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HomeMy WebLinkAboutCOUNCIL MINUTES 2000-09-25 32553 MINUTES OF THE ONE THOUSAND FOUR HUNDRED TWENTY-FIFTH REGULAR MEETING OF SEPTEMBER 25, 2000 On September 25, 2000, 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, Joe Laura, Jack Engebretson and Maureen Miller Brosnan Absent: Val I Vandersloot Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk; Michael Slater, Director of Finance, 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 Walsh, and unanimously adopted, it was CR 710-00 RESOLVED, that the minutes of the 1,424th Regular Meeting of the Council held September 13, 2000 are hereby approved as submitted A communication from Marriott International, Inc., dated September 20, 2000, re Letter of Understanding between City of Livonia and HMC Diversified American Hotels, LP, owner and licensee located at 17100 North Laurel Park Drive, Livonia, which sets forth conditions for its request for a dance permit, was received and placed on file for the information of the Council (Agenda Item #3) 32554 A communication from the Engineering Division, dated September 21, 2000, re requirement that tie-ins to the sanitary sewer system be made within eighteen months of the sewer being available, was received and placed on file for the information of the Council (Agenda Item #9) On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 711-00 RESOLVED, that having considered a communication from Elizabeth Juntunen, Stockman for The Determined Renaissance of the American Singer (a canary bred for its song) through Grc'vth and Organization of the Novice, Chapter 22 of the American Singers Club, Inc (D R.A.G 0 N ), dated September 5, 2000, requesting permission to display 2' x 18" signs advertising their 19th annual show at the Holy Cross Lutheran Church to be conducted on Saturday, November 4, 2000, which signs would be installed on Friday, November 3, 2000, and removed at the conclusion of the show on November 4, 2000, at the following locations Number Location 1 Schoolcraft and Farmington (N E corner) 1 Schoolcraft and Middlebelt (N E corner) 1 8 Mile and Farmington (S W corner) 1 8 Mile and Merriman (S W corner) 1 8 Mile and Middlebelt (S W corner) 2 6 Mile and Farmington (S E and N W corners) 1 6 Mile and Inkster (N W corner) 4 6Mile and Merriman (NW , NE , SW and S E corners) 4 6 Mile and Middlebelt (N W , N E , S W and S E corners) The Council does hereby approve and grant this request in the manner and form herein submitted CR 712-00 RESOLVED, that having considered a letter from the National League of Cities, dated August 17, 2000, with regard to the Annual Business Meeting to be held in Boston, Massachusetts, on December 9, 2000, the Council does hereby designate Councilmember Joe Laura as the Official Representative and Voting 32555 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 CR 713-00 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 26, 2000, and the report and recommendation of the Chief of Police, dated August 28, 2000, in connection therewith, the Council does hereby recommend approval of the request from Marriott Diversified American Hotels, Limited Partnership (a Delaware Limited Partnership) and Marriott Hotel Services Inc. (a Delaware Corporation), to add CCMH Diversified LLC (a Delaware Limited Liability Company) as co- licensee in 1999 12 months Resort B-Hotel licensed business with Dance Permit; to change the name of Marriott Diversified American Hotels, Limited Partnership (a De!aware Limited Partnership) to HMC Diversified American Hotels, L P (a Delaware Limited Partnership); to request a new official permit (Food) (Step II), and to add three (3) additional portable bars for a business located at 17100 Laurel Park, Livonia, Michigan 48152 Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 714-00 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated August 31, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting approval of grant classifications and pay rates for fiscal year 2001, the Council does hereby approve of the attached grant classifications and compensation plan for staff employment for Fiscal Year 2001 through the Department of Community Resources for the period October 1, 2000, through September 30, 2001, with the only benefit provided being holiday pay after the completion of 480 hours CR 715-00 RESOLVED, that having considered a communication from Councilmember Joe Laura, dated September 19, 2000, the Council does hereby refer the matter of a possible new franchise with Media One to secure cable television and local telephone service to the Administration for its report and recommendation CR 716-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks Recreation, dated September 11, 2000, which bears the signature of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, to which is attached a proposed Sublease Agreement for Eddie Edgar Arena between the City of Livonia and the Livonia 32556 Hockey Association, for a period of three years commencing September 1, 2000 in the case of the concession stand and, for the balance of the Arena, on August 1, 2001, through July 31, 2006, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Agreement, subject to approval as to form by of the Department of Law, as well as to do all other things necessary or incidental to the full performance of this resolution CR 717-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated September 11, 2000, 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 2525-00, adopted on September 5, 2000, wherein the Commission has recommended an increase in fees and charges and the establishment of interim fees for various programs at the Livonia Community Recreation Center, as per the attached schedule, the Council does hereby approve the recommended increases in fees and charges and the establishment of interim fees for various programs in connection with the aforesaid communication CR 718-00 RESOLVED, that having considered a communication from the Department of Law, dated September 6, 2000, approved for submission by the Mayor, and to which is attached a proposed amendment to the lease agreement between the City of Livonia and Hegira Programs, Inc. extending the existing lease for a period of one year commencing October 1, 2000 through September 30, 2001, based upon the same terms and conditions as those which are set forth in an agreement dated October 14, 1999, authorized by Council Resolution 674-99, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Amendment No 2 to the Lease Agreement, subject to approval as to form by of the Department of Law, as well as to do all other things necessary or incidental to the full performance of this resolution CR 719-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated August 30, 2000, which bears the signature of the Director of Finance, is approved by the Chairman of the Water and Sewer Board and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Sunset Excavating, Inc., 12641 Stark Road, Livonia, Michigan 48150, for completing all work required in connection with the installation of sanitary sewer extensions on Sunset Avenue, south of Pickford Avenue, in the 32557 Northwest 1/4 of Section 11, for the estimated total cost of $124,734 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 appropriate and authorize the expenditure of a sum not to exceed $124,734 00 from the Unexpended Fund Balance of the Water and Sewer Fund for this purpose, with the understanding that such fund shall be reimbursed at such time as future bond proceeds become available, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 720-00 RESOLVED, that having considered a communication from the City Planning Commission, dated August 30, 2000, which transmits its resolution 8-164-2000, adopted on August 29, 2000, with regard to Petition 00-8-SN-12, submitted by American General, requesting approval for signage for the commercial building located at 19618 Middlebelt Road in the Southwest 1/4 of Section 1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-8-SN-9-12 is hereby approved, subject to the following conditions 1 That the Sign Package as prepared by General Sign Company, dated May 8, 2000, for a sign having a maximum area of 21 96 sq ft., is hereby approved and shall be adhered to, 2 That the window sign shall be removed unless a variance is granted by the Zoning Board of Appeals, 3 That the wall sign shall not be illuminated after 7 00 p m , and 4 That any additional signage shall come back before the Planning Commission and City Council for their review and approval CR 721-00 RESOLVED, that having considered a communication from the City Planning Commission, dated August 30, 2000, which transmits its resolution 8-158-2000, adopted on August 29, 2000, with regard to Petition 00-7-2-26, submitted by Jeff Williams of Playworld Amusements, on behalf of the Livonia Rotary Club, requesting waiver use approval to conduct a carnival consisting of 32558 rides, games and food concessions to be held on October 6, 7 and 8, 2000, in the parking lot of the Wonderland Mall located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 00-7-2-26 is hereby approved and granted, subject to the following conditions 1 That the carnival shall be limited to the dates as specified by Playworld Amusements, which are October 6, 2000, through October 8, 2000, inclusive, 2 That the proposed carnival operation shall be confined to the area as illustrated on the site plan submitted with this request; 3 That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at least 60 feet distant from the Plymouth Road right-of-way line, 4 That all trucks and other transportation-related vehicles and equipment and temporary housing quarters for security personnel only shall be parked or stored within the southwesterly portion of the Wonderland Mall parking lot, but no closer than 200 feet from the adjacent residential properties to the south, 5 That there shall be no motors running on the stored trucks during late hours, especially between 11 00 p m to 7 00 a m , including motors on any refrigeration trucks, 6 That the hours of operation of the carnival shall be as stated in a letter dated July 10, 2000, from Jeff Williams, Routing Director of Playworld Amusements, which have been approved by the Police Department; and 7 That unobstructed access to any hydrants within the carnival area shall be provided for the Fire Department. CR 722-00 RESOLVED, that the Council does hereby refer the subject of carnivals consisting of rides, games and food concessions to the Committee of the Whole for its report and recommendation 32559 CR 723-00 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Wednesday, November 15, 2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 00-5-1-10, submitted by Leo Soave Building Company, Inc., for a change of zoning of property located south of Five Mile Road between Santa Anita and Cavell Avenues in the Northeast 1/4 of Section 24, from RUF to R-2, the City Planning Commission in its resolution 8-168-2000 having reuornmended to the City Council that Petition 00-5-1-10 be approved, and FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution CR 724-00 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Wednesday, November 15, 2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items a) Petition 00-5-6-3, submitted by the City Planning Commission, pursuant to Council Resolution 164-98, to i determine whether or not to amend Section 18 47, Special Area Development Control, of the Zoning Ordinance so as to 16.0 32560 include the area surrounding Millennium Park in a new control zone in portions of Sections 23, 24, 25 and 26, the City Planning Commission in its resolution 8-162-2000 having recommended to the City Council that Petition 00-5- 6-3 be approved, and b) Petition 00-5-6-4, submitted by the City Planning Commission, pursuant to Council Resolution 351-00, to determine whether or not to amend Section 27 10 and Section 27 09A of the Zoning Ordinance, Enclosed Parking Standards in the R-8 and R-8C (High Rise Multiple Family Residential and Condominium High Rise Multiple Family Residential) Zoning Districts so that the number of covered parking spaces will be based on numbers and types of dwelling units rather than as a percentage of the total number of parking spaces required, the City Planning Commission in its resolution 8-163-2000 having recommended to the City Council that Petition 00-5-6-4 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Walsh, Pastor, Duggan, Laura, Engebretson and Brosnan NAYS None A report from the Capital Improvement Committee held on September 7, 2000, re Construction Manager issues involved with an all- 32561 season sports complex and the withdrawal of architect from same, was received and placed on file for the information of the Council (CR 402-96) A communication from the Department of Law, dated September 14, 2000, re the delay of an appraisal of City-owned property at 19323 and 19337 Farmington Road because of an emergency warning siren located at this site (former Fire Station), was received and placed on file for the information of the Council (CR 627-00) (Petition 99-10-1-16) A communication from the Department of Law, dated September 15, 2000, re the protective wall between Seven Mile/Farmington K-Mart and the adjoining residences, was received and placed on file for the information of the Council (CR 628-00) (Petition 99-10-1-16) Councilmember Walsh took from the table for second reading and adoption 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 CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 99-10-1-16) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Walsh, Laura, Engebretson and Brosnan NAYS Pastor and Duggan The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Duggan took from the table for second reading and adoption the following Ordinance 32562 AN ORDINANCE AMENDING SECTION 25 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 00-4-1-6). A roll call vote was taken on the foregoing Ordinance with the following result: AYES Walsh, Pastor, Duggan, Laura, Engebretson and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Duggan took from the table for second reading and adoption the following Ordinance AN ORDINANCE ADDING CHAPTER 96 (ELECTRIC FRANCHISE) TO TITLE 5 OF THE APPENDIX OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Walsh, Pastor, Duggan, Laura, Engebretson and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication An e-mail communication from Bernard A. Skotzke, 9967 Cavell, Livonia, 48150 re wetlands and debris on north side of Plymouth Road east of Farmington Road (the former Mai-Kai theater location) related to a request for additional appropriation from Plymouth Road Development Authority funds, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Pastor, and unanimously 32563 adopted, it was CR 725-00 RESOLVED, that having considered the report and recommendation of the Chairman and Director of the Plymouth Road Development Authority, dated August 29, 2000, requesting an additional appropriation to cover the costs for Capital Outlay items incurred during this fiscal year for projects on Plymouth Road, the Council does hereby appropriate the additional sum of $2,000,000 00 from the Unexpended Fund Balance of the Plymouth Road Development Fund 262 for this purpose On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 726-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated August 31, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding additional work required in connection with the contract for the resurfacing of Plymouth Road from Inkster Road to Farmington Road, previously authorized in Council Resolution 770-99, adopted on November 10, 1999, the Council does hereby appropriate and authorize the expenditure of the additional sum of $35,698 30 from the General Obligation Road Improvement Bond Issue to be paid to the Michigan Department of Transportation, Attention - Finance Center, P 0 Box 30648, Lansing, Michigan 48909, for this additional work. On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 727-00 RESOLVED, that having considered a communication from the City Planning Commission, dated August 31, 2000, which transmits its resolution 8-166-2000 adopted on August 29, 2000, requesting approval of the Landscape Plan in connection with Petition 00-5-2-21 submitted by The Ivanhoe Companies, which received waiver use approval pursuant to CR 541-00 to construct a Planned Residential Development (Newburgh Park Condominiums) on property located on the west side of Newburgh Road between Pembroke Avenue and St. Martins Avenue (19753 Newburgh Road) in the Southeast 1/ 4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission, and the landscape plan in connection with Petition 00-5-2-21 is hereby approved and granted, subject to the following conditions 32564 1 That the Landscape Plan for Newburgh Park, identified as Rev Job No LP & LS 8 00 79B, dated August 15, 2000, as prepared by Calvin Hall & Associates, is hereby approved and shall be adhered to, 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 3 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, and 4 All parking spaces shall be 10' x 20' instead of 9'x 20' as shown on the plan A fax communication from Marvin Walkon and Ivanhoe Companies, dated September 25, 2000, re Newburgh Park Condominiums and its proposed Landscape Plan related to fencing for property located at 19753 Newburgh Road, was received and placed on file for the information of the Council (Petition 00-5- 2-21) Kevin Christensen, representing petitioner Ivanhoe Companies, was present to answer questions of the Council On a motion by Duggan, seconded by Engebretson, it was CR 728-00 RESOLVED, that having considered a communication from Councilmember Brian Duggan, dated September 12, 2000, with regard to Petition 00-1-SN-1, submitted by the University of Phoenix, requesting approval for signage for the commercial building located at 17740 Laurel Park Drive North in the Southeast 1/4 of Section 7, the Council does hereby repeal and rescind Council Resolution 296-00 A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Pastor, Duggan, Engebretson, and Brosnan NAYS Laura 32565 The President declared the resolution duly adopted On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 729-00 RESOLVED, that having considered a communication from the City Planning Commission, dated March 14, 2000, which transmits its resolution 2-46-2000, adopted on February 29, 2000, with regard to Petition 00-1-SN-1, submitted by the University of Phoenix, requesting approval for signage for the commercial building located at 17740 Laurel Park Drive North in the Southeast 1/4 of Section 7, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 00- 1-SN-1 is hereby approved subject to the following conditions 1 That the Sign Package prepared by Fastsigns, as received by the City Council on September 12, 2000, is hereby approved and shall be adhered to, 2 That this wall sign shall not be illuminated between the hours of midnight and 5.00 a m , 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, 4 That this approval is subject to the petitioner being granted a variance by the Zoning Board of Appeals for tenant identification and any conditions related thereto, 5 That the sign shall be moved to the middle of the building, and 6 That the total area of the sign shall not exceed 90 sq ft. A communication from Schostak Brothers & Company, 25800 Northwestern Highway, Suite 750, Southfield, 48075, dated September 19, 2000, re clarification of proposed signage for the University of Phoenix, Laurel Park Place Office Complex, 17740 Laurel Park Drive North, Livonia, 48152, was 32566 received and placed on file for the information of the Council (Petition 00-1-SN- L1) On a motion by Engebretson, seconded by Duggan, and unanimously adopted, it was CR 730-00 WHEREAS, September 25, 2000, at 3 30 o'clock p m , Eastern Daylight Time, has been set as the date and time for opening bids for the purchase of the Issuer's $5,000,000 Water Supply and Wastewater System Revenue Bonds, Series 2000; AND WHEREAS, said bids have been publicly opened and read, AND WHEREAS, the bids attached hereto and made a part hereof have been received AND WHEREAS, the bid of Stephens, Inc. has been determined to produce the lowest interest cost to the Issuer NOW, THEREFORE, BE IT RESOLVED THAT 1 The bid of Stephens, Inc., as above stated, be and the same is hereby accepted 2 Checks of the unsuccessful bidders be returned to each bidder's representative or by registered mail 3 The Issuer hereby covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exclusion of the interest on the Bonds from adjusted gross income for general federal income tax purposes under the Internal Revenue Code of 1986, as amended (the "Code"), including, but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of Bond proceeds and moneys deemed to be Bond proceeds 4 The publication by the City Clerk of the Notice of Sale for the Bonds in the Bond Buyer, New York, New York is hereby approved and ratified 5 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded 32567 A communication from the Department of Finance, dated September 25, 2000, re the acceptance of a bid from Stephens, Inc. for $5,000,000 City of Livonia Water and Sewer Revenue Bonds, Series 2000,with a net interest cost of 5 3515%, was received and placed on file for the information of the Council Mr Dennis Neiman, representative from Miller, Canfield, Paddock & Stone, was present at the meeting to answer questions of the Council regarding the issuance of the $5,000,000 Water and Sewer Bonds On a motion by Duggan, OCUVI dad by Engebretson, it was CR 731-00 RESOLVED, that having considered a communication from Rocky Zebari, on behalf of Country Style Market, received in the Office of the City Clerk on June 1, 2000, 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 May 25, 2000, by the City Planning Commission in its resolution 5-109-2000 with regard to a request submitted by Country Style Market, in connection with Petition 00- 4-SN-4, for approval for signage for the commercial property located at 19618 Middlebelt Road in the Southwest 1/4 of Section 1, the Council does hereby approve and grant Petition 00-4-SN-4, subject to the following conditions 1 That the Revised Plan for the monument sign submitted by Rocky Zebari, as received by the City Clerk's Office on September 25, 2000 (Rendering "A" for Country Style Plaza), is hereby approved and shall be adhered to, 2 That before any sign permits are issued for this store, the applicant shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in the correspondence dated April 24, 2000 - That the problems and site deficiencies outlined in correspondence from the Inspection Department dated March 11, 1999, shall be corrected, - That the dryvit shall be placed on the full width of the canopy fascia on the front of the building and continued 32568 along the top five (5') feet the full extent of the south elevation, - That the landscaping on the site shall be cleaned up and brought to a healthy condition, 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Duggan, Laura, Engebretson, and Brosnan NAYS Pastor The President declared the resolution duly adopted Sign Renderings "A" and "B" from petitioner Rocky Zebari, dated September 25, 2000, re request for signage at the commercial building located at 19618 Middlebelt Road in the southwest 1/4 of Section 1, was received and placed on file for the information of the Council (Petition 00-4-SN-4) On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was CR 732-00 RESOLVED, that having considered a letter dated September 11, 2000, from Stella Evangelista, MD, President, J & S Evangelista Development, wherein it is requested that the public hearing date for Petition 00-5-1-9 originally scheduled for October 4, 2000, be rescheduled for a later date, the Council does hereby amend and revise Council Resolution 601-00 so as to have the same read as follows RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Wednesday, October 4, 2000, 32569 at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 00-4-1-8, submitted by Leo Soave Building Company, Inc., for a change of zoning of property located on the south side of Morlock Road between Parkville Avenue and Maplewood Avenue in the Southeast 1/4 of Section 14 from RUF to R-2, the City Planning Commission in its resolution 7-135-2000 having recommended to the City Council that Petition 00-4-1-8, as amended by the petitioner with respect to Lot 395c only, be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A communication from Stella Evangelista, JS Evangelista Development Company, dated September 11, 2000, re rescheduling a Public Hearing on a request to rezone property located on the west side of Farmington Road between Orangelawn Avenue and Plymouth Road from RUF to OS, was received and placed on file for the information of the Council (Petition 00-5-1-9) On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 733-00 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the 32570 City Council of the City of Livonia on Wednesday, November 15, 2000, at 7.00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 00-5-1-9, submitted by J & S Evangelista Development Company, for a change of zoning of property on the west side of Farmington Road between Orangelawn Avenue and Plymouth Road in the Northeast 1/4 of Section 33 from RUF to OS, the City Planning Commission in its resolution 7-141-2000 having recommended to the City Council that Petition 00-5-1-9 be denied, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, andlor (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution On a motion by Engebretson, seconded by Pastor, it was CR 734-00 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated July 12, 2000, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by U S Xchange of Michigan, L.L C , and the Council having conducted a public hearing with regard to this matter on Wednesday, September 6, 2000, pursuant to Council Resolution 548-00, the Council does hereby approve said application and does hereby grant a Telecommunications Permit to U S Xchange of Michigan, LLC , subject to the following conditions 1 That permittee shall submit engineering plans showing all existing features and the exact proposed location for buried cable within any public right-of-way under the jurisdiction of the City of Livonia prior to the issuance of a construction permit; 32571 2 That appropriate construction bonds in amounts established by the City Engineer shall be posted prior to issuance of a construction permit; 3 That permitee shall pay the annual fees set forth in Council Resolution 283-00 for use of the public rights-of-way; and 4 Considering the Engineering Division's additional information, dated September 8, 2000, all cables shall be buried at the Plymouth Road crossing and at any other location along the proposed route when requested by the City, at no expense to the City A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Pastor, Laura and Engebretson NAYS Duggan and Brosnan The President declared the resolution duly adopted A communication from the Engineering Division, dated September 8, 2000, re placement of overhead wires in the Newburgh Road corridor not hir conflicting with Plymouth Road Development Authority in connection with a telecommunications permit from U S Xchange of Michigan, L L C , was received and placed on file for the information of the Council A communication from the Livonia Engineering Division to Detroit Edison dated September 8, 2000, re number of wires that can be placed on existing utility poles along Newburgh Road related to issues with a telecommunications permit from U S Xchange of Michigan, L L C , was received and placed on file for the information of the Council Council President Brosnan congratulated Sheila Taormina on her performance in the triathlon at the Summer Olympics 32572 On a motion by Engebretson, seconded by Pastor, and unanimously adopted, this 1,425th Regular Meeting of the Council of the City of Livonia was adjourned at 8 42 p m , September 25, 2000 Jo McCotter, City Clerk