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HomeMy WebLinkAboutCOUNCIL MINUTES 2001-11-07 33266 MINUTES OF THE ONE THOUSAND FOUR HUNDRED FIFTY-SECOND REGULAR MEETING OF NOVEMBER 7, 2001 On November 7, 2001, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Vandersloot delivered the invocation Roll was called with the following result: Val I Vandersloot, John Walsh, John Pastor, Brian Duggan, Joe Laura, Jack Engebretson and Maureen Miller Brosnan Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Cathryn White, Chief Assistant City Attorney; Joan McCotter, City Clerk, Ron Reinke, Superintendent of Parks and Recreation, and Jim Inglis, Director of Housing On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was CR 688-01 RESOLVED, that the minutes of the 1,451 s` Regular Meeting of the Council held October 24, 2001 are hereby approved as submitted During audience communication, Councilmember Laura thanked all the residents that voted in the City election held on Tuesday, November 6, 2001 He offered congratulations to Councilmember Engebretson, who will be the new Council President; Don Knapp, who will be the new Council Vice-President; Linda Dolan and Gerald "Joe" Taylor for their victories in being elected to the City Council, as well as to Joan McCotter and Linda Grimsby on their re-election to the offices of City Clerk and Treasurer, respectively Council President Brosnan recognized the students from Livonia Stevenson High School's government class that were present in the audience Councilmember Pastor reminded everyone about the Holiday Parade that will be held on November 17, 2001 On a motion by Duggan, seconded by Laura, and unanimously adopted, it 33267 was CR 689-01 RESOLVED, that having considered a request from Councilmember Brian Duggan, the Council does hereby refer the subject of the acquisition of a right-of-way on Bethany Street north of Seven Mile Road to the Law Department to begin this process On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 690-01 RESOLVED, that having considered a request from Councilmember Brian Duggan, the Council does hereby refer the subject of the installation of a "Stop" sign on Hubbard Road at Camborne Street to the Traffic Commission for a report and recommendation On a motion by Duggan, seconded by Laura, and unanimously adopted, it was. CR 691-01 RESOLVED, that having considered a request from Councilmember Brian Duggan, the Council does hereby refer the subject of an update on the status of the naming of the Robert McCann Memorial Park, and the installation of appropriate signage to the Administration for a report and recommendation A communication from the Department of Finance, dated October 22, 2001, re forwarding various financial statements of the City of Livonia for the month ending September 30, 2001, was received and placed on file for the information of the Council A communication from the Department of Law, dated October 16, 2001, re Livonia Hotel, L.L.C. and Hooters of Livonia, Inc. v City of Livonia and Building Official of the City of Livonia, Wayne County Circuit Court Case No 01-119729CE, to which is attached an Order of Dismissal relative to this case, was received and placed on file for the information of the Council At the direction of the chair, Agenda Item No 17 was removed from the Consent Agenda and placed on the Regular Agenda 33268 On a motion by Duggan, seconded by Vandersloot, it was CR 692-01 RESOLVED, that having considered a communication from the City Assessor, dated October 8, 2001, approved for submission by the w, Mayor, with regard to a request from Hershel D Caudle, 19515 Merriman Court, 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 46-007-99-0020-000 into two parcels, the legal descriptions of which shall read as follows PARCEL A Part of the SW 1/4 of Section 2, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as The North 88' of the South 1408' of the West 442 50' of the SW 1/4, Section 2, T 1 S , R.9 E, except the East 206 50' thereof, also excepting the West 60' thereof, containing 0 36 acres (15,488 sq ft.) of land, more of less, subject to any easements or restrictions of record PARCEL B Part of the SW 1/4 of Section 2, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as The North 88' of the South. 1408' of the West 442 50' of the SW 1/4, Section 2, T 1 S , R.9 E, except the West 236 0' thereof, also excepting the East 30' thereof, containing 0 36 acres (15,532 sq ft.) of land, more of less, subject to any easements or restrictions of record as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, PROVIDED, HOWEVER, THAT UNTIL A VARIANCE IS GRANTED BY THE ZONING BOARD OF APPEALS AS TO EVERY NONCONFORMING LOT RESULTING FROM SUCH SPLIT, NONE OF SAID LOTS MAY BE SOLD, LEASED OR TRANSFERRED CR 693-01 RESOLVED, that having considered a communication from the Council President and the Director of Legislative Affairs, dated October 22, 2001, which bears the signature of the Director of Finance, the Council does hereby approve of an extension of the current contract between the City of Livonia and MAT Court Recording & Court Services, 6225 Ardmore Park Circle, Dearborn Heights, Michigan 48127, to provide recording and transcription services for the City of Livonia Zoning Board of 33269 Appeals meetings for the period December 1, 2001, through November 30, 2004, at the rate of $18 00 per hour ($2 85 per page for transcription) for the period December 1, 2001 through November 30, 2002, $19 00 per hour ($2 90 per page for transcription) for the period December 1, 2002 through November 30, 2003, and $20 00 per hour ($3 00 per page for transcription) for the period December 1, 2003 through November 30, 2004, and $3.25 per page for expedited requests for transcription, from funds already budgeted for this purpose in Account No 101-815-818-000 (Contract Services), FURTHER, the Council does hereby authorize a permanent extension of Special Appointment for recording services for the Zoning Board of Appeals secretarial support services, and the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with the aforesaid company and to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 694-01 RESOLVED, that having considered a communication from the City Clerk, dated October 22, 2001, the Council does hereby approve of an extension of the current contract between the City of Livonia and MAT Court Recording & Court Services, 6225 Ardmore Park Circle, Dearborn Heights, Michigan 48127, to provide recording and transcription services for the Office of the City,.Clerk (City Council Public Hearings) for the period December 1, 2001, through November 30, 2004, at the rate of $18 00 per hour($2 85 per page for transcription) for the period December 1, 2001 through November 30, 2002, $19 00 per hour ($2 90 per page for transcription) for the period gecember 1, 2002 through November 30, 2003, and $20 00 per hour ($3 00 per page for transcription) for the period December 1, 2003 through November 30, 2004, and $3 25 per page for expedited requests for transcription, from funds already budgeted for this purpose in Account No 101-111-818-000 (Contractual Services), FURTHER, the Council does hereby authorize a permanent extension of Special Appointment for recording services for the City Clerk secretarial support services, and the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with the aforesaid company and to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 695-01 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 17, 2001, and the report and recommendation of the Chief of Police, dated October 22, 2001, approved for submission by the Mayor, the Council does hereby approve the request from Khalida Bahnam, to transfer ownership of a 33270 2001 SDD-SDM License from Livonia Liquor Castle, Inc , for a business located at 28287 Plymouth Road, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 696-01 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated October 9, 2001, regarding Notice of Cancellation of Application from Hooters of Livonia, Inc. (a Georgia Corporation) to transfer ownership of a 1998 Class C licensed business with Sunday Sales Permit, from El Gaucho Restaurant Corp , to transfer location from 9411 Telegraph, Taylor, Michigan, Wayne County to 30399 Plymouth Road, Livonia, Michigan, Wayne County; and the request for a new Entertainment Permit, the Council does hereby determine to take no further action with respect to this item. CR 697-01 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated October 12, 2001, approved for submission by the City Attorney and the Mayor, to which is attached a proposed Western Wayne Narcotics Interlocal Agreement between the Michigan Department of State Police, the Township of Canton, the City of Belleville, the City of Northville, the City of Detroit, the City of Livonia, the Township of Sumpter and the Drug Enforcement Agency Detroit Office pursuant to the Urban Cooperation Act, MCL 124 501 et seq , the Council does hereby authorize the Mayorfand City Clerk, for and on behalf of the City of Livonia, to execute the Agreement in the manner and form herein submitted, and the City Clerk is,,hereby authorized to do all other things necessary or incidental to the full performance of this resolution CR 698-01 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated October 9, 2001, 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 an upgrade to the current Fire Department Compressor and Air Bottle Fill System from Breathing Air Systems, 8855 E Broad Street, Reynoldsburg, Ohio, 43068, in the amount of $28,000 00, the same to be expended from Account No 101-338-987-000 (Capital Outlay - Other Equip ) for this purpose, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 699-01 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated October 19, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting approval of grant classifications and pay rates for Fiscal Year 2002, the Council does 33271 hereby approve the attached grant classifications and compensation plan for staff employment for the Department of Community Resources for Fiscal Year 2002 for the period October 1, 2001 through September 30, 2002, with the only benefit provided being holiday pay after the completion of 480 hours, as follows GRANT CLASSIFICATIONS CLASSIFICATIONS AND PAY RATES EFFECTIVE OCT 1, 2001, TO SEPT 30, 2002 POSITION JOB DESCRIPTION STEP 1 STEP 1.5 STEP 2 STEP 3 STEP 4 GRANT Administration of grants programs 14.38 145B 14.81 15.25 1571 MANAGER Duties include grant writing, personnel administration and program and fiscal management. Qualifications include college degree and!or experience in administration of senior programs ASSISTANT Assist with administration of grant 12.72 12.92 13 10 13 49 13.89 GRANT programs Duties include client intake MANAGER and assessment, record keeping and report preparation Qualifications include gerontology certificate and! or equivalent experience working with citizens with special needs , � PROJECT Responsible for day today operation 11.88 12 05 12.24 1261 12.99 ~�~ C[)ORO of a grant program Duties include ^ ' equipment and materials invenbmry, job assignment,worker scheduling, traininQ, and monitoring. {3uo|ificatimnm^ include specialized training!certification! endorsement/licensing or equivalent training HOME Performs direct service 11 14 11.31 1147 11.81 1316 SERVICE Duties may include on the job WORKER supervision of workers, (including workfare, title V, volunteers). Performing technical or specialized repairs or tasks. Qualifications include vocational training and/or experience PROJECT Performs direct service. 10 18 10.32 10 49 10.80 11 12 LEADER Duties may include on the job oupervimion, prepares reports and maintains records. Performs general client care and home care tasks Qualifications include special training and/or experience in client care or home care field 33272 POSITION JOB DESCRIPTION STEP 1 STEP 1.5 STEP2 STEP3 STEP4 BUS DRIVER Drive city buses, assisting passengers on and off the bus. Qualifications include good driving 9 76 9 91 10 05 10 35 10 66 record, commercial driver license (CDL) and must pass MDOT physical WORKER II Performs heavy manual labor 8 88 9 02 9 16 9 43 9 71 Duties include operation of machines performance of household maintenance tasks. Qualifications include training and/ or experience. WORKER Performs light manual labor 8.50 8 62 8 76 9 02 9.29 Duties include household maintenance tasks and clerical work Qualifications include training and/or experience. STEP 1 ENTRY LEVEL INTO THE GRANT CLASSIFICATION STEP 1.5 COMPLETION OF 1040 HOURS IN STEP 1 STEP 2 ONE OR MORE YEARS OF EXPERIENCE IN A GRANT CLASSIFICATION FOR 2080 HOURS OR EQUIVALENT4EXPERIENCE STEP 3 COMPLETION OF 2080 HOURS IN STEP 2 OR EQUIVALENT EXPERIENCE STEP 4 COMPLETION OF 2080 HOURS IN STEP 3 OR EQUIVALENT EXPERIENCE CLASSIFICATIONS AND PAY RATES EFFECTIVE OCTOBER 1, 2001 —SEPTEMBER 30, 2002 CR 700-01 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission and the Director of Community Resources, dated October 19, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein approval is requested to increase the maximum grant award for minor home repair from $750 00 per year to $1,500 00 per year, due to the increase in the cost of labor and parts for repairs, the Council does hereby approve this request in the manner and form herein submitted CR 701-01 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission and the Supervisor of Community Development-Housing Commission, dated 33273 October 19, 2001, approved for submission by the Mayor, regarding participation in the Michigan State Housing Development Authority's Housing Resources Fund (HRF) for the purpose of providing a Homebuyer Assistance Program for low and moderate income households, the Council does hereby authorize the Mayor, for and on behalf of the City of Livonia, to sign the necessary Application documents to receive funds in the amount of $300,000 00 from MSHDA for this purpose, and FURTHER, the Council does hereby authorize the City Clerk to submit the Application package to the Michigan State Housing Development Authority for approval CR 702-01 RESOLVED, that having considered the report and recommendation of the Department of Law, dated October 3, 2001, approved for submission by the Mayor, regarding the proposed lease of a portion of the City Landfill site by Peter Basile & Sons, Inc on a month-to- month basis, the Council does hereby authorize the lease of a portion of the City Landfill Site to Peter Basile & Sons, Inc , 13000 Newburgh Road, Livonia, Michigan 48151-2129, on a month-to-month basis with a six- month notice to terminate at a rental rate of $500 00 per month, and the Mayor and City Clerk are hereby authorized to execute a lease agreement 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 CR 703-01 RESOLVED, that having considered a communication from the Department of Law, dateq October 11, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, submitted pursuant to/Council Resolution 505-01, transmitting for Council acceptance a Warranty Deed dated October 1, 2001, executed by Anchor Homes Corporation, conveying to the City certain property described as follows That part of the Southwest 1/4 of Section 32, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at Northeast corner of Lot 753 of Supervisor's Livonia Plat No 12 as recorded in Liber 66, Page 65 of Wayne County Records and proceeding thence South 15°13'40" West, 27 00 feet along the Easterly line of said lot; thence North 57°01'50" West, 215 96 feet; thence North 12°47'26" East, 27 40 feet; thence South 57°01'50" East, 217 18 feet to the point of beginning Containing 5,569.25 s f or 0 128 Acres. Property Number 46-126-01- 0753-001 (36543 Ann Arbor Trail) the Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid Warranty Deed, and the City Clerk is hereby requested to 33274 have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution CR 704-01 RESOLVED, that having considered a letter from the Department of Law, dated October 11, 2001, approved for submission by the Mayor, submitting a Notice of Discharge of Land and Resource Use Restrictions and a Restrictive Covenant for recording against certain property owned by the City of Livonia, located at 12973 Farmington Road, more particularly described as That part of Lot 41 of Newman Schoolcraft Farms Subdivision, recorded at Liber 69, Page 90 of Plats, Wayne County records, described as beginning at the Southeast corner of Lot 41 and proceeding thence North 89 degrees, 17 minutes, 50 seconds West along the southerly lot line 792 62 feet, thence North 14 degrees, 47 minutes east along the westerly lot line 166 44 feet, thence South 88 degrees, 27 minutes, 40 seconds East 480 34 feet, thence along the easterly lot line due South 74.25 feet and South 88 degrees, 27 minutes, 40 seconds East 270 02 feet and due South 76.25 feet to the point of beginning pursuant to MCL 324.21310a(2), the Council does hereby request that a Notice of Discharge of Land and Resource Use Restrictions and a Restrictive Covenant be recorded against said property with the Wayne County Register of Deeds, such Notice and Restrictive Covenant to be substantially in the forms thereof attached to the referenced correspondence, and the Mawr and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute such notice and restrictive covenant and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such legal documentation as may be necessary to consummate this transaction CR 705-01 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated October 5, 2001, which transmits its resolution 10-149-2001, with regard to Petition 01-8-2- 14, submitted by Joe's Produce Company, requesting waiver use approval to utilize an SDM license in connection with an existing fruit and vegetable market located on the north side of Seven Mile Road between Shadyside and Mayfield in the S W 1/4 of Section 3, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 01- 8-2-14 is hereby approved and granted, FURTHER, the Council does hereby waive the 500 foot separation requirement set forth in Section 10 03(g)(I) of the Zoning Ordinance, as amended L 33275 CR 706-01 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 22, 2001, and the report and recommendation from the Chief of Police, dated October 17, 2001, approved for submission by the Mayor, in connection therewith, the Council does hereby determine that it has no objection to and does recommend approval of the request of Joe's Produce Co for a new SDM License for a business located at 33152 W Seven Mile Road, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 707-01 RESOLVED, that having considered a communication from the City Planning Commission, dated October 5, 2001, which transmits its resolution 10-151-2001, adopted on October 2, 2001, with regard to Petition 01-8-2-16, submitted by Laziza LLC, requesting waiver use approval to operate a full service restaurant on property located on the south side of Eight Mile Road between Middlebelt Road and Brentwood Avenue in the Northwest 1/4 of Section 1, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 01-8-2-16 is hereby approved and granted, subject to the following conditions 1 That the seating capacity shall be limited to 60 customer seats, 2 That the following issues as outlined in the correspondence dated September 13, 2001 from the Inspection' Department shall be rectified to that department's satisfaction a That all required entrances and the space in its entirety must be fully accessible and barrier free as though it were new construction, b That the existing dumpster enclosure in the southeast corner of the site shall be repaired and when completed shall consist of three walls constructed of brick or reinforced poured concrete with simulated brick pattern and having wood enclosure gates, and further provided, that any additional dumpsters provided on the site shall be screened by means of a similar enclosure, c. That the parking lot shall be repaved, resealed and double- striped and the landscape areas shall receive needed maintenance, d That the debris in the rear aisle shall be removed from the site, 33276 3 That the handicapped parking spaces currently located at the far west end of the parking lot be moved to the center of the complex and a curb cut or ramp be constructed to allow easier access to the walkway along the store fronts, as recommended in the correspondence dated September 5, 2001 from the Traffic Bureau of the Division of Police CR 708-01 RESOLVED, that having considered a communication from the City Planning Commission, dated October 17, 2001, which transmits its resolution 10-165-2001 adopted on October 16, 2001, with regard to Petition 01-9-8-25, submitted by National Specialties, on behalf of BP Gas Station, requesting site plan approval in connection with a proposal to construct an addition and renovate the exterior building elevations of the gas station located at 31301 Five Mile Road in the Southeast 1/4 of Section 23, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 01-9-8-25 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SP-1 dated October 18, 2001, as revised, prepared by National Specialties Installation, is hereby approved and shall be adhered to, L 2 That the Landscape Plan , ,arked Sheet L-1 dated October 8, 2001, prepared by National Specialties Installation, is hereby approved and shall be adhered to, ,, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Building Elevation Plan marked Sheet A3 dated October 16, 2001, as revised, prepared by National Specialties Installation, is hereby approved and shall be adhered to, 6 That the brick used in the construction shall be full-face four (4") inch brick, no exception, 7 That all mechanical rooftop equipment shall be screened from public view to the satisfaction of the Planning Director; 33277 8 That the gas pump island canopy shall not exceed 18 ft. in height, and its support columns shall be covered with the same brick used in the construction of the building, bow 9 That the leading edge of the pump island canopy shall not be any closer than 10 ft. from the property line, 10 That the lights of the pump island canopy shall be recessed in such a way that the intensity of the illumination is decreased, 11 That all stand-alone light standards shall be shielded from the adjacent properties and shall not exceed 20 ft. in height; 12. That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in their correspondence dated September 26, 2001 a That the entire parking lot shall be repaired, resealed and double striped, b That all handicap spaces shall be identified and comply with the Michigan Barrier Free Code, c. That all construction,fixtures, counters and doors shall meet the Barrier Free Accessibility Code in its entirety; 13 No outside storage, placement or display of merchandise shall be permitted at any time on this site, however, the foregoing prohibition shall not apply to the display, on the pump islands only, of oil-based products as permitted in Section 11 03(a) of the Zoning Ordinance, 14 That the Sign Package, submitted by National Specialties Installation, as received by the Planning Commission on October 12, 2001, is hereby approved and shall be adhered to, and shall abide by the following a That all wall signage, including canopy signage, shall not exceed 100 sq ft., b That the ground sign shall not exceed 40 sq ft. and 12 ft. in height; 15 That no part of the pump island canopy fascia, with the exception of the embossed logos, shall be illuminated, 33278 16 That no LED lightband or neon shall be permitted on this site, including but not limited to, the pump island canopy, building or around the windows, 17 That window signage for the station shall be limited to what is permitted by Section 18 50D Permitted Signs, subheading (g) "Window Signage", 18 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 19 That the station shall provide "Free Air" CR 709-01 RESOLVED, that having considered a communication from the Council President, dated October 15, 2001, to which is attached a proposed schedule of Council Study and Regular Meetings for the period January 1, 2002, through December 31, 2002, the Council does hereby approve the following dates for City Council meetings for 2002, subject to change with notice Study Meetings Regular Meetings JANUARY Monday, January 7 Wednesday, January 16 Wednesday, January 23 Wednesday, January 30 FEBRUARY Monday, February 4 , Wednesday, February 13 Wednesday, February 20 Wednesday, February 27 MARCH Monday, March 4 Wednesday, March 13 Monday, March 18 Wednesday, March 27 APRIL Monday, April 1 Wednesday, April 10 Monday, April 15 Wednesday, April 24 MAY Monday, April 29 Wednesday, May 8 Monday, May 13 Wednesday, May 22 JUNE Wednesday, May 29 Wednesday, June 5 Wednesday, June 12 Wednesday, June 19 33279 JULY Monday, June 24 Wednesday, July 3 Monday, July 8 Wednesday, July 17 AUGUST Monday, August 5 Monday, August 12 Monday, August 19 Wednesday, August 28 SEPTEMBER Wednesday, September 4 Wednesday, September 11 Wednesday, September 18 Wednesday, September 25 OCTOBER Monday, September 30 Wednesday, October 9 Monday, October 14 Wednesday, October 23 NOVEMBER Monday, October 28 Wednesday, November 6 Wednesday, November 13 Wednesday, November 20 DECEMBER Monday, November 25 Monday, December 9 Wednesday, December 11 Wednesday, December 18 CR 710-01 WHEREAS, the City Clerk has received an Application for a Speculative Building Designation from Susan M Harvey, Vice President, Ashley Capital, LLC, Agent for Ashley Livonia North, LLC, dated October 22, 2001, for speculative building units in Buildings 1 and 2 located in the Livonia Corporate Center, 28101-28401 Schoolcraft Road, to be located within City of Livonia Industrial Development District 72, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property that will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, December 17, 2001, at 7.00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 33280 3 The Council hereby sets Monday, December 17, 2001, at 7.00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application A roll call vote was taken on the foregoing resolutions with the following result: AYES Vandersloot, Walsh, Pastor, Duggan, Laura, Engebretson and Brosnan NAYS None Councilmember Pastor left the podium at 8 12 p m due to a conflict of interest. On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 711-01 RESOLVED, that having considered a communication from the City Planning Commission, dated October 17, 2001, which transmits its resolution 10-162-2001 adopted on October 16, 2001, with regard to Petition 01-8-8-24, submitted by California Pizza Kitchen, requesting site plan approval in connection with a proposal to renovate the exterior of one of the units of the Laurel Park Place Shopping Center located at 37605 Six Mile Road in the Southeast 1/4 &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 01-8-8-24 is hereby approved and granted, subject to the following conditions. 1 That the Site Plan dated July 31, 2001, prepared by Scheer Tanaka Riley Architects, is hereby approved and shall be adhered to, 2 That the Exterior Building Elevation Plan dated October 15, 2001, prepared by Scheer Tanaka Riley Architects, is hereby approved and shall be adhered to, 3 That the signage shown on the approved Elevation Plan is hereby approved and shall be adhered to, 4 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excessive number of wall signs and any conditions related thereto, 5 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 33281 Councilmember Pastor returned to the podium at 8 13 p m A communication from the Department of Law, dated October 22, 2001, re proposed zoning ordinance amendment limiting length and height of recreational vehicles stores outside in residential zones, was received and placed on file for the information of the Council (CR 114-01 & 115-01) On a motion by Walsh, seconded by Laura, and unanimously adopted, it was CR 712-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 23, 2001, submitted pursuant to Council Resolution 115-01, and the report and recommendation of the Department of Law, dated October 22, 2001, which bears the signature of the Director of Building Inspection and is approved for submission by the Mayor, submitted pursuant to Council Resolution 114-01, with regard to a letter from Stanley Wright, President of the Burton Hollow Civic Association, dated February 13, 2001, requesting an amendment to Section 4 02(g) of Zoning Ordinance No 543 to impose a limitation on the lepgth and height of recreational vehicles stored in the rear yard, the Council does hereby determine to take no further action with regard to this rpatter A communication from the Plapning Department, dated October 19, 2001 , re the removal from the Planning Commission agenda the request to schedule a public hearing date to consider an ordinance amendment to the Zoning Ordinance relative to notifying the public of cellular tower installation on private lands, was received and placed on file for the information of the Council (CR 131-01) On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was CR 713-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 23, 2001, submitted pursuant to Council Resolution 131-01 , and a memorandum from the Planning Director, dated October 19, 2001, concerning the referral to the Planning Commission of the subject of notification 33282 procedures to the public for cellular tower installation on private lands, the Council does hereby determine to take no further action with regard to Council Resolution 131-01 A communication from the Superintendent of Parks and Recreation, dated October 17, 2001, re the continuation of the policy whereby Council sets fees for the golf courses, was received and placed on file for the information of the Council (CR 189-01) On a motion by Walsh, seconded by Laura, and unanimously adopted, it was CR 714-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 23, 2001, submitted pursuant to Council Resolution 189-01, and the report and recommendation from the Superintendent of Parks and Recreation, dated October 17, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the matter of a change in policy or finance procedures to allow the Administration instead of the City Council to set fees for golf courses, the Council does hereby approve the aforesaid recommendation of the Superintendent of Parks and Recreation that Council continue to' approve fees by the adoption of resolutions with only minor exceptions that would allow the Department of Parks and Recreation to (1) set special event fees that may change according to the market or type of activity and (2) establish range fees at the golf course to adjust to changing conditions in the marketplace such as offering specials or attracting business during slow times Councilmember Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 2 07 OF ARTICLE II OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 01-3-6-5) 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. 33283 Councilmember Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 29 04 OF ARTICLE XXIX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 01-3-6-5) (CR 645-01) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Duggan left the podium at 8 16 p m due to a conflict of interest. Councilmember Walsh took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 10 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDININCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 01-4-1-5) (CR 613-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Walsh, Pastor, Laura, Engebretson and Brosnan NAYS Vandersloot The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Duggan returned to the podium at 8 19 p m Councilmember Pastor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 4 02 OF ARTICLE IV OF ORDINANCE NO 543, AS AMENDED, KNOWN AND 33284 CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 01-3-6-2) (CR 538-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Vandersloot, Walsh, Pastor, Duggan, Laura, Engebretson and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Walsh, seconded by Pastor, it was RESOLVED, that having considered a communication from Dale Brubaker of the Michigan Veterans of Foreign Wars and Gerald D Taylor, former Councilmember, dated October 26, 2001, wherein it is proposed that a permanent memorial be established honoring those from our community who have given their lives in the service of their country, the Council does hereby determine to take no further action on this matter Councilmember Walsh withdrew his motion on Jhe foregoing resolution and Councilmember Pastor withdrew his support on the foregoing resolution On a motion by Walsh, seconded by Engebretson, and unanimously adopted, it was CR 715-01 RESOLVED, that having considered a communication from Dale Brubaker of the Michigan Veterans of Foreign Wars and Gerald D Taylor, former Councilmember, dated October 26, 2001, wherein it is proposed that a permanent memorial be established honoring those from our community who have given their lives in the service of their country, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation Former Councilmember Joe Taylor, 36734 Sunnydale, Livonia, 48154, voiced his concerns regarding this project progressing because he stated that the Arts Commission has not moved ahead with any plans for this memorial Mayor Kirksey spoke to the Council regarding ongoing discussion for the potential of a Veteran's Memorial being erected, and that the matter is being acted upon Councilmember Duggan left the podium at 8 35 p m due to a conflict of interest. 33285 On a motion by Vandersloot, seconded by Walsh, and unanimously adopted, it was CR 716-01 RESOLVED, that having considered a communication from the City Assessor, dated August 25, 2001, approved for submission by the Mayor, with regard to a request from Leo Soave, representing Angus and Lois Mackenzie, 30430 Six Mile Road, 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 46-043-99-0026-001 into three parcels, the legal descriptions of which shall read as follows PARCEL A Part of the Southwest 1/4 of Section 11, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, more fully described as commencing at the South 1/4 corner of said Section 11, thence S 89°40'50" W 129 25 feet along the south line of said Section 11, thence N 00°11'41" W 60 00 feet to the North line of Six Mile Road and the point of beginning, thence S 89°40'50" W 157 32 feet along the North line of Six Mile Road to the East line of Cross Winds Road, thence N 00°11'41" W 201 12 feet; thence N 89°48'18" E 157 32 feet; thence S 00°11'42 E 200 78 feet to the point of beginning Containing 31,613 Sq Ft. PARCEL B Part of the Southwest 1/4 of Section 11, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, more fully described as commencing at the South 1/4 corner of said Sectipn 11, thence S 89°40'50" W 129.25 feet along the south line of said Section 11, thence N 00°11'41" W 260 78 feet to the point of beginning, thence S 89°48'18" W 157 32 feet to the East line of Cross Winds Road, thence N 00°11'41 W 80 00 feet; thence N 89°48'18" E 157 32 feet; thence S 00°11'42" E 80 00 feet to the point of beginning Containing 12,585 Sq Ft. PARC E LC Part of the Southwest 14 of Section 11, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, more fully described as commencing at the South '/4 corner of said Section 11, thence S 89°40'50" W 129.25 feet along the South line of said Section 11, thence N 00°11'41" W 340 78 feet to the point of beginning, thence S 89°48'18" W 157 32 feet to the east line of Cross Winds Road, thence N 00°11'41" W 80 00 feet; thence N 89°40'50" E 157 32 feet; thence S 00°11'42" E 80 34 feet to the point of beginning Containing 12,612 Sq Ft. 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 33286 cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds Councilmember Duggan returned to the podium at 8 36 p m On a motion by Duggan, seconded by Pastor, it was RESOLVED, that having considered a communication from the City Assessor, dated October 15, 2001, approved for submission by the Mayor, with regard to a request from Charles Tangora, representing Adele Avolio, 34750 Seven Mile, 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 46-015-99-0016-001 into three parcels, conditioned upon the current home being re-oriented to the Gary Lane address before Certificates of Occupancy are issued for new homes, and the legal descriptions of the parcels shall read as follows PARCEL 1 That part of the Southwest '/ of Section 4, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan described as beginning at a point distant North 89°57'40" West, 962 47 feet and North 00°13'38" East, 60 00 feet from the South '/ corner of Section 4 and proceeding North 89°57'40" West, 165 00 feet; thence North 00°13'38" East, 117 00 feet; thence South 89°57'40" East, 165 00 feet; thence South 00°13'38"West, 117 00 feet to the point of beginning Containing 0 443 acres PARCEL 2 , Part of the Southwest '/ of Section 4, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as Commencing at the South 'A corner of said Section 4, thence N 89°57'40" W 962 47 feet along the South line of said Section 4 said line also being the centerline of Seven Mile Road (120 feet wide), thence N 00°13'38" E 157 00 feet to the POINT OF BEGINNING, thence N 89°57'40" W 165 00 feet to a point on the East line of BICENTENNIAL ESTATES SUBDIVISION, as recorded in Liber 99 of Plats, pages 77 through 80, Wayne County Records, said line also being the East line of Gary Lane (variable width), thence N 00°13'38" E 85 00 feet along the East subdivision line, thence S 89°57'40" E 165 00 feet; and thence S 00°13'38" W 85 00 feet to the POINT OF BEGINNING Containing 0 32 acres of land, more or less Subject to any and all easements or rights of way of record, if any 33287 PARCEL 3 Part of the Southwest 1/4 of Section 4, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as Commencing at the South 1/4 corner of said Section 4, thence N 89°57'40" W 962 47 feet along the South line of said Section 4 said line also being the centerline of Seven Mile Road (120 feet wide), thence N 00°13'38" E 242 00 feet to the POINT OF BEGINNING, thence N 89°57'40" W 165 00 feet to a point on the Easterly line of BICENTENNIAL ESTATES SUBDIVISION, as recorded in Liber 99 of Plats, pages 77 through 80, Wayne County Records said line also being the East line of Gary Lane (variable width), thence N 00°13'38" E 88 00 feet along the East line of said subdivision, thence S 89°57'40" E 165 00 feet along the Southerly line of said BICENTENNIAL ESTATES SUBDIVISION, and thence S 00°13'38" W 80 00 feet to the POINT OF BEGINNING Containing 0 33 acres of land, more or less Subject to any and all easements or rights of way of record, if any as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, PROVIDED, HOWEVER, THAT UNTIL A VARIANCE IS GRANTED BY THE ZONING BOARD OF APPEALS AS TO EVERY NONCONFORMING,LOT RESULTING FROM SUCH SPLIT, NONE OF SAID LOTS MAY BE SOLD, LEASED OR TRANSFERRED A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Duggan and Brosnan NAYS Vandersloot, Walsh, Laura and Engebretson The President declared the resolution failed Carl Creighton, 36985 Margareta, Livonia, 48152, representing the petitioner, Adele Avolia, stated that he felt the Council was asking for unreasonable restrictions to be attached to the proposed lot split. On a motion by Engebretson, seconded by Laura, it was CR 717-01 RESOLVED, that having considered a communication from the City Assessor, dated October 15, 2001, approved for submission by the Mayor, with regard to a request from Charles Tangora, representing Adele Avolio, 34750 Seven Mile, 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 33288 approve of the proposed division of Tax Item No 46-015-99-0016-001 into three parcels, the legal descriptions of which shall read as follows. PARCEL 1 That part of the Southwest 1/4 of Section 4, T1S , R9E , City of Livonia, Wayne County, Michigan described as beginning at a point distant North 89°57'40" West, 962 47 feet and North 00°1338" East, 60 00 feet from the South 1/4 corner of Section 4 and proceeding North 89°57'40" West, 165 00 feet; thence North 00°13'38" East, 117 00 feet; thence South 89°57'40" East, 165 00 feet; thence South 00°13'38" West, 117 00 feet to the point of beginning Containing 0 443 acres PARCEL 2 Part of the southwest 1/4 of Section 4, T 1 S , R. 9 E., City of Livonia, Wayne County, Michigan, described as Commencing at the South 1/4 corner of said Section 4, thence N 89°57'40" W 962.47 feet along the South line of said Section 4 said line also being the centerline of Seven Mile Road (120 feet wide), thence N 00°13'38" E 157 00 feet to the POINT OF BEGINNING, thence N 89°57'40" W 165 00 feet to a point on the East line of BICENTENNIAL ESTATES SUBDIVISION, as recorded in Liber 99 of Plats, pages 77 through 80, Wayne County Records, said line also being the East line of Gary Lane (variable width); thence N 00°13'38" E. 85 00 feet along the East - r subdivision line, thence S 89°57'40" E 165 00 feet; and thence S 00°13'38" W 85 00 feet to the POINT OF BEGINNING Containing 0 32 acres of land, more or less Subject to any and all easements or rights of way of record, if any PARCEL 3 Part of the southwest 1/4 of Section 4, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as. Commencing at the South 1/4 corner of said Section 4, thence N 89°57'40" W 962 47 feet along the South line of said Section 4 said line also being the centerline of Seven Mile Road (120 feet wide), thence N 00°13'38" E. 242 00 feet to the POINT OF BEGINNING, thence N 89°57'40" W 165 00 feet to a point on the Easterly line of BICENTENNIAL ESTATES SUBDIVISION, as recorded in Liber 99 of Plats, pages 77 through 80, Wayne County Records said line also being the East line of Gary Lane (variable width), thence N 00°13'38" E 88 00 feet along the East line of said subdivision, thence S 89°57'40" E 165 00 feet along the Southerly line of said BICENTENNIAL ESTATES SUBDIVISION, and thence S 00°13'38" W 80 00 feet to the POINT OF BEGINNING Containing 0 33 acres of land, more or less Subject to any and all easements or rights of way of record, if any 33289 as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, PROVIDED, HOWEVER, THAT UNTIL A VARIANCE IS GRANTED BY THE ZONING BOARD OF APPEALS AS TO EVERY NONCONFORMING LOT RESULTING FROM SUCH SPLIT, NONE OF SAID LOTS MAY BE SOLD, LEASED OR TRANSFERRED A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Walsh, Laura and Engebretson NAYS Pastor, Duggan and Brosnan The President declared the resolution duly adopted Councilmember Duggan left the podium at 8 48 p m due to a conflict of interest. On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was CR 718-01 RESOLVED, that having considered a communication from the City Clerk, dated October 11„2001, which indicates that the proprietor of Wooded Creek Subdivision, situated in the Northwest 1/4 of Section 13, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval, and the Council having received a communication from the City Planning Commission, dated October 5, 2001, wherein said Commission approved the final plat for the said subdivision in its resolution 10-158-2001, adopted on October 2, 2001, the preliminary plat of which was approved by the Council in its resolution 835-00, adopted on November 8, 2000, said preliminary plat having been recommended for approval by the City Planning Commission on October 3, 2000 in its resolution 10-179-2000, NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Wooded Creek Subdivision, located in the northwest 1/4 of Section 13, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the Ordinances of the City of Livonia, and FURTHER, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution Councilmember Duggan returned to the podium at 8 49 p m 33290 A communication from Bryan L Amann, Brashear, Tangora, Gallagher, Creighton & Amann, LLP, dated October 9, 2001, re waiving the requirement of installing sidewalks in the proposed Rambling Acres Subdivision relative to the approval of the preliminary plat, was received and placed on file for the information of the Council (Petition 01-8-PL-02) On a motion by Walsh, seconded by Laura, and unanimously adopted, it was CR 719-01 RESOLVED, that having considered a communication from the City Planning Commission, dated October 5, 2001, which transmits its resolution 10-154-2001, adopted on October 2, 2001, with regard to the proposed preliminary plat of Rambling Acres Subdivision to be located on the west side of Farmington Road between Plymouth Road and Hathaway Avenue in the Northeast 1/4 of Section 33, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on October 2, 2001, the Council does hereby approve of the said preliminary plat based upon the same conditions as those set forth in the aforesaid Plpnning Commission action and subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and sppcifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was. CR 720-01 RESOLVED, that having considered a communication of the City Planning Commission, dated January 14, 1999, which transmits its resolution 1-13-1999, adopted on January 12, 1999, with regard to Petition 99-1-8-1, submitted by Frank and Rosalie Tislerics requesting approval of the Master Deed, bylaws and site plan, in connection with a proposal to construct the Rambling Acres Site condominiums on property located at 9655 Farmington Road in the Northeast 1/4 of Section 33, the Council does hereby determine to take no further action with regard to this matter based upon the fact that petitioners have withdrawn their petition by letter dated October 9, 2001 At the direction of the chair, Agenda Item 31 was moved to the next Regular Meeting of the Council to be held on November 21, 2001 because of the absence of the petitioner 33291 Councilmember Duggan left the podium at 8 52 p m due to a conflict of interest. A letter from Riley Saylor, 33604 Trillium Ct., Livonia, 48150, representative for the homeowners for Lakeside Estates I, dated November 7, 2001 re a rendering of an entrance marker, and a request for an identical entry sign as Lakeside Estates II, was received and placed on file for the information of the Council On a motion by Engebretson, seconded by Vandersloot, and unanimously adopted, it was CR 721-01 RESOLVED, that having considered a communication from the City Planning Commission, dated October 5, 2001, which transmits its resolution 10-155-2001 adopted on October 2, 2001, with regard to Petition 00-5-8-7 in connection with Lakeside Estates Site Condominium, requesting approval for an entrance marker and landscaping for the site condominium development located at 34200 Ann Arbor Trail in the Southeast 1/4 of Section 33, the Council does hereby concur in the recommendation of the Planning Commission and the entrance marker and landscaping in connection with Petition 00-5-8-7 is hereby approved and granted, subject to the following conditions 1 That the Landscape Plan,rnarked Sheet 1 dated 8/20/01 prepared by Arpee/Donnan, 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 Entrance Marker shown on the approved Landscape Plan is hereby approved and shall be adhered to, or that petitioners should be permitted to use the materials as presented in the letter dated November 7, 2001 from Riley Saylor 5 That the Entrance Marker shall not exceed 20 sq ft. in sign area or 5 ft. in height; 33292 6 That the brick used in the construction of the Entrance Marker shall be full face 4-inch brick, no exceptions, and 7 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 Councilmember Duggan returned to the podium at 8 57 p m A communication from the Department or Law, dated November 2, 2001, re history of payment of fees by Adelphia Business Solutions Operations, Inc. to other municipalities relative to a Telecommunications Permit Application request to the City of Livonia by Adelphia, was received and placed on file for the information of the Council (CR 619-01) A communication from the Engineering Division, dated November 5, 2001, to which is attached a map from Mike Sexton re a Telecommunications Permit Application from Adelphia Business Solutions Operations, Inc , was received and placed on file for the information of the Council (CR 619-01) Mike Sexton, 21355 Melrose, Livonia, r9presenting Adelphia Business Solutions Operations, Inc., spoke to the Council regarding the re-routing of fiber optic lines along the CSX railroad tracks not being allowed, unless they are a long distance away On a motion by Duggan, seconded by Laura, it was RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated September 21, 2001, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by Adelphia Business Solutions Operations, Inc. (ABSO), requesting approval for access to and ongoing use of the public rights-of-way within the City for a proposed telecommunications system utilizing approximately six miles of public rights-of-way, as more particularly described in the attachment to the Permit Application, and the Council having conducted a public hearing with regard to this matter on Monday, October 29, 2001, pursuant to Council Resolution 619-01, the Council does hereby deny said application for a Telecommunications Permit to Adelphia Business Solutions Operations, Inc. (ABSO) due to the failure of the applicant to follow the 33293 requirements of the Telecommunications Ordinance, being Sections 12 06 010 through 12 06 170 A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan and Brosnan NAYS Vandersloot, Walsh, Pastor, Laura and Engebretson The President declared the resolution failed On a motion by Walsh, seconded by Vandersloot, it was CR 722-01 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated September 21, 2001, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by Adelphia Business Solutions Operations, Inc (ABSO), requesting approval for access to and ongoing use of the public rights-of-way within the City for a proposed telecommunications system utilizing approximately six miles of public rights-of-way, as more particularly described in the attachment to the Permit Application, and the Council having conducted a public hearing with regard to this matter on Monday, October 29, 2001, pursuant to Council Resolution 619-01, the Council does hereby approve said application and does hereby grant a Telecommunications Permit to Adelphia Business Solutions Operations, Inc. (ABSO) subject to the following conditions 1 That within seven (7) days of completion of construction, permittee shall notify the City Engineer of such completion Permittee shall also provide "as-built" maps and a digital Geographic Information System (GIS) layer in Autocad Format 14 to be compatible with the City's GIS system within thirty (30) days of the completion of permittee's telecommunications system in the City 2 That appropriate construction bonds in amounts established by the City Engineer shall be posted prior to issuance of a construction permit. 3 That permittee shall pay the annual fees set forth in Council Resolution 172-01 for use of the public rights-of-way within six (6) months from the effective date of this resolution, or upon submission of the as-built drawings, whichever occurs first. 33294 and the Mayor and City Clerk are hereby authorized to affix their signatures to the Telecommunications Permit to be issued by the City to Adelphia Business Solutions Operations, Inc A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Walsh, Pastor, Laura and Engebretson NAYS Duggan and Brosnan The President declared the resolution duly adopted On a motion by Pastor, seconded by Duggan, and unanimously adopted, it was CR 723-01 RESOLVED, that having considered a letter from Julie Culp, Franklin High School Patriots Booster Club, dated October 10, 2001, requesting permission to place 24" x 22" lawn-type signs advertising fall and spring craft shows to be conducted on Saturday, November 17, 2001, and Saturday, March 16, 2002, and which signs would be installed at all major intersections of the City on Saturday, November 10, 2001 for the fall show and Saturday, March 9, 2002, 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 A communication from Julie Culp, Franklin Patriots Booster Club, dated October 10, 2001, re placement of signs advertising a fall and spring craft show to be held on November 17, 2001 and March 16, 2002, respectively, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Pastor, it was CR 724-01 RESOLVED, that having considered a communication from the Department of Law, dated October 25, 2001, approved for submission by the Mayor, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held on Tuesday, November 13, 2001 at 7 00 p m for the purpose of discussing pending litigation and attorney/client privileged communications with respect to Houghton v City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: 33295 AYES Vandersloot, Walsh, Pastor, Duggan, Laura, Engebretson and Brosnan NAYS None The President declared the resolution duly adopted On a motion by Laura, seconded by Pastor, and unanimously adopted, this 1,452"d Regular Meeting of the Council of the City of Livonia was adjourned at 9 07 p m , November 7, 2001 Jo n McCotter, City Clerk `