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HomeMy WebLinkAboutCOUNCIL MINUTES 2001-06-13 REVISED 33032 MINUTES OF THE ONE THOUSAND FOUR HUNDRED FORTY-THIRD REGULAR MEETING OF JUNE 13, 2001 On June 13, 2001, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the Senior Councilmember of the Council at 8 00 p m Councilmember Pastor delivered the invocation Roll was called with the following result: John Pastor, Brian Duggan, Jack Engebretson, John Walsh and Joe Laura Absent: Val Vandersloot and Maureen Miller Brosnan Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Ron Reinke, Superintendent of Parks and Recreation, 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 382-01 RESOLVED, that the minutes of the 1,442nd Regular Meeting of the Council held June 4, 2001 are hereby approved as submitted During the audience communication portion of the agenda, City Clerk Joan McCotter presented a summary of the election results from the Livonia Public Schools and Schoolcraft College election held on June 11,2001 Cathy Newson, Event Coordinator for Praise Chapel, 36115 Plymouth Road, Livonia, 48150 requested additional signs for a church multi-family rummage sale On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was 33033 CR 383-01 RESOLVED, that having considered a letter from Cathy Newson, representing Praise Chapel, dated June 11, 2001, which requests permission to display additional signage for a church multi-family rummage sale, which signs are to be 2 ft. x 2 ft. with 2 ft. stakes and will be put up on Sunday, June 17, 2001 and removed on Saturday, June 23, 2001, and which will be displayed at the following locations SW/NW of Lyndon and Farmington NW of Farmington and Schoolcraft NW of Farmington and Plymouth NW of Plymouth and Stark NW of Plymouth and Wayne NW of Plymouth and Levan SW of Plymouth and Ann Arbor NW/SW of Schoolcraft and Stark NW/SW of Schoolcraft and Levan the Council does hereby grant and approve this request in the manner and form herein submitted Onnig Hachigian, 14664 Ronnie Lane, 48154, spoke to the Council regarding his concern with sycamore trees on Ronnie Lane On a motion by Duggan, seconded by Pastor, it was CR 384-01 RESOLVED, that having considered an application from David Thomas, 19749 Donna, dated May 15, 2001, requesting permission to close Donna, between Fairfax and Pembroke, on Saturday, August 11, 2001, from 2 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, August 12, 2001, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 385-01 RESOLVED, that having considered a letter from Barbara Stoner, Co-Chairperson of the Churchill High School PTSA Craft Show, dated May 15, 2001, which requests permission to display 63 wire signs announcing the Churchill High School Annual PTSA Fall Craft Show to be conducted on Saturday, October 20, 2001, which signs are to be 22" x 28" in size and which will be displayed at all major intersections of the City no earlier than Saturday, October 6, 2001, and removed no later than Sunday, October 21, 2001, the Council does hereby grant and approve this request in the manner and form herein submitted 33034 CR 386-01 RESOLVED, that having considered a letter from Daniel R. Willenborg, Principal of Franklin High School, dated May 18, 2001, the Council does hereby approve and recognize the Franklin High School Patriot Street Homecoming Parade to be held on Friday, September 21 , 2001, beginning at 12 30 p m , FURTHER, the Council does hereby approve the parade route as follows Exit the eastern most driveway of Franklin High School and travel east along Joy Road to Hillcrest; north on Hillcrest and east on Olson to Henry Ruff; north on Henry Ruff to Robert Drive, west to Sunset; south on Sunset to Hathaway, east to Henry Ruff; south on Henry Ruff to Olson, west on Olson to Hillcrest; south on Hillcrest to Joy, west on Joy to the eastern most driveway of Franklin High School, FURTHER, the Council does hereby request that the Wayne County Road Commission allow the City of Livonia to close the necessary roads between the hours of 12 30 p m and 2 15 p m or until the roads are returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, as to Wayne County only; and that Lt. Kevin Dawley is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia CR 387-01 RESOLVED, that having considered a communication from the Mayor, dated May 17, 2001, which bears the signature of the Director of Finance, and to which is attached an invoice with respect to the City's membership dues for the Michigan Coalition to Protect the Public Rights-of-Way from Telecommunications Encroachments (PROTEC) for the period July 1 , 2001, through June 30, 2002, the Council does hereby approve the payment of 2001-2002 membership dues for PROTEC in the amount of $25,000 00, FURTHER, the Council does hereby authorize an expenditure in the amount of $16,000 00 from funds already budgeted in Account No 297-751-818-005 and an expenditure in the amount of $9,000 00 from funds already budgeted in Account No 297-751-882-010 for this purpose A communication from Mayor Kirksey, dated May 24, 2001, - Administrative Response — re his recommendation that the City not establish 33035 non-resident Senior rates for the City's municipal golf courses, was received and placed on file for the information of the Council (CR 212-01) A communication from the Livonia Traffic Commission, dated May 17, 2001 - Administrative Response — re their desire to wait until Henry Ruff Road has been paved before making recommendations for signs indicating No Parking, Stop and Speed Limits, was received and placed on file for the information of the Council (CR 178-01) A communication from the Livonia Traffic Commission, dated May 17, 2001 - Administrative Response —their understanding that the subject matter of left turn phasing signals at Joy and Newburgh Roads has been resolved through letters sent to them from the Engineering Division, was received and placed on file for the information of the Council (CR 202-01) A communication from the Livonia Traffic Commission, dated May 17, 2001 - Administrative Response — re no further action on the subject matter of the need to install Stop signs on Hubbard Street between Five Mile and Six Mile Roads, was received and placed on file for the information of the Council (CR 224-01) A communication from the Plymouth Road Development Authority, dated May 15, 2001, re submitting their Annual Report pursuant to Public Act 197 of 1975, was received and placed on file for the information of the Council CR 388-01 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated May 21, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quotation submitted by Peripheral Vision, 39201 Schoolcraft, Livonia, Michigan 48150, for providing the following computer 33036 equipment and accessories for the Police Department, in connection with the Mobile and Stationary Information System which was authorized by Council Resolution 750-00, adopted on October 11, 2000, in the amount of $25,033 00 Quantity Description 20 HP DeskJet 950c Printers 9 Okidata Microline 320 Turbo Printers, with OKI Exchange Program Next Business Exchange Warranty upgrade for three (3) years 9 HP JetDirect 170X Print Servers 29 Belkin IEEE 1284 Parallel 3' Printer Cables 8 HP LaserJet 4100n Printers, with HP Next Day On- Site Warranty upgrade for three (3) years 1 HPLaserJet 4100tn Printer, with HP Next Day On-Site Warranty upgrade for three (3) years FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $25,033 00 from funds already budgeted in the Capital Improvement Fund Account No 401-000-976-028 for this purpose, FURTHER, the Council does hereby authorize such purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 389-01 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated May 4, 2001, which bears the signatures of the Treasurer and the Finance Director and is approved for submission by the Mayor, which transmits Resolution #2250-01 adopted by the Parks and Recreation Commission on March 5, 2001, the Council does hereby concur in the recommendation of the Parks and Recreation Commission and payment of fees by credit card (MasterCard, Visa, or Discover card) or debit cards for programs and activities directly operated by the Department of Parks and Recreation is hereby authorized pursuant to Public Act 280 of the Public Acts of 1995 (MCL 129 221 et seq ), FURTHER, the City Treasurer is hereby designated as responsible for determining the types of financial transaction devices that may be accepted for payment of these fees, and payment by means of financial transaction devices (Le., electronic funds transfer cards, credit cards or debit cards) will not be accepted for amusement park tickets or other activities that are not directly operated by the Department of Parks and Recreation such as Spree, Civic Chorus, Rotary Club, and similar activities 33037 CR 390-01 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated May 4, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission Resolution 2532-00, adopted on November 13, 2000, wherein the Commission did recommend an increase in fees and charges as per the attached schedule, the Council does hereby approve the recommended increases in fees and charges in connection with the aforesaid communication CR 391-01 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated May 16, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission Resolution 2553-01, adopted on April 9, 2001, wherein the Commission did recommend an increase in fees and charges for figure skating per the attached schedule, the Council does hereby approve the recommended increases in fees and charges in connection with the aforesaid communication CR 392-01 RESOLVED, that having considered a communication from the Department of Law, dated May 17, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, concerning the inclusion in the local street system, for Act 51 revenue computation purposes, of the following streets which were built in 1999 1 Elmira Avenue Length 305' Termini From 1,021' East of Levan to 1,326' East of Levan Subdivision Elmira Court Subdivision Recorded at Liber 115 of Plats on pages 71-72, Wayne County Records Location NE 1/4 of Section 32 2 Taylor Boulevard Length 685' Termini From Five Mile Road to South 685' Subdivision Kenwood Meadows Subdivision Recorded at Liber 116 of Plats on pages 52-53, Wayne County Records Location NE 1/4 of Section 24 33038 3 North Taylor Boulevard Length 110' Termini From Taylor Boulevard to North 110' l.. Subdivision Kenwood Meadows Subdivision Recorded at Liber 116 of Plats on pages 52-53, Wayne County Records Location NE 1/4 of Section 24 4 South Taylor Boulevard Length 150' Termini From Taylor Boulevard to South 150' Subdivision Kenwood Meadows Subdivision Recorded at Liber 116 of Plats on pages 52-53, Wayne County Records Location NE 1/4 of Section 24 5 Fargo Avenue Length 505' Termini From Farmington Road to Irving Drive Subdivision Cross Winds Estates Subdivision Recorded at Liber 114 of Plats on pages 14-15, Wayne County Records Location NE '/4 of Section 4 6 Irving Drive Length 561' Termini From 281' South of Fargo Avenue to 280' North of Fargo Avenue Subdivision Cross Winds Estates Subdivision Recorded at Liber 114 of Plats on pages 14-15, Wayne County Records Location NE 1/4 of Section 4 7 Richland Court Length 314' Termini From Stark Road to West 314' Subdivision Camborne Stark Road School Subdivision Recorded at Liber 113 of Plats on pages 33-34, Wayne County Records Location NW '/4 of Section 33 the Council does hereby authorize the Director of Public Works to apply to the Michigan Department of Transportation for the inclusion of said streets in the City's local street system for purposes of computing the City's share of Act 51 revenues, AND BE IT FURTHER RESOLVED that each of the said streets is an 33039 approved public street and is open for public purposes, and FURTHER, that said streets are accepted into the City's local street system CR 393-01 RESOLVED, that having considered a communication from the Department of Law, dated May 17, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, concerning the inclusion in the local street system, for Act 51 revenue computation purposes, of the following streets which were opened during 2000 1 Morlock Avenue Length 25' Termini From 287' west of Melvin Avenue to 312' west of Melvin Avenue Subdivision Storm and Fowler's Country Crest Subdivision Recorded at Liber 42 of Plats on page 74, Wayne County Records Location NE 1/4 of Section 2 2 Norfolk Avenue Length 160' Termini From 152' west of Melvin Avenue to 312' west of Melvin Avenue Subdivision Storm and Fowler's Country Crest Subdivision Recorded at Liber 42 of Plats on page 74, Wayne County Records Location NE 1/4 of Section 2 3 Oporto Avenue Length 630' Termini From Norfolk Avenue to Morlock Avenue Subdivision Storm and Fowler's Country Crest Subdivision Recorded at Liber 42 of Plats on page 74, Wayne County Records Location NW '/4 of Section 2 4 Glendale Avenue Length 344' Termini From 1,633' west of Merriman Road to 1,977' west of Merriman Road Subdivision Paragon Technology Park Subdivision Recorded at Liber 102 of Plats on pages 59-60, Wayne County Records Location NE 1/4 of Section 27 REVISED 33040 5 Glendale Avenue (see attached legal description) Length 751' Termini From 1,977' west of Merriman Road to 2,728' west of Merriman Road "See Attached Legal Description" Location NE 1/4 of Section 27 6 Kenwood Court Length 508' Termini From Sunset Boulevard to 508' west of Sunset Boulevard Subdivision Kenwood Estates Subdivision Recorded at Liber 113 of Plats on pages 15-16, Wayne County Records Location NW 1/4 of Section 2 7 Pickford Avenue Length 740' Termini From Merriman Road to 740' east of Merriman Road Subdivision Merriman Forest Subdivision Recorded at Liber 116 of Plats on pages 66-67, Wayne Count Records Location NW 1/4 of Section 11 the Council does hereby authorize the Director of Public Works to apply to the Michigan Department of Transportation for the inclusion of said streets in the City's local street system for purposes of computing the City's share of Act 51 revenues, AND BE IT FURTHER RESOLVED that each of the said streets is an approved public street and is open for public purposes, and FURTHER, that said streets are accepted into the City's local street system A roll call vote was taken on the foregoing resolutions with the following result: AYES Pastor, Duggan, Engebretson, Walsh and Laura NAYS None On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was CR 394-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 22, 2001, submitted pursuant to Council Resolution 913-00, and a REVISED - SEE BOLD TYPE 33041 communication from Council President Maureen Miller Brosnan, dated November 30, 2000, regarding the Sign Ordinance as it relates to changeable copy, the Council does hereby determine to take no further action with respect to this matter On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was CR 395-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 22, 2001, submitted pursuant to Council Resolution 39-01, and the report and recommendation of the Department of Law, dated December 18, 2000, approved for submission by the Mayor, submitted pursuant to Council Resolution 796-00, with respect to possible amendments to Sections 10 02 and 10 03 of Article X and Section 11 02 of Article XI of Zoning Ordinance No 543, as amended, regarding outdoor sales and displays on commercial property, the Council does hereby request that the Department of Law prepare an amendment to the referenced ordinance sections to make open-air sales of nursery stock, fruits and vegetables a permitted use for food stores, grocery stores and meat markets subject to certain restrictions contained in Zoning Ordinance Section 10 03, for submission to Council On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was CR 396-01 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 22, 2001, submitted pursuant to Council Resolution 217-00, and a communication from the City Planning Commission, dated January 17, 2000, which sets forth its resolution 01-09-2000 adopted on January 11, 2000, with regard to Petition 99-8-6-3, submitted by the City Planning Commission, pursuant to Council Resolution 498-99 and Section 23 01(a) of Zoning Ordinance No 543, to determine whether or not to amend Section 18 50D and Section 18 50K of Article XVIII of the Zoning Ordinance pertaining to political signs and changes to the face of any valid nonconforming sign, and the Council having conducted a public hearing with regard to this matter on Monday, March 6, 2000, pursuant to Council Resolution 53-00, the Council does hereby approve Petition 99-8-6-3 for preparation of the ordinance for submission to Council, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution 33042 A communication from the Department of Law, dated May 30, 2001, re the City's inability to require the developer to install a separation wall along the east and south property lines of Bell Creek Square planned residential development after approval of the Landscape Plan unless the developer voluntarily wishes to comply, was received and placed on file for the information of the Council (Petition 99-12-2-32) A communication from Lyn Bankes, 16834 Bell Creek Lane, 48154, re her displeasure with the Bell Creek Square planned residential development at Six Mile and Farmington Roads, and her opinion that the separation wall should not be constructed of wood, was received and placed on file for the information of the Council (Petition 99-12-2-32) A petition with 47 signatures from the residents and neighbors of Bell Creek Farms, received on June 12, 2001, re their wish to have a brick separation wall constructed on the east and south boundaries of Bell Creek Square planned residential development at Six Mile and Farmington Roads, was received and placed on file for the information of the Council (Petition 99-12-2- 32) On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was CR 397-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 23, 2001, submitted pursuant to Council Resolution 297-01, and communications from the Steven J Schafer, Phoenix Land Development, dated March 21 and March 23, 2001, submitting a revised Landscape Plan in connection with Petition 99-12-2-32 to construct a Planned Residential Development (Bell Creek Square) on the southeast corner of Six Mile Road and Farmington Road (the former Ward Evangelical Presbyterian Church site) between Bloomfield Drive and Six Mile Road in the Northwest 1/4 of Section 15, the Council does hereby refer this subject matter back to the Committee of the Whole for further consideration 33043 Steven Schaefer, representative of Phoenix Land Development, agreed with the Council to have the subject matter of Bell Creek Square planned residential development remain in the Committee of the Whole (Petition 99-12-2-32) Ms Sandy Milis, 16772 Bloomfield, Livonia, 48154, thanked the Council and appreciates their decision to send the subject matter of Bell Creek Square and the separation wall issue back to the Committee of the Whole (Petition 99-12-2- 32) Mr Mike Zatirka, 16831 Bell Creek Lane, Livonia, 48154 stated that he will hold his comments regarding the separation wall at Bell Creek Square planned residential development until the Committee of the Whole meeting Councilmember Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 9 03 OF ARTICLE IX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA CODE ZONING ORDINANCE" (Petition 01-1-6-1) 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 34 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 00-8-1-15) 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 REVISED 33044 The above Ordinance was placed on the table for consideration at the next regular meeting L A revised Landscape Plan, received on June 11, 2001, from Ameritech Right of Way Department, re proposed shrubs and plants to conceal a fiber optic electronic cabinet to be placed at an easement located at Six Mile and Wayne Roads, was received and placed on file for the information of the Council Gary Samkowiak, Engineer/Right of Way Agent of Ameritech, stated that Ameritech would like to have a perpetual easement granted to them at Six Mile and Wayne Roads On a motion by Walsh, seconded by Pastor, it was CR 398-01 RESOLVED, that having considered a letter from Gary A. Samkowiak, Engineer/Right of Way Agent for Ameritech, dated May 7, 2001, requesting a 20' x 20' utility easement for a fiber electronic cabinet on a City-owned parcel of land described as Out Lot A of the Golf View Meadows No 2 Plat, Parcel I D 46-065- 02-0285-000, located on the southeast corner of Six Mile Road and Wayne Road, the Council does hereby authorize and grant the aforesaid easement to Ameritech, 54 North Mill Street, Mailbox #30, Pontiac, Michigan 48342, for a consideration in the amount of $7,500 00, the action herein being taken in order to best serve the interests of the community; FURTHER, the Council does hereby request the Engineering Division to prepare and place in proper form an easement for this purpose, FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a utility easement with respect to the aforesaid City-owned property, subject to approval as to form by the Department of Law, and the City Clerk is hc,reby requested to do all things necessary or incidental to the fu!I performance of this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES Pastor, Engebretson, Walsh and Laura NAYS Duggan 33045 The Senior Councilmember declared the resolution duly adopted On a motion by Engebretson, seconded by Duggan, it was CR 399-01 RESOLVED, that having considered a communication from the City Assessor, dated May 11, 2001 , approved for submission by the Mayor, with regard to a request from Mr Robert Pearce, 20011 Angling, 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- 001-99-0041-000 into two (2) parcels, the legal descriptions of which shall read as follows PARCEL A Part of the Southwest 1/4 of the Northeast 1/4 of Section 1, Town 1 South, Range 9 East, Livonia Township, Wayne County, Michigan and being more particularly described as Commencing at the center of said Section 1, Thence North 01 Degree 56 Minutes 52 Seconds West (previously described as North 01 Degree 58 Minutes 39 Seconds West), 353 79 feet; Thence North 88 Degrees 25 Minutes 38 Seconds East, 590 10 feet to the point of beginning, Thence North 88 Degrees 25 Minutes 38 Seconds East, 281 03 feet to the center of Angling Road, Thence South 18 Degrees 57 Minutes 05 Seconds East, 88 67 feet along said center of Angling Road, Thence South 88 Degrees 40 Minutes 23 Seconds West 307 86 feet; Thence North 01 Degree 19 Minutes 37 Seconds West 83 30 feet to the point of beginning Containing 0 567 acres of land more or less Subject to the statutory public right of way in Angling Road and all matters of record PARCEL B Part of the Southwest 1/4 of the Northeast 1/4 of Section 1, Town 1 South, Range 9 East, Livonia Township, Wayne County, Michigan and being more particularly described as Commencing at the center of said Section 1, Thence North 01 Degree 56 Minutes 52 Seconds West (previously described as North 01 Degree 58 Minutes 39 Seconds West), 353 79 feet, Thence North 88 Degrees 25 Minutes 38 Seconds East, 590 10 feet, Thence South 01 Degree 19 Minutes 37 Seconds East 83 30 feet to the point of beginning, Thence North 88 degrees 40 Minutes 23 Seconds East, 307 86 feet to the center of Angling Road, Thence South 18 Degrees 57 Minutes 05 Seconds East, 76 63 feet 33046 along said center of Angling Road, Thence South 88 Degrees 40 Minutes 23 Seconds West 349 63 feet to the center of creek, Thence North 41 Degrees 41 Minutes 35 imp Seconds East, 27.21 along the center of said creek; Thence North 01 Degree 19 Minutes 37 Seconds West 53 14 feet to the point of beginning Containing 0 539 acres of land more or less Subject to the statutory public right of way in Angling Road and all matters 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, and FURTHER, that this lot split is granted contingent upon the petitioner granting the appropriate right-of-way to the City of Livonia for road purposes A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Duggan, Engebretson, and Walsh NAYS Laura The Senior Councilmember declared the adoption duly adopted On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 400-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 23, 2001, approved for submission by the Mayor, in connection with the Gruda Site Condominium Development located on Munger Avenue between Six Mile Road and Puritan Avenue in the Northwest 1/4 of Section 14, the Council does hereby reaffirm its requirement for the placement of sidewalks as provided in Council Resolution 705-99 adopted on October 13, 1999 On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was 33047 CR 401-01 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 11, 2001, approved for submission by the Mayor, the Council does hereby amend Item No 6 of Council Resolution 705-99, adopted on October 13, 1999, so as to establish a sidewalk bond in the following amount: Sidewalk Bond $19,000 00, of which at least $7,500 00 shall be in cash with respect to the Gruda Site Condominium Development, located on Munger Avenue between Six Mile Road and Puritan Avenue in the Northwest 1/4 of Section 14, FURTHER, all other financial assurances now on deposit with the City shall remain the same and unchanged A Site Plan, dated June 11, 2001, received on June 12, 2001, re building addition to Ameritech building located on Newburgh Road (15550 Newburgh) between Five Mile and Ladywood Roads, was received and placed on file for the information of the Council (Petition 01-4-8-16) On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 402-01 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 2001, which transmits its resolution 5-82-2001 adopted on May 8, 2001 , with regard to Petition 01-4-8-16 submitted by Ameritech, requesting site plan approval in connection with a proposal to construct a second floor addition to the building located on Newburgh Road (15550 Newburgh) between Five Mile and Ladywood Roads in the Southwest 1/4 of Section 17, 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 01-4-8-16 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet C-1, dated April 24, 2001, as revised, prepared by Elton Anderson Associates, is hereby approved and shall be adhered to, 33048 2 That the Exterior Building Elevation Plan marked Sheet A- 6a, dated June 11, 2001, as revised, prepared by Elton Anderson Associates, is hereby approved and shall be adhered to, 3 That the brick used in the construction shall match that of the existing building and shall be full-face four (4") inch brick, no exceptions, 4 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated May 3, 2001 - That this structure shall be in full compliance with all Michigan Barrier Free Codes, - That the entire parking lot shall be repaired, resealed and double striped, - That the protective wall shall be repaired and the west 10 ft. of the north wall shall be restored to 3 ft. in height; - That the site's landscaping shall be revitalized and thereafter permanently maintained in a healthy condition, - That the broken curbs of the north parking island shall be repaired, 5 That the dumpster area shall be enclosed and the three walls of the 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 color shall match that of the building, and the enclosure gates shall be maintained and, when not in use, closed at all times, 6 That no signs, either freestanding or wall mounted, are approved with this petition, 7 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 33049 8 Thateindows will be placed on the west elevation with the approval of the Inspection and Planning Department. On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was CR 403-01 RESOLVED, that in the matter of adopting a resolution in support of H R 432 and 433 to restore state and local control over the time periods that trains may block roadways at grade crossings, the Council does hereby determine to refer this subject matter to the Legislative Committee who shall submit a report and recommendation for the Council's consideration On a motion by Engebretson, seconded by Duggan, and unanimously adopted, it was CR 404-01 RESOLVED, that having considered a communication from the City Planning Commission, dated February 5, 2001, which sets forth its resolution 01-10-2001 adopted on January 30, 2001, with regard to Petition 00-12-1-22, submitted by Masoud Shango for a change of zoning of property located on the south side of Schoolcraft Road east of Merriman Road in the Northwest 1/4 of Section 26, from P and M-1 to C-3, and the Council having conducted a public hearing with regard to this matter on May 30, 2001, pursuant to Council Resolution 250-01, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A communication from the Planning Department, dated June 8, 2001, re additional information relative to the Hunters Grove Condominiums on Newburgh Road between Five Mile and Ladywood Roads, submitted by Craig Corbell (Hunter Homes, Inc.), was received and placed on file for the information of the Council (Petitions 01-2-1-2 and 00-12-2-38) A communication from the Planning Department, dated June 11, 2001, re location of land to be rezoned in petition from Hunter Homes, Inc and the residents adjacent to this land that are in favor of the rezoning on Newburgh 33050 Road between Five Mile and Ladywood Roads, was received and placed on file for the information of the Council (Petitions 01-2-1-2 and 00-12-2-38) A communication from Mary Reed, 15691 Liverpool, Livonia, 48154, dated May 20, 2001, re her support of the proposed Hunters Grove Condominium to be located on Newburgh Road between Five Mile and Ladywood Roads, was received and placed on file for the information of the Council (Petitions 01-2-1-2 and 00-12-2-38) A revised Landscape Plan, received on June 12, 2001, re Hunters Grove Condominiums to be located on Newburgh Road between Five Mile and Ladywood Roads, was received and placed on file for the information of the Council (Petitions 01-2-1-2 and 00-12-2-38) On a motion by Engebretson, seconded by Walsh, and unanimously adopted, it was CR 405-01 RESOLVED, that having considered a communication from the City Planning Commission, dated April 9, 2001, which sets forth its resolution 4-54-2001 adopted on April 3, 2001, with regard to Petition 01-2-1-2, submitted by Craig Corbell of Hunter Homes, Inc., for a change of zoning of property located on the east side of Newburgh Road between Five Mile Road and Ladywood Road in the Southwest 1/4 of Section 17, from R-9 to R-C, and the Council having conducted a public hearing with regard to this matter on May 30, 2001, pursuant to Council Resolution 234-01, the Council does hereby approve Petition 01-2-1-2 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 Don Sedestrom, 37637 S Sherwood Court, Livonia, 48154, stated that he would like the north and south entrances to the proposed project to be tapered 33051 Charles Tangora, attorney for Hunter Homes, Inc. stated that the developer would look into the request of Mr Sedestrom Vicki Hicks, 37578 S Sherwood Court, Livonia, 48154, stated that she is opposed to the rezoning of property located on the east side of Newburgh Road between Five Mile and Ladywood Roads (Petition 01-2-1-2) Charles Ryder, 37253 Ladywood, Livonia, 48154, spoke in favor of the rezoning of property located on the east side of Newburgh Road between Five Mile and Ladywood Roads (Petition 01-2-1-2) Gerald Smith, 37111 Ladywood, Livonia, 48154, spoke in favor of the rezoning of property located on the east side of Newburgh Road between Five Mile and Ladywood Roads, but wants lesser density and does not want the back end of the project to be facing Newburgh Road (Petition 01-2-1-2) Karen Jacovetti, 37164 Ladywood, Livonia, 48154, stated that she is opposed to the rezoning of property located on the east side of Newburgh Road between Five Mile and Ladywood Roads (Petition 01-2-1-2 ) A communication from the Department of Parks and Recreation, dated June 6, 2001, - Administrative Response - re the status of Sunset Park located east of Stamwich with Brookfield Drive dead ending into it, was received and placed on file for the information of the Council (CR 380-01) On a motion by Pastor, seconded by Duggan, and unanimously adopted, it was CR 406-01 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Brian J Meakin, 35220 Scone, Livonia, Michigan 48154, is hereby reappointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2004, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was 33052 CR 407-01 RESOLVED, that having considered a request from Council President Maureen Miller Brosnan in connection with the establishment of a public hearing date with respect to Petition 00-9- SN-13 by Acro Service Corporation requesting approval for signage for the office building located at 17187 Laurel Park Drive in the Southeast 1/4 of Section 7, the Council does hereby repeal and rescind Council Resolution 324-01 A report issued by Abbott, Nicholson, Quilter, Esshaki & Youngblood, P C , on behalf of the Livonia Public Schools, dated June 5, 2001, re further support of Livonia Public School's petition to rezone Rosedale Elementary School/Rosedale Center property for residential use, was received and placed on file for the information of the Council (Petition 00-8-1-15, as revised) During the audience communication portion of the agenda, Councilmember Duggan reminded everyone about Livonia "SPREE 51" to be held from June 19-24 on the grounds of Ford Field Councilmember Engebretson reminded everyone of the Garden Walk to take place at Greenmead Historical Village on June 23 from 10 00 a.m to 5.00 p m On a motion by Duggan, seconded by Pastor, and unanimously adopted, this 1,443rd Regular Meeting of the Council of the City of Livonia was adjourned at 8 55 p m , June 13, 2001 pZka4t, 7216 Joan McCotter, City Clerk