a fully detailed Landscape Plan shall be submitted to the Planning Commission and City Council for their review and approval within sixty (60) days of this approval, 3 That the Exterior Building Elevation Plan labeled Outlot A dated 9/19/03, as revised, prepared by Charles E Fosse, Architect, is hereby approved and shall be adhered to, 4 That the Exterior Building Elevation Plan marked Job No 3617 dated 9/5/03, prepared by Charles E Fosse, Architect, is hereby approved and shall be adhered to, 5 That the brick used in the construction shall be full face four(4) inch brick or in the case a precast concrete system is used it shall meet ASTM C216 standards, 6 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 7 That the trash dumpster areas shall be constructed out of the same brick used in the construction of the buildings or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the buildings and the enclosure gates shall be maintained and when not in use, closed at all times, 8 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 9 That the Lighting Plan marked Sheet FC-1 dated 9/19/03, as revised, prepared by Hubbell, Roth & Clark, is hereby approved and shall be adhered to, 10 That all light fixtures shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; Regular Meeting of November 5, 2003 34350 11 That the petitioner shall correct to the Fire Department's satisfaction the following as outlined in the correspondence dated September 30, 2003, • that if any of subject buildings are to be provided with automatic sprinklers systems, hydrants shall be located between 50 ft. and 100 ft from the Fire Department connections • adequate hydrants shall be provided and located with a maximum spacing of 300 ft. between hydrants Most remote hydrant shall flow 1,500 FPM with a residual pressure of 20 PSI • access around building shall be provided for emergency vehicles with turning radius up to 45 ft. wall to wall and a minimum vertical clearance of 13 1/2 ft. 12 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto, 13 That no signs, either freestanding or wall mounted, are approved with this petition All such signage shall be separately submitted for review and approval by the Planning Commission and City Council, 14 That a Master Sign Plan establishing ground signage for the entire The Village Shops of Wonderland development shall be separately submitted for review and approval by the Planning Commission and City Council Included in the application shall be the location and graphics of each Business Center Sign, all Identification Signs and any directional signage, 15 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, and 16 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for A communication from John DelSignore, Fonte D'Amore Restaurant, 32030 Plymouth Road, Livonia, 48150, re his opposition to the increased size of a Regular Meeting of November 5, 2003 34351 proposed restaurant to be located at 31735 Plymouth Road, was received and placed on file for the information of the Council (Petition 2003-08-02-18) On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 584-03 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 2003, which transmits its resolution 09-135-2003, adopted on September 30, 2003, with regard to Petition 2003-08-02-18, submitted by Giulio Ledda, on behalf of Italian Acquisition Restaurant, LLC, requesting waiver use approval to construct and operate a restaurant with a seating capacity of 124 seats (Giulio's Ristorante Italiano) on property located at 31735 Plymouth Road, on the south side of Plymouth Road between Auburndale and Berwick Avenues in the Northeast 1/4 of Section 34, which property is zoned C-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-08-02-18 is hereby approved and granted, subject to the following conditions 1 That the Site Plan prepared by Pallos Architects, dated September 30, 2003, is hereby approved and shall be adhered to, 2 That the Building Elevations Plan prepared by Pallos Architects, dated September 30, 2003, is hereby approved and shall be adhered to, 3 That the brick used in the construction of the building shall be full face four (4) inch brick, no exceptions, 4 That the dumpster screen wall shall be constructed as shown on the building elevations plan with brick to match the building and with metal gates which, when not in use, shall be closed at all times, 5 That all lighting equipment shall be shielded so as to be deflected away from the adjacent properties and roadway and such equipment shall not exceed 20 feet in height above grade, 6 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 7 That all off-street parking spaces provided on this site shall be double-striped, Regular Meeting of November 5, 2003 34352 8 That the two parking spaces marked as barrier free shall be 1. individually posted as handicap parking spaces per City ordinance, 9 That the following issue specified in the correspondence dated September 5, 2003 from the Inspection Department shall be rectified to that department's satisfaction, • The parking area needs maintenance, repair, some repaving and resealing 10 That this approval is subject to the petitioner being granted variances from the Zoning Board of Appeals for deficient number of parking spaces, deficient size of parking spaces, deficient width of parking aisles, deficient front and side yard setbacks, and shall be subject to any conditions related thereto, and 11 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for On a motion by Taylor, seconded by Laura, it was CR 585-03 RESOLVED, that in connection with Petition 2003-08-02-18, submitted by Giulio Ledda, on behalf of Italian Acquisition Restaurant, LLC, requesting waiver use approval to construct and operate a restaurant with a seating capacity of 124 seats (Giulio's Ristorante Italiano) on property located at 31735 Plymouth Road in the Northeast 1/4 of Section 34, the Council does hereby approve a modification of the thirty (30) seat limitation for a restaurant in a C-1 district to enable this restaurant to operate with a maximum seating capacity of 124 seats A roll call vote was taken on the foregoing resolution with the following result. AYES Knapp, Vandersloot, Dolan, Taylor, Laura, Brosnan and Engebretson NAYS None The President declared the resolution duly adopted On a motion by Knapp, seconded by Dolan, and unanimously adopted, It was Regular Meeting of November 5, 2003 34353 CR 586-03 RESOLVED, that having considered a letter from Julie Culp, on behalf of Franklin High School Patriots Booster Club, dated October 24, 2003, requesting permission to place 24" x 22" lawn-type signs advertising fall and spring craft shows to be conducted on Saturday, November 15, 2003, and Saturday, March 20, 2004, and which signs would be installed at various locations in the City on Saturday, November 8, 2003 for the fall show and Saturday, March 13, 2004, for the spring show and removed the day following each show, the Council does hereby approve of and concur in this request in the manner and form herein requested On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was CR 587-03 RESOLVED, that having considered a communication from the Chief of Police, dated October 14, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a donation from the Southeast Michigan Chrysler-Jeep Dealers Association, Inc., 27400 Northwestern Hwy , P 0 Box 307, Southfield, Michigan 48037- 0307, in memory of Mr Walt Norris, owner of Livonia Chrysler Jeep, Inc., in the amount of $4,847 70, FURTHER, the Council does hereby credit the amount of $4,847 70 to Account No 265-000-698-000 to be used as funding for six of the 43 recently ordered X26E TASER® less-lethal weapons for the Division of Police On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 588-03 RESOLVED, that having considered a communication from the Department of Parks and Recreation, dated October 16, 2003, 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 various gifts and cash donations, in the total amount of $575 00, from the sources indicated therein for use by the Department of Parks and Recreation as indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of $575 00 to Account No 702-285-125 for the purposes as designated by the donors An e-mail communication from Amy Liebau, 14630 Ronnie Lane, Livonia, 48154, dated November 3, 2003, re her opposition to allowing a Hooters restaurant to Regular Meeting of November 5, 2003 34354 be operated in the City of Livonia, was received and placed on file for the information of the Council (Petitions 2000-11-02-32 and 2000-11-02-33) A communication from the Department of Law, dated October 22, 2003, re an attached Opinion of the Michigan Court of Appeals reversing the Wayne County Circuit Court decision relative to the Livonia Hotel, LLC v City of Livonia and Building Official of Livonia, was received and placed on file for the information of the Council (Petitions 2000-11-02-32 and 2000-11-02-33) A communication from the Department of Law, dated October 27, 2003, re a recommendation for an amendment to Zoning Ordinance No 543 to include language of a mayoral veto in pertinent procedural provisions, and a recommendation not to pursue an appeal to the Michigan Supreme Court relative to Livonia Hotel, LLC v City of Livonia and Building Official of Livonia, was received and placed on file for the information of the Council (Petitions 2000-11-02-32 and 2000-11-02-33) On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 589-03 RESOLVED, that having considered the report and recommendation of the Department of Law, dated October 27, 2003, approved for submission by the Mayor, in connection with Livonia Hotel, LLC v City of Livonia and Building Official of Livonia, the Council does hereby refer this matter to the Department of Law to prepare the appropriate ordinance amendment to Zoning Ordinance No 543, to add a clause stating "subject to mayoral veto" in the pertinent procedural provisions for waiver use and rezoning petitions for submission to Council On a motion by Knapp, seconded by Brosnan, it was RESOLVED, that the Council does hereby determine to appeal the Michigan Court of Appeals' decision regarding Livonia Hotel, LLC v City of Livonia and Building Official of Livonia, to the Michigan Supreme Court. Regular Meeting of November 5, 2003 34355 A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Brosnan and Engebretson NAYS Vandersloot, Dolan, Taylor and Laura The President declared the resolution failed On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was CR 590-03 RESOLVED, that the Council does hereby determine to refer the issue of abandoned and non-conforming waiver use provisions in the Zoning Ordinance to the Law Department for a report and recommendation, and then refer it back to the Legislative Committee for its review On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, this 1,500th Regular Meeting of the Council of the City of Livonia was adjourned at 10 01 p m , November 5, 2003 'Joan McCotter, City Clerk