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HomeMy WebLinkAboutCOUNCIL MINUTES 2001-08-27 33158 MINUTES OF THE ONE THOUSAND FOUR HUNDRED FORTY-SEVENTH REGULAR MEETING OF AUGUST 27, 2001 On August 27, 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 Walsh delivered the invocation Roll was called with the following result: John Walsh, John Pastor, Brian Duggan, Jack Engebretson, Val I Vandersloot, and Maureen Miller Brosnan Absent: Joe Laura — military duty Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Robert Beckley, Director of Public Works, Jim Zoumbaris, Superintendent of Public Service, Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Dave Woodcox, Director of Building Inspection, Karen Tesner, Assistant City Clerk, Karen Szymula, Director of Legislative Affairs, and Ian Wilshaw, Traffic Commission On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 552-01 RESOLVED, that the minutes of the 1,446th Regular Meeting of the Council held August 13, 2001 are hereby approved as submitted During the audience communication portion of the agenda, Michael Vinarcik, 20032 Weyher, Livonia, 48152, spoke about his concerns regarding the lack of digital infrastructure in Livonia, specifically, the high price of internet access through cable TV and the lack of competition for this market in the City He also gave his perspective regarding the fingerprinting process involved with obtaining a concealed weapons permit, and some suggestions on how to obtain increased revenue from this process for the Police Department. At the direction of the Chair, Agenda Item #7 was removed from the Consent Agenda and placed on the Regular Agenda On a motion by Pastor, seconded by Vandersloot, it was 33159 CR 553-01 RESOLVED, that having considered an application from Judith Folk, 14035 Cranston, dated August 3, 2001, requesting permission to close Cranston between Scone and Perth on Saturday, September 8, 2001, from 2 00 p m to 8 30 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 9, 2001, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 554-01 RESOLVED, that having considered an application from Marc Hage, 34514 Woodvale Drive, dated August 6, 2001, requesting permission to close Oakhill Street between Woodvale and Oakhill Court on Saturday, September 8, 2001, from 3 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 9, 2001, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 555-01 RESOLVED, that having considered an application from Karen Schiffman, 15483 Huff, dated August 10, 2001, requesting permission to close Huff between Five Mile Road and Lancaster on Saturday, September 8, 2001, from 3 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 9, 2001, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 556-01 RESOLVED, that having considered an application from Liz Ferries, 32901 Bennett Court, dated August 9, 2001, requesting permission to close a portion of Bell Creek and Northgate between 17812 Bell Creek and 32969 Northgate on Saturday, September 8, 2001 from 3 00 p m to 9 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 9, 2001, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 557-01 RESOLVED, that having considered an application from Mary Kalasz-Ennis, 14163 Ingram, dated August 11, 2001, requesting permission to close Ingram between Perth and the north end of Berwick on Saturday, September 8, 2001, from 12 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 9, 2001, in the event of inclement weather, 33160 the action taken herein being made subject to the approval of the Police Department. CR 558-01 RESOLVED, that having considered a letter from the Gerald L. Grusendorf, Show Chairman of the Livonia Woodcarvers Club, dated August 8, 2001, in connection with the 27th Annual Woodcarving Show to be conducted at Livonia Community Center on October 13 and 14, 2001, and which requests permission to display temporary advertising signs from October 6 through October 14, 2001, which signs will be 14" x 22" in size and be displayed in the following locations 1 Inkster Road and Eight Mile Road, S W corner 2 Inkster Road on Grand River Blvd, W side 3 Inkster Road and Long, S W corner 4 Inkster Road and Seven Mile Road, N W corner 5 Inkster Road and Six Mile Road, N W corner 6 Inkster Road and Five Mile Road, N W corner 7 Inkster Road and Schoolcraft, N W corner 8 Inkster Road and Schoolcraft, S W corner 9 Inkster Road and Plymouth, S W corner 10 Inkster Road and West Chicago Island 11 Inkster Road and Joy Road, N W corner 12 Joy Road and Harrison, N E corner 13 Middlebelt and Joy, N E corner 14 Middlebelt and West Chicago, N E corner 15 Middlebelt and Plymouth, N E corner 16 Middlebelt and Plymouth, S W corner 17 Middlebelt and Schoolcraft Island, S E corner 18 Middlebelt and Schoolcraft Island, N E corner 19 Middlebelt and Five Mile Road, N E corner 20 Middlebelt and Six Mile Road, N E corner 21 Middlebelt and Seven Mile Road, N E corner 22 Middlebelt and Eight Mile Road, S E corner 23 Middlebelt and Eight Mile Road, S W corner 24 Merriman and Eight Mile Road, S W corner 25 Merriman and Seven Mile Road, N W corner 26 Merriman and Six Mile Road, N W corner 27 Merriman and Five Mile Road, N W corner 28 Merriman and Schoolcraft, N E corner 29 Merriman and Plymouth, N W corner 30 Merriman and Joy, N W corner 31 Farmington Road and Joy, N E corner 32 Farmington Road and Plymouth, N E corner 33 Farmington Road and Schoolcraft, N W corner 34 Farmington Road and Five Mile Road, N E corner 35 Farmington Road and Six Mile Road, N E corner 36 Farmington Road and Seven Mile Road, N W corner 33161 37 Farmington Road and Eight Mile Road, S W corner 38 Newburgh and Eight Mile Road, S W corner 39 Newburgh and Seven Mile Road, N W corner 40 Newburgh and Six Mile Road Island West 41 Newburgh and Five Mile Road, S W corner 42 Newburgh and Schoolcraft, S W corner 43 Newburgh and Plymouth, S W corner 44 Newburgh and Ann Arbor Trail, S W corner 45 Newburgh and Joy, N W corner 46 Joy Road and Hix, N W corner 47 Haggerty and Joy, N E corner 48 Haggerty and Ann Arbor Road, S E corner 49 Haggerty and Plymouth, S E corner 50 Haggerty and Plymouth, N E corner 51 Haggerty and Schoolcraft, N E corner 52 Haggerty and Five Mile Road, S E corner 53 Haggerty and Six Mile Road, S E corner 54 Haggerty and Seven Mile Road, S E corner 55 Haggerty and Eight Mile Road, S E corner the Council does hereby approve and grant this request in the manner and form herein submitted, FURTHER, the Council does hereby determine that this request shall receive a Category III application pursuant to the City of Livonia Fees/Waivers Four Category Grid dated February 8, 1993, as established in Council Resolution 371-93, adopted on May 5, 1993 CR 559-01 RESOLVED, that having considered a letter from Diana Giordano and JoAnn Sopko, representing St. Edith School, dated August 10, 2001, which requests permission to display signs announcing their fall craft show to be conducted on Saturday, November 10, 2001, which signs are to be 22"x14" and one 40"x30" in size, and which will be displayed at all major intersections of the City from October 27, 2001, through November 11, 2001, the Council does hereby approve and grant this request in the manner and form herein submitted CR 560-01 RESOLVED, that having considered a letter from Mike Petro, 6747 Edgewood, Canton, Michigan 48187, dated July 25, 2001, requesting elimination of the sidewalk requirement in front of the new residence located at 10270 Laurel, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area and the location of any proposed sidewalk would damage or necessitate removal of large trees which currently exist. 33162 CR 561-01 RESOLVED, that having considered a communication from the Fire Chief, dated July 25, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the donation of a 1988 Ford Festiva LX valued at $500 00 from Kevin M Eisbrenner to be used for training purposes by the Livonia Fire Department. CR 562-01 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated August 13, 2001, which bears the signatures of the Director of Finance and the City Attorney and is approved for submission by the Mayor, regarding the proposed renewal of the hardware service agreement between Compaq Computer Corporation (Digital Equipment Corporation) and the City of Livonia for the Livonia Police Department computer system for the period July 1, 2001 through June 30, 2002, for the sum of $35,217 96 for hardware support from funds already budgeted for this purpose in Account No 101- 306-851-010, the Council does hereby approve the renewal of this Agreement and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to affix their signatures to such Hardware Service Agreement, as well as to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize said action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 563-01 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated August 10, 2001, which bears the signature of the Director of Finance Director and the City Attorney, and is approved for submission by the Mayor, requesting to renew the Project Manager Services Contract with Analytical Systems, Inc. (ASI), 15224 Kercheval Road, Grosse Pointe Park, Michigan 48230, for the Mobile and Stationary Information System Project for the period August 15, 2001 through August 15, 2002, previously authorized by Council Resolution 480-00, for the total cost for this period in the amount of $72,000 00, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said contract in the manner and form herein submitted under the same rates, terms and conditions as the existing contract, subject to approval as to form by the Department of Law; FURTHER, the Council does hereby authorize an expenditure in the amount of $72,000 00 from the 2000 and 2001 Local Law Enforcement Block Grant Programs for this purpose, FURTHER, the action herein without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances 33163 CR 564-01 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated August 13, 2001, which bears the signature of the Finance Director and the City Attorney, and is approved for submission by the Mayor, the Council does hereby accept the proposal of the Isabella County Sheriff, 207 Court Street, Mt. Pleasant, Michigan 48858, for providing transportation and lodging of prisoners for a rate of $36 00 per diem for the period of December 1, 2001 through November 30, 2002, with the City retaining the option to extend the contract on an annual basis through November 30, 2004, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution, 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 140D2 of the Livonia Code of Ordinances, as amended CR 565-01 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 27, 2001, approved by the Director of Public Works and approved for submission by the Mayor, regarding the installation of sidewalk along the east side of Haggerty Road from Five to Six Mile Roads and from Seven to Eight Mile Roads in the City of Livonia at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution No 286-98 adopted on April 8, 1998, and in accordance with the provisions of Section 12 04 340 of Chapter 4 of Title 12 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of October 24, 2001, at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said properties for such charges unless the same are paid prior to the date of such meeting, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution CR 566-01 RESOLVED, that having considered the report and recommendation of the Department of Law, dated August 16, 2001, with regard to Industrial Facilities Exemption Certificate #88-187, which is scheduled to expire on December 30, 2001, and which was heretofore referred to as City of Livonia Industrial Development District No 48, relative to Hy-Tek Systems, Inc., formerly located at 30930 Industrial Road, the Council does hereby determine to revoke the said Industrial 33164 Facilities Exemption Certificate, the action herein being taken for the reasons set forth in the aforesaid report and recommendation of the Department of Law CR 567-01 RESOLVED, that having considered the report and recommendation of the Department of Law, dated August 16, 2001, with regard to Industrial Facilities Exemption Certificate #93-168, which is scheduled to expire on December 30, 2005, and which was heretofore referred to as City of Livonia Industrial Development District No 48, relative to Hy-Tek Systems, Inc , formerly located at 30930 Industrial Road, the Council does hereby determine to revoke the said Industrial Facilities Exemption Certificate, the action herein being taken for the reasons set forth in the aforesaid report and recommendation of the Department of Law CR 568-01 RESOLVED, that having considered a communication from the City Planning Commission, dated July 26, 2001, which transmits its resolution 7-113-2001, adopted on July 24, 2001, with regard to Petition 01-6-2-12, submitted by Andy Hanoush, on behalf of Pita Franchise Corporation, requesting waiver use approval to operate a full-service restaurant to be located on the south side of Six Mile Road, between Laurel Park Drive and Newburgh Road, in the Northeast 1/4 of Section 18, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 01- 6-2-12 is hereby approved and granted, subject to the following conditions 1 That the maximum number of customer seats shall not exceed 36 seats, 2 That the issues listed in the correspondence dated July 10, 2001 from the Inspection Department relating to missing handrails at the stairs and at landings/raised surfaces, the requirement for an exit and corridor at the rear of the building, and the width of the corridor accessing the restrooms not being in compliance with Barrier Free requirements shall be rectified to that Department's satisfaction, and 3 That all other conditions and requirement set forth in Council Resolution 188-99 granting Site Plan approval for the reconstruction of the Laurel Pointe building shall remain in effect and shall be adhered to CR 569-01 RESOLVED, that having considered a communication from the City Planning Commission, dated July 13, 2001, which transmits its resolution 7-101-2001, adopted on July 10, 2001, with regard to Petition 33165 01-6-8-19, submitted by Angelo D'Orazio, requesting site plan approval in connection with a proposal to construct an addition to the office building located on Farmington Road, between Five Mile Road and Rayburn Street (15530 Farmington Road), in the Southwest 1/4 of Section 15, 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 01-6-8-19 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 dated June 5, 2001, prepared by Michael L. Priest & Associates, is hereby approved and shall be adhered to, except for the fact that the existing driveway shall be removed and a new driveway shall be installed so that it lines up with the aisle way of the new parking lot; 2 That the Landscape Plan marked Sheet 2 dated June 5, 2001, prepared by Michael L Priest & Associates, is hereby approved and shall be adhered to, except for the fact that in place of the existing driveway, that is to be removed, additional landscaping shall be installed, 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 existing large tree located on the north property line shall be retained and incorporated into the landscaping of the site, 6 That the Exterior Building Elevation Plan marked Sheet A-2 dated June 14, 2001, as revised, prepared by GAV Architectural Design, is hereby approved and shall be adhered to, 7 That the Exterior Building Elevation Plan marked Sheet A-3 dated June 18, 2001, as revised, prepared by GAV Architectural Design, is hereby approved and shall be adhered to, 8 That the brick used in the construction shall be full-face four inch (4") brick, no exceptions, 9 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and 33166 color shall match that of the building, and the enclosure gates shall be maintained and, when not in use, closed at all times, 10 That no signs, either freestanding or wall mounted, are approved with this petition, 11 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for CR 570-01 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Brian Brace, Automotive Business Unit Director, Permacel, dated August 20, 2001, covering new industrial facilities to be located within City of Livonia Industrial Development District 81, 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, October 1, 2001, at TOO p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, October 1, 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 CR 571-01 RESOLVED, that having considered a communication from John J Doyle, Doyle Group Attorneys, P C , dated June 18, 2001, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on June 12, 2001, by the City Planning Commission in its resolution 6-91-2001 with regard to Petition 00-10-2-31 submitted by Rite Aid of Michigan, Inc , requesting waiver use approval to utilize an SDD liquor license in connection with its pharmacy business located on the south side of Eight Mile Road, between Merriman Road and Milburn Avenue, in the Northwest 1/4 of Section 2, which property is zoned C-2, the Council does 33167 hereby designate Monday, September 24, 2001, at TOO p m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia A roll call vote was taken on the foregoing resolutions with the following result: AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot and Brosnan NAYS None Councilmember Walsh left the podium at 8 18 p m due to a conflict of interest. A communication from the Inspection Department, dated August 24, 2001, re request from Schoolcraft College to review permit fees relative to their expansion projects, and the conclusion that building permits will be obtained from the City of Livonia regardless of the involvement of state funding for this project, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Duggan, and unanimously adopted, it was CR 572-01 RESOLVED, that having considered a letter from Conway A. Jeffress, Ph D , President of Schoolcraft College, dated August 9, 2001, requesting the review of building permit fees in connection with college expansion projects, the Council does hereby refer this matter to the Department of Law and Inspection Department for their reports and recommendations, FURTHER, that the Council does hereby refer to the Law Department the issue of amendment of the Permit and Fees Ordinance to allow City Council to suspend and reduce permit fees for community colleges Conway Jeffress, President of Schoolcraft College, was present at the meeting to answer questions of the Council Councilmember Walsh returned to the podium at 8.22 p m 33168 At the direction of the Chair, Agenda Item #19(a) was postponed to the next Regular Meeting of September 5, 2001 due to the absence of the petitioner, Robert Canzano On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was CR 573-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 14, 2001, submitted pursuant to 171-00 and the report and recommendation of the Director of Public Works and the City Engineer, dated August 13, 2001, approved for submission by the Mayor, the Council does hereby amend and revise Council Resolution 780-00 so as to have the same read as follows. RESOLVED, that having considered a communication from the Department of Law, dated August 22, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, submitted pursuant to Council Resolution 169-00, to which is attached a Real Estate Sales Agreement (the "Agreement"), the Council does hereby accept the offer of Quality Metalcraft, Inc., 33355 Glendale, Livonia, Michigan 48150, to purchase certain city-owned property in the Northwest 1/4 of Section 27, further described as That part of the Northwest 1/4 of Section 27, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan more particularly described as beginning at a point distant South 00°06'20" West, 825 00 feet and North 89°35'30" West, 1,236 76 feet and South 00°20'30" West, 963 00 feet from the North 1/4 corner of Section 27 and proceeding thence South 89°12'20" East, 258 75 feet; thence South 00°20' 30" West, 325 00 feet; thence North 89°12'20" West, 258 75 feet; thence North 00°20'30" East, 325 00 feet to the point of beginning Containing 1 930 Acres (Revised Parcel A) for the sum of $275,000 00, subject to execution of a real estate sales agreement substantially in the form of the Agreement; and the Department of Law is requested to negotiate, prepare and place in proper form such real estate sales agreement, quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Mayor and City Clerk are hereby requested to execute such real estate sales agreement, quit claim deed, and such other documents as may be necessary, subject to approval as to form by the Department of Law, as well as to do all other things necessary or 33169 incidental to the full performance of this resolution, FURTHER, the Council does hereby direct that the net proceeds from the sale of this property be deposited into the Capital Improvement Fund (401) for future capital improvement projects Councilmember Vandersloot took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 01-02-03-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Duggan, seconded by Walsh, it was CR 574-01 RESOLVED, that having considered a letter from Eric Stromberg, dated July 23, 2001, requesting elimination of the sidewalk requirement in front of his residence located at 18430 Shadyside, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Duggan, Engebretson, Vandersloot and Brosnan NAYS Pastor The President declared the resolution duly adopted A communication from the Engineering Division, dated August 23, 2001, re request of Eric Stromberg for removal of sidewalks at 18430 Shadyside, Livonia, 33170 48152 and the fact that there are no sidewalks in the immediate neighborhood, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was CR 575-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated August 2, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Sunset Excavating, Inc., 12641 Stark Road, Livonia, Michigan 48150, for completing all work required in connection with the Landfill Closure Project at the unit prices shown on the attachment, which are in the total amount of $623,646 30, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize an expenditure in the amount of $623,646 30 from funds already budgeted in Account No 205- 527-818-041 (Municipal Refuse Fund - Landfill Remediation) for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution A communication from the Public Service Division, dated August 23, 2001, re. bid summaries for recent projects done as a comparison for the costs associated with the Landfill Closure Project, was received and placed on file for the information of the Council Councilmember Engebretson gave first reading to the following Ordinance AN ORDINANCE REPEALING TITLE 15, CHAPTER 08 (ELECTRICAL 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 33171 Councilmember Engebretson invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot, and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Engebretson gave first reading to the following Ordinance AN ORDINANCE REPEALING TITLE 15, CHAPTER 12 (ELECTRICAL LICENSING) 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 Councilmember Engebretson invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot, and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Engebretson gave first reading to the following Ordinance 33172 AN ORDINANCE AMENDING SECTION 040 OF TITLE 15, CHAPTER 56 (ELECTRICAL PERMIT AND INSPECTION FEES) 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 Councilmember Engebretson invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot, and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Engebretson gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTION D OF SECTION 060, CHAPTER 04 (BUILDING CODES) OF TITLE 15 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 Councilmember Engebretson invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot, and Brosnan 33173 NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Terri Lemmon, 12101 Brewster, Livonia, 48150 spoke to Council and stated that she is in the process of circulating a petition among the residents of Alden Village requesting that a ten foot wall be built on the property line dividing the M-1 proposed Rosati Industrial Subdivision and R-5 residential property Rochelle Rabaut, 12067 Boston Post, Livonia, 48150, voiced her concerns regarding the increase of traffic in her area as a result of the proposed Rosati Industrial Subdivision development. Guy Chopp, 12017 Brewster, Livonia, 48150, stated that he wants to be assured that the petitioner, Enrico Rosati, will stay within the guidelines set forth for the proposed Industrial Su bd ivison Mr Vanzo, 12066 Boston Post, Livonia, 48150, wants City Council to have Boston Post Street closed off to traffic prior to the development of the Rosati Industrial Subdivision On a motion by Duggan, seconded by Walsh, it was CR 576-01 RESOLVED, that having considered a communication from the City Planning Commission, dated July 27, 2001, which transmits its resolution 7-114-2001, adopted on July 24, 2001, with regard to the proposed preliminary plat of Rosati Industrial Subdivision to be located on the west side of Stark Road, between Schoolcraft Road (1-96) and Plymouth Road, in the South 1/2 of Section 28, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on July 24, 2001, the Council does hereby approve of the said preliminary plat based upon the same conditions as those set forth in the aforesaid Planning Commission action and subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Duggan, Engebretson, Vandersloot and Brosnan NAYS Pastor The President declared the resolution duly adopted 33174 On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was CR 577-01 RESOLVED, that having considered a communication from the City Planning Commission, dated July 27, 2001, which transmits its resolution 7-114-2001, adopted on July 24, 2001, with regard to the proposed preliminary plat of Rosati Industrial Subdivision to be located on the west side of Stark Road, between Schoolcraft Road (1-96) and Plymouth Road, in the South 1/2 of Section 28, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on July 24, 2001, the Council does hereby refer the subject matter of conditions precedent to the final plat approval to the Committee of the Whole for its report and recommendation A communication from neighbors, dated August 14, 2001, re their support for a proposed lot combination located at 19296 and 19292 Farmington Road, submitted by Frank March of ABC Affordable Builders and Contractors, was received and placed on file for the information of the Council Photos of homes, dated August 20, 2001, submitted by Frank March, ABC Affordable Homes, re homes built on 40 foot lots in the immediate area of the proposed lot combination at 19296 and 19292 Farmington Road, was received and placed on file for the information of the Council Frank March, petitioner for a proposed lot combination at 19296 and 19292 Farmington Road, 24000 Currier, Dearborn Heights, was present to answer questions of the Council, and stated that he wished to have this lot combination approved so that he could build his own personal home at this site On a motion by Duggan, seconded by Vandersloot, it was CR 578-01 RESOLVED, that having considered a communication from the City Assessor, dated June 28, 2001, approved for submission by the Mayor, with regard to a request from Frank March, ABC Affordable Builders and Contractors, P 0 Box 2507, Dearborn, Michigan 48123, 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 deny the proposed combination of Tax Item Nos. 46-011-01-0051-001 and 46-011-01-0052-001 into one (1) parcel 33175 A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Engebretson, Vandersloot and Brosnan NAYS Walsh and Pastor The President declared the resolution duly adopted On a motion by Pastor, seconded by Walsh, and unanimously adopted, it was. CR 579-01 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Thomas C Rauch, Kemp, Klein, Umphrey & Endelman, on behalf of International Paper Company, dated June 11, 2001, covering new industrial facilities to be located within City of Livonia Industrial Development District No 72, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded International Paper Company, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m , Monday, August 6, 2001 at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, International Paper Company, finds and determines. (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from International Paper Company covering new industrial facilities to be located within the City of Livonia Industrial Development District No 72 for 10 years 33176 ,t 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a letter of agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process Applications for Industrial Facility Exemption Certificates The petitioner was present to answer questions of the Council On a motion by Duggan, seconded by Engebretson, it was RESOLVED, that having considered a communication from the City Planning Commission, dated June 15, 2001, which sets forth its resolution 6-92-2001 adopted on June 12, 2001, with regard to Petition 01-04-02-08 submitted by Badri Yono requesting waiver use approval to utilize an SDD liquor license in an existing business (Plymouth Food Store) located on the north side of Plymouth Road, between Cavell and Arcola Avenues, in the Southeast 1/4 of Section 25, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on August 8, 2001, pursuant to Council Resolution 439-01, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 01-04-02-08 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Engebretson and Brosnan NAYS Walsh, Pastor and Vandersloot The President declared the resolution failed for lack of support. A communication from Jill A. Bankey, attorney for petitioner Badri Yono, dated August 16, 2001, re copy of a Purchase Agreement and a letter from the Liquor Control Commission relative to a request for waiver use approval to utilize an SDD 33177 license at Plymouth Food Store, was received and placed on file for the information of the Council (Petition 01-04-02-08) A communication from Bernard A. Skotzke, 9967 Cavell Street, Livonia, 48150, re his opposition to a waiver use approval to utilize an SDD liquor license at Plymouth Food Store, was received and placed on file for the information of the Council (Petition 01-04-02-08) On a motion by Walsh, seconded by Pastor, it was RESOLVED, that having considered a communication from the City Planning Commission, dated June 15, 2001, which sets forth its resolution 6-92-2001 adopted on June 12, 2001, with regard to Petition 01-04-02-08 submitted by Badri Yono requesting waiver use approval to utilize an SDD liquor license in an existing business (Plymouth Food Store) located on the north side of Plymouth Road, between Cavell and Arcola Avenues, in the Southeast 1/4 of Section 25, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on August 8, 2001, pursuant to Council Resolution 439-01, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 01-04-02-08 is hereby approved and granted subject to the following conditions 1 That this approval shall be subject to a variance being granted by the Zoning Board of Appeals with respect to non-compliance with the 400 foot separation requirement between the proposed SDD licensed establishment and an existing church, and 2 That the site deficiencies listed in the correspondence dated May 29, 2001 from the Inspection Department shall be corrected to that Department's satisfaction A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Pastor and Vandersloot NAYS Duggan, Engebretson and Brosnan The President declared the resolution failed for lack of support. 33178 At the direction of the chair, this item was moved to the next Regular Meeting of September 5, 2001, for consideration before the full City Council On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was CR 580-01 RESOLVED, that having considered a communication from the Department of Law, dated August 21, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to Petition 01-3-6-4, submitted by the City Planning Commission, pursuant to Council Resolution 78-01, to determine whether or not to amend Section 10 03 of Article X of the Zoning Ordinance so as to add full service restaurants as waiver uses in the C-1 zoning district, wherein it is requested that Council Resolution 540-01 be rescinded, the Council does hereby rescind Council Resolution 540-01 On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was CR 581-01 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 2001, which sets forth its resolution 5-81-2001 adopted on May 8, 2001, with regard to Petition 01- 3-6-4, submitted by the City Planning Commission, pursuant to Council Resolution 78-01, to determine whether or not to amend Section 10 03 of Article X of the Zoning Ordinance so as to add full service restaurants as waiver uses in the C-1 zoning district, and the Council having conducted a public hearing with regard to this matter on Monday, July 16, 2001, pursuant to Council Resolution 364-01, the Council does hereby determine to take no further action with respect to this matter On a motion by Pastor, seconded by Walsh, it was CR 582-01 RESOLVED, that having considered a communication from the Department of Law, dated August 15, 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 for the purposes of discussing litigation matters and attorney/client privileged communications in connection with threatened litigation regarding Vicky Walpole A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot and Brosnan 33179 NAYS None t The President declared the resolution duly adopted On a motion by Engebretson, seconded by Pastor, it was CR 583-01 RESOLVED, that having considered a communication from the Department of Law, dated August 15, 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 for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation regarding Livonia Hotel, LLC and Hooters of Livonia, Inc. v City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot and Brosnan NAYS None The President declared the resolution duly adopted During the audience communication portion of the agenda, Councilmember Pastor sent congratulation wishes to Tracey Pelletier, of the City Council Office, and her husband, on the adoption of their baby On a motion by Duggan, seconded by Pastor, and unanimously adopted, this 1,447th Regular Meeting of the Council of the City of Livonia was adjourned at 9 05 p m , August 27, 2001 - ct kc c -1, 1 t e-- 0 .A4 7 t Joan iVI Cotter, City Clerk