Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 2001-09-26 33193 MINUTES OF THE ONE THOUSAND FOUR HUNDRED FORTY-NINTH REGULAR MEETING OF SEPTEMBER 26, 2001 On September 26, 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 Duggan delivered the invocation Roll was called with the following result: Brian Duggan, Joe Laura, Jack Engebretson, John Walsh, John Pastor and Maureen Miller Brosnan Absent: Val I Vandersloot— out of town Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Robert Beckley, Director of Public Works, Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Alan Brandemihl, Fire Chief; James Corcoran, Fire Marshal, David Woodcox, Director of Building Imp Inspection, Robert Stevenson, Deputy Chief of Police, Alden Sawyer, Director of Emergency Preparedness, Mary Rutan, Human Resources Director; and Ron Reinke, Superintendent of Parks and Recreation On a motion by Duggan, seconded by Laura, it was CR 593-01 RESOLVED, that the minutes of the 1,448th Regular Meeting of the Council held September 5, 2001 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Laura, Engebretson, Walsh and Pastor NAYS None PRESENT Brosnan During the audience communication portion of the agenda, Mayor Kirksey spoke concerning Emergency Preparedness in the City of Livonia at this time of national awareness An Emergency Response Network has been organized, and a presentation of this program was given by Deputy Police Chief Robert Stevenson, Fire Chief Alan Brandemihl, Director of Public Works Robert Beckley, and Alden Sawyer, Director of Emergency Preparedness Additional comments regarding security measures in the City were also discussed 33194 George Boller, 36270 Hammer, Livonia, 48152, spoke regarding security measures in the City of Livonia, and inquired as to what preventative measures are being taken City- wide — all that is being talked about is the "response" to emergencies Lisa Schmidt, 16734 Stanmoor, Livonia, 48154 spoke regarding a request from St. Edith Catholic School to place signs at referenced locations advertising their Mom-to-Mom Sale to be held on Saturday, October 13, 2001 On a motion by Pastor, seconded by Engebretson, and unanimously adopted, it was CR 594-01 RESOLVED, that having considered a letter from Lisa Schmidt, 16734 Stanmoor, Livonia, 48154, received September 25, 2001, wherein a request is submitted to place 23" x 14" signs advertising a Mom- to-Mom Sale at St. Edith's Catholic Church to be conducted on Saturday October 13, 2001 from 9 00 a m to 12 00 p m , which signs will be placed on Sunday, October 7, 2001 and removed on the evening of Saturday, October 13, 2001, at the following locations NE corner of Newburgh and Schoolcraft SE corner of Five Mile and Newburgh SW corner of Six Mile and Newburgh the Council does hereby concur in and approve of this request in the manner and form herein submitted, such signs to be located on the rights- of-way as close as possible to the sidewalk. At the direction of the Chair, Agenda Item #6 was removed from the Consent portion of the Agenda and was later placed on the Agenda for the Regular Meeting of October 10, 2001 On a motion by Pastor, seconded by Duggan, it was CR 595-01 RESOLVED, that having considered a letter from the Coordinator of Special Projects - Development of the Schoolcraft College Foundation, dated August 20, 2001, wherein a request is submitted to place 22" x 14" signs advertising a fall craft show to be conducted on Saturday and Sunday, November 10 and 11, 2001, at Schoolcraft College, the purpose of which is to raise funds for student scholarships, which signs are to be installed no earlier than Monday, November 5, 2001, and removed no later than Monday, November 12, 2001, at the locations listed in the aforesaid letter One sign Laurel Park Drive and Six Mile Road 33195 Two signs Five Mile and Newburgh Five Mile and Farmington Five Mile and Merriman Five Mile and Levan Six Mile and Newburgh Six Mile and Farmington Six Mile and Merriman Six Mile and Haggerty Seven Mile and Farmington Seven Mile and Newburgh Seven Mile and Merriman Seven Mile and Haggerty Plymouth Road and Newburgh Plymouth Road and Stark Plymouth Road and Farmington Plymouth Road and Merriman the Council does hereby concur in and approve of this request in the manner and form herein submitted, such signs to be located on the right- of-way as close as possible to the sidewalk. CR 596-01 RESOLVED, that having considered a letter from Nancy Borys, 14253 Susanna, Livonia, Michigan 48154, dated August 16, 2001, requesting that the City mail out the May through September water bills to residents on a monthly or bi-monthly basis, the Council does hereby refer this item to the Water and Sewer Board for its report and recommendation CR 597-01 RESOLVED, that having considered a letter from Nancy Borys, 14253 Susanna, Livonia, Michigan 48154, dated August 16, 2001, requesting that the City mail out the May through September water bills to residents on a monthly or bi-monthly basis, the Council does hereby refer this item to the Mayor for his report and recommendation CR 598-01 RESOLVED, that having considered a letter from Nancy Borys, 14253 Susanna, Livonia, Michigan 48154, dated August 16, 2001, requesting that the City mail out the May through September water bills to residents on a monthly or bi-monthly basis, the Council does hereby refer this item to the Finance Director for his report and recommendation CR 599-01 RESOLVED, that having considered a letter from the National League of Cities, dated August 17, 2001, with regard to the Annual Business Meeting at the Congress of Cities to be held in Atlanta, Georgia, December 4-8, 2001, the Council does hereby designate Councilmember Joe Laura as the Official Representative and Voting Delegate of the City of Livonia at the Annual Meeting and does further delegate Councilmember Brian Duggan as the alternate, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution The 2000 Annual Report from Time Warner Cable of Livonia, received on August 28, 2001, was received and placed on file for the information of the Council 33196 CR 600-01 RESOLVED, that having considered a communication from the Director of Community Resources, dated August 29, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a proposed agreement between the City of Livonia and the Wayne County Office of Nutrition Services for the distribution of U S D.A. TEFAP commodities to low income residents through September 30, 2002, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said Agreement in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution CR 601-01 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated August 28, 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 one 2001 Ford Crown Victoria Patrol Car Sedan for the Police Department from Signature Ford, 3942 W Lansing Road, Perry, Michigan 48872, in the amount of $20,949 30, the same to be appropriated and expended from the Patrol Bureau Capital Outlay Vehicle Account 101- 325-985-000, 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 low CR 602-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated August 29, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the reconstruction of Levan Road from the CSX Railroad north to the Schoolcraft Service Drive, the Council does hereby accept the unit price bid of Six-S, Inc., 2210 Scott Lake Road, Waterford, Michigan 48328, for completing all work required in connection with the Levan Road Reconstruction (Contract 01-M), for the estimated total cost of $366,735 00, based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize an additional appropriation and expenditure in the amount of $366,735 00 from the Unexpended Fund Balance of the Major Road Account of the Michigan Transportation Fund for this purpose, and the City Engineer 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 33197 and to do all other things necessary or incidental to the full performance of this resolution CR 603-01 RESOLVED, that SJL Development, L L.0 , 20025 Shadyside, Livonia, Michigan 48152, as proprietor, having requested the City Council approve the Master Deed of the Deerwoods Site Condominium Development located on the north side of Five Mile Road between Fairlane Drive and Ellen Drive in the Southwest 1/4 of Section 16 of the City of Livonia (hereafter the "Condominium"), and it further appearing that approval of the site plan for the Condominium was given by the City Planning Commission on March 20, 2001, and by the City Council on June 4, 2001, and it further appearing that such site plan, together with Development Plans and specifications for improvements have been examined and approved by the Engineering Division as set forth in the report of that Department, dated August 23, 2001, therefore, the City Council does hereby determine to approve of the said Master Deed on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including Sections 18 62 and 18 63 of Ordinance No 543, as amended, and the provisions referenced therein, and the regulations and specifications of the Engineering Division and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval granted by the City shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said ordinance provisions, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Division and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in such ordinance provisions, (4) That the proprietor shall enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved Development Plans, 33198 (5) That the Master Deed complies with the requirements of the Subdivision Control Ordinance, Title 16, Chapters 16 04-16.24 of the Livonia Code of Ordinances, and Article XX of Ordinance No 543, as amended, being Sections 20 01-20 06 of the Ordinance, except the following shall be incorporated (a) That the first floor and chimney of each condominium unit shall be brick on all four sides, and the total amount of brick on each unit shall be not less than 70% on two-story and not less than 90% on one-story dwellings (b) That the brick used in the construction of each condominium unit shall be full-face four inch (4") brick, no exceptions (c) That the Condominium Association shall reimburse the City of Livonia for any maintenance or repair costs for the stormwater detention/retention and outlet facilities, and that the City of Livonia shall have the right to impose liens on each homeowners' property and real estate bills in the event the said charges are not paid by the Condominium Association within 30 days of billing by the City of Livonia (6) That as a condition of obtaining necessary engineering permits prior to commencing the required improvements, the proprietor shall file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period in the following amounts (a) General Improvement Bond $56,000 00, of which at least $ 5,000 00 shall be in cash (b) Grade &Soil Erosion Control $ 3,000 00 (all cash) (c) Landscaping/Entrance Markers $ 4,000 00, of which at least $ 1,500 00 shall be in cash and require cash payments in addition to the above amounts, in the total amount of $2,940 00 (7) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the Condominium in accordance with City ordinances (8) That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by 33199 the City Engineer pursuant to Article XVIII of Ordinance No 543, Section 18 66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development. imp A communication from the Department of Law, dated August 17, 2001, - Administrative Response - re forwarding the opinion of the Michigan Attorney General with respect to persons who may be eligible to serve on a City Charter Revision Commission, was received and placed on file for the information of the Council (CR 239-01) A roll call vote was taken on the foregoing resolutions with the following result: AYES Duggan, Laura, Engebretson, Walsh, Pastor and Brosnan NAYS None On a motion by Duggan, seconded by Engebretson, it was RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 11, 2001, and the report and recommendation of the Deputy Chief of Police, dated September 7, 2001, in connection with the request from James Warfield to transfer ownership of a 2001 Class C licensed business from Jonathon B Pub, 29568 W Seven Mile Road, the Council does hereby refer this subject matter to the Committee of the Whole for its report and recommendation Councilmember Duggan withdrew his motion and Councilmember Laura withdrew his support from the foregoing resolution At the direction of the Chair, this matter, Agenda Item #6, was moved to the Regular Meeting of October 10, 2001 A communication from the Office of the Treasurer, dated September 24, 2001, re delinquent personal property taxes owed to the City of Livonia by Jonathon B Pub, 29568 Seven Mile Road, Livonia, 48152, relative to a transfer of a 2001 Class C Licensed Business, was received and placed on file for the information of the Council air 33200 A communication from the Office of the Treasurer, dated September 26, 2001, re request for a transfer of a 2001 Class C Licensed Business by James Warfield, and his being unaware of the delinquent property taxes owed to the City of Livonia from Jonathon B Pub located at 29568 Seven Mile Road, Livonia, 48152, was received and placed on file for the information of the Council David Warfield, 12814 Sycamore, Southgate, 48195, representing the petitioner, James Warfield, was present at the meeting to answer questions of the Council A communication from the Department of Law, dated August 24, 2001, re The Board of Ethics and its Annual Report, was received and placed on file for the information of the Council (CR 150-98) (CR 141-00) On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was CR 604-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 28, 2001, submitted pursuant to Council Resolution 150-98, and a communication from the Department of Law, dated August 24, 2001, and approved for submission by the Mayor, with regard to the subject of an ordinance amendment for the selection process of Board of Ethics Members, the Council does hereby determine to take no further action with respect to this matter A communication from the Department of Law, dated May 12, 1999, re a survey of neighboring communities on how they address the matter of payment for appraisals of municipally-owned property, was received and placed on file for the information of the Council (CR 878-98) (CR 303-99) A communication from the Department of Law, dated August 16, 2001, re a map and inventory of City-owned land that was prepared by the Planning Department 33201 in March, 2001, was received and placed on file for the information of the Council (CR 878-98) (CR 304-99) On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was CR 605-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 28, 2001, submitted pursuant to Council Resolution 878-98 and a communication from the Department of Law, dated August 16, 2001, and approved for submission by the Mayor, with regard to the subject of the formation of a City policy of payment for appraisals relative to the sale of City-owned property, the Council does hereby determine to take no further action with respect to this matter On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was CR 606-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 28, 2001, submitted pursuant to Council Resolution 878-98 and a communication from the Department of Law, dated August 16, 2001, and approved for submission by the Mayor, with regard to the subject of the formation of a City policy of payment for appraisals relative to the sale of City-owned property, the Council does hereby refer the subject of developing a list of approved appraisal professionals and/or a list of qualifications for appraisal professionals to the Department of Law for its report and recommendation On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was CR 607-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 28, 2001, submitted pursuant to Council Resolution 227-99, with regard to the issue of City planning and amending the Zoning Ordinance to account for odd- shaped lots in reference to the Culver Custom Homes project, the Council does hereby refer this item to the Planning Commission to set a public hearing with regard to the question of whether amendments should be made to Article XX, Section 20 02a of Zoning Ordinance No 543, as amended, to establish guidelines and standards that would enable the 33202 111. Planning Commission and Council to consider the impacts of single family cluster developments on the future development of adjacent properties On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was CR 608-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 28, 2001, submitted pursuant to Council Resolution 227-99, with regard to the issue of City planning and amending the Zoning Ordinance to account for odd- shaped lots in reference to the Culver Custom Homes project, the Council does hereby refer this item to the Planning Commission to set a public hearing with regard to the question of whether amendments should be made to Article XX, Section 20 02a of Zoning Ordinance No 543, as amended, to reduce the density computations that govern single family cluster developments to be more consistent with that of conventional single family subdivisions A communication from George Roumell, Jr , dated August 21, 2001, re proposed amendment to the Retirement Plan Ordinance, and no objections to the amendment having been voiced by various City unions, was received and placed on file for the information of the Council (CR 266-99) (CR 267-99) (CR 744-99) Councilmember Walsh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 160 AND 290 AND ADDING SECTION 175 TO TITLE 2, CHAPTER 96 (RETIREMENT PLAN) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Walsh gave first reading to the following Ordinance AN ORDINANCE ADDING SECTION 085 TO TITLE 2, CHAPTER 97 (DEFINED CONTRIBUTION RETIREMENT 33203 PLAN) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 A communication from the Department of Law, dated August 24, 2001, re a proposed ordinance amendment similar to one adopted by the City of Ann Arbor which bans the use and distribution of mercury thermometers, was received and placed on file for the information of the Council (CR 898-00) (CR 899-00) (CR 900-00) Councilmember Walsh gave first reading to the following Ordinance AN ORDINANCE ADDING CHAPTER 60 (MERCURY THERMOMETERS) TO TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 A communication from the Engineering Division, dated March 26, 2001, re drainage issues relative to rezoning of property located on the north side of Five Mile Road between Foch Avenue and Green Lane (27480 and 27486 Five Mile Road) by Joseph Trupiano on behalf of the Marney Group, was received and placed on file for the information of the Council (Petition 00-6-1-13) (CR 887-00) Councilmember Walsh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITYOF LIVONIA ZONING 33204 ORDINANCE' BY ADDING SECTION 3 THERETO (Petition 00-6-1-13) 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 Engebretson gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITYOF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 01-1-1-1) 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 Walsh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITYOF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 01-4-1-4) 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 gave first reading to the following Ordinance 33205 AN ORDINANCE AMENDING SECTIONS 020, 030, 100 AND 120 AND REPEALING SECTIONS 040,050, 060, 070, 080, AND 085 OF TITLE 15, CHAPTER 16 (FIRE PREVENTION CODE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 gave first reading to the following Ordinance AN ORDINANCE ADDING CHAPTER 06 (COST RECOVERY) TO TITLE 3 AND REPEALING SECTION 170 OF TITLE 15, CHAPTER 16 (FIRE PREVENTION CODE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 A communication from the Police Department, dated September 25, 2001, re history of incidents occurring within the center 1/4 mile of Section 14 from September 18, 1999 through September 17, 2001, relative to a proposed lot split request by Therese McBride for property located at 30414 Wentworth, Livonia, 48154 On a motion by Duggan, seconded by Walsh, it was CR 609-01 RESOLVED, that having considered a communication from the City Assessor, dated August 17, 2001, approved for submission by the Mayor, with regard to a request from Therese McBride, 30414 Wentworth, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing Tax Item No 46-055-01-0080-000 into two parcels since the same would be in violation of the City's Zoning Ordinance and law, as well 33206 as for the reason that the proposed lot split would not be consistent with good planning and zoning practice A roll call vote was taken on the foregoing resolution with the following result. AYES Duggan, Laura, Walsh, Pastor and Brosnan NAYS Engebretson The President declared the resolution duly adopted Therese McBride, 30414 Wentworth, Livonia, 48154, was present at the meeting, and spoke in favor of the proposed lot split. On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was. CR 610-01 RESOLVED, that having considered a communication from the City Assessor, dated August 17, 2001, approved for submission by the Mayor, with regard to a request from Earl and Mabel Cox, 32650 Pembroke, 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 46 010 01 0072 000 into two parcels, the legal descriptions of which shall read as follows PARCEL A Lot 72 except the West 149 00 feet of "Folker's Farmington Acres" being a subdivision of part of the NW 1/4 of Section 3, T 1S , R. 9E , Livonia Twp , Wayne Co , Michigan Liber 61, page 90 Containing 0 72 acres. Subject to easements of record PARCEL B The West 149 00 feet of Lot 72 of "Folker's Farmington Acres" being a subdivision of part of the NW '/4 of Section 3, T 1S , R. 9E , Livonia Twp , Wayne Co , Michigan Liber 61, page 90 Containing 0 37 acres. Subject to easements 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 33207 Mabel Cox, 32650 Pembroke, Livonia, 48152 was present at the meeting to answer questions of the Council Councilmember Pastor left the podium at 9.25 p m due to a potential conflict of interest. A communication from the Inspection Department, dated September 21, 2001, re update on the condition of a 7-Eleven Store located at 27435 Seven Mile Road, was received and placed on file for the information of the Council A communication from 7-Eleven, Inc., dated September 20, 2001, re update on the progress of the violations issued by the Livonia Inspection Department against the property located at 27435 Seven Mile Road, Livonia, was received and placed on file for the information of the Council A communication from 7-Eleven, Inc., dated September 26, 2001, re adding Chemere Obioha as a co-licensee on the SDM license for the 7-Eleven Store located at 27435 Seven Mile Road, was received and placed on file for the information of the Council On a motion by Walsh, seconded by Engebretson, and unanimously adopted, it was. CR611-01 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 9, 2001, and the report and recommendation of the Chief of Police, dated August 16, 2001, in connection therewith, the Council does hereby recommend approval of the request from 7-Eleven, Inc to add Chimere Obioha as co-licensee on a 2001 SDM Licensed Business located at 27435 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 Frank Molinaro, attorney for 7-Eleven, Inc., and two other unknown persons, spoke to the Council regarding the request to add Chimere Obioha as co-licensee on a 2001 SDM licensed business located at 27435 Seven Mile Road, Livonia, Michigan EN. 33208 Councilmember Pastor returned to the podium at 9 33 p m A communication from Samir W Mashni, attorney for Jihad Mohamed Haidar, re explanation of circumstances surrounding Mr Haidar's previous court cases relative to a request for a new SDM license for Aroma Stop, 34731 Plymouth Road, Livonia, 48150, was received and placed on file for the information of the Council On a motion by Engebretson, seconded by Laura, it was RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 7, 2001, and a report and recommendation of the Chief of Police, dated August 20, 2001, in connection therewith, approved for submission by the Mayor, regarding a request from Aroma Stop, Inc. for a new SDM license to be located at 34731 Plymouth Road, Livonia, Michigan 48150, Wayne County, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation Councilmember Laura withdrew his support on the foregoing resolution Councilmember Engebretson then withdrew his motion on the foregoing It was then decided that this issue would be moved to the next Regular Meeting of October 10, 2001 Samir Mashni spoke to the Council regarding the SDM license request for Aroma Stop, Inc , 34731 Plymouth Road, Livonia, 48150 Councilmember Duggan left the podium at 9 45 p m due to a conflict of interest. On a motion by Pastor, seconded by Laura, and unanimously adopted, it was CR 612-01 RESOLVED, that Leo Soave Building Company, 34822 Pembroke, Livonia, as proprietor, having requested the City Council to approve the proposed preliminary plat of the following subdivision Kenwood Meadows Subdivision No 2 to be located on the south side of Five Mile Road between Cavell and Santa Anita Avenues in the Northeast 1/4 of Section 24, City of Livonia, Wayne County, Michigan, the said proposed preliminary plat being dated March 7, 2001, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on January 30, 2001, and it further appearing that such preliminary plat, together with development plans and specifications for improvements 33209 therein have been examined and approved by the Engineering Division as is set forth in the report of that department dated August 24, 2001, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvement, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16.24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Engineering Division and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, air (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Division, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16.24 370 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed 33210 L subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts a) General Improvement Bond $166,000 00, of which at least$10,000 00 shall be in cash (b) Sidewalk Bond $ 15,500 00, of which at least$5,000 00 shall be in cash (c) Grade&Soil Erosion Control $ 1,800 00 (all cash) L (d) Monuments and Lot Markers $ 470 00 (ail cash) and require cash payments in addition to the above amounts, in the total amount of$18,265 00 (8) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the Subdivision in accordance with City ordinances A communication from Ralph Rabinovitch, M D , 32325 W Seven Mile Road, Livonia, 48152, re his support of a rezoning petition submitted by Michael Soave for property located on the south side of Seven Mile Road, east of Brookfield, was received and placed on file for the information of the Council (Petition 01-4-1-5) A revised Site Plan, dated September 19, 2001, re rezoning petition submitted by Michael Soave for property located on the south side of Seven Mile Road, east of Brookfield Avenue, was received and placed on file for the information of the Council (Petition 01-4-1-5) 33211 On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was. CR 613-01 RESOLVED, that having considered a communication from the City Planning Commission, dated June 15, 2001, which sets forth its resolution 6-90-2001 adopted on June 12, 2001, with regard to Petition 01-4-1-5, submitted by Michael L Soave for a change of zoning of property located on the south side of Seven Mile Road, east of Brookfield Avenue in the Northwest 1/4 of Section 10, from RUFC to R-3, and the Council having conducted a public hearing with regard to this matter on September 12, 2001, pursuant to Council Resolution 437-01, the Council does hereby approve Petition 01-4-1-5 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution Councilmember Duggan returned to the podium at 9 50 p m On a motion by Pastor, seconded by Duggan, and unanimously adopted, it was CR 614-01 RESOLVED, that having considered a communication from the City Planning Commission, dated July 13, 2001, which sets forth its resolution 7-103-2001, adopted on July 10, 2001, with regard to Petition 01-3-2-5 submitted by Haggerty Road Investments requesting waiver use approval to operate a full service restaurant on property located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road in the Northwest 1/4 of Section 6, which property is zoned OS, and the Council having conducted a public hearing with regard to this matter on September 12, 2001, pursuant to Council Resolution 519-01, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Pastor, seconded by Duggan, and unanimously adopted, it was CR 615-01 RESOLVED, the Council does hereby amend Council Resolution 515-01 to read as follows 33212 RESOLVED, that having considered a communication from the City Planning Commission, dated July 25, 2001, which transmits its resolution 7-115-2001 adopted on July 24, 2001, with regard to Petition 01-6-8-20 submitted by Bill Brown Ford, requesting site plan approval in connection with a proposal to construct an addition to the existing auto dealership located on the north side of Plymouth Road, east of Sears Avenue (30400 Plymouth Road), in the Southwest 1/4 of Section 26, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 01-6-8-20 is hereby approved and granted, subject to the following conditions. 1 That the Site Plan marked Sheet 1 dated June 21, 2001, as revised, prepared by Michael L. Priest & Associates, is hereby approved and shall be adhered to, 2. That the Exterior Building Elevation Plan marked Sheet A-2 dated July 26, 2001, as revised, prepared by GAV Associates, is hereby approved and shall be adhered to, except for the fact that the architectural look and building materials of the south elevation of the addition shall match the appearance of the south elevation of the existing building (i e , stone) and that no portion of the exterior of the south elevation shall consist of masonry block, 3 That the petitioner shall correct to the Fire Department's satisfaction the following as outlined in the correspondence dated July 19, 2001 a That an on-site hydrant shall be located between 50 ft. ft. from the Fire Department connection, b That adequate hydrants shall be provided and located with spacing consistent with commercial areas, c. That the most remote hydrant shall flow 1500 GPM with a residual pressure of 20 PSI, d That access around the buildings shall be provided for emergency vehicles with turning radius up to 45 ft. wall-to-wall and a minimum vertical clearance of 13 1/2 ft., 4 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 33213 5 That stop signs shall be installed at each exit onto Plymouth Road, 6 That the barbed wire on the fence shall be removed, and 7 That the entire parking lot shall be repaired, resealed and double- striped On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was. CR 616-01 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda. A communication from the Department of Public Works, dated September 20, 2001, re the Design Development Approval of Architectural Plans for the Livonia Community Center, was received and placed on file for the information of the Council (CR 402-96) A booklet prepared by Nuemann/Smith & Associates and Barker, Rinker, Seacat Architecture, dated September 20, 2001, re the Design Development Presentation for the Livonia Community Recreation Center, was received and placed on file for the information of the Council (CR 402-96) A communication from Michael Fisher, Assistant City Attorney of the City of Livonia, dated September 25, 2001, re height limits on the Livonia Community Recreation Center, was received and placed on file for the information of the Council On a motion by Engebretson, seconded by Duggan, and unanimously adopted, it was 33214 CR 617-01 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 20, 2001, submitted pursuant to Council Resolution 402- 96, and a communication from the Department of Public Works, dated September 20, 2001, and approved for submission by the Mayor, the Council does hereby approve the Design Development Plans, dated September 20, 2001, submitted by Neumann/Smith & Associates and Barker, Rinker, Seacat Architecture with respect to the Livonia Community Recreation Center On a motion by Engebretson, seconded by Duggan, and unanimously adopted, it was CR 618-01 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 20, 2001, submitted pursuant to Council Resolution 402- 96, and a communication from the Department of Public Works, dated September 20, 2001, and approved for submission by the Mayor, the Council does hereby approve the proposed materials and finishes for use at the Livonia Community Recreation Center as submitted by Neumann/Smith &Associates and Barker, Rinker, Seacat Architecture on September 20, 2001 On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 619-01 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, the Council does hereby designate Monday, October 29, 2001, at 7 00 p m as the date and time for conducting a public hearing with regard to whether or not to approve such Permit Application, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Section 12 06 050G of the Livonia Code of Ordinances, as amended o„r 33215 During the audience communication portion of the agenda, Richard Lorenzetti, 32425 Seven Mile Road, Livonia, 48152 voiced his concerns about sewer being built across a nature preserve relative to a rezoning petition submitted by Michael Soave (Petition 01-4-1-5) Council President Brosnan stated that a public hearing would be held on Monday, October 8, 2001 at TOO p m relative to the Annual Budget for the City of Livonia for the fiscal year ending November 30, 2002, and invited residents to attend She also announced that a book sale will be held on October 5-7, 2001 by the Friends of the Library On a motion by Duggan, seconded by Pastor, and unanimously adopted, this 1,449th Regular Meeting of the Council of the City of Livonia was adjourned at 10 05 p m , September 26, 2001 J&? McCotter, City Clerk