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HomeMy WebLinkAboutCOUNCIL MINUTES 1999-08-30 31811 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND NINETY-NINTH REGULAR MEETING OF AUGUST 30. 1999 On August 30, 1999, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Duggan delivered the invocation Roll was called with the following result: Brian Duggan, Joe Laura, Maureen Miller Brosnan, John J Walsh, Val I Vandersloot, John R. Pastor, and Jack Engebretson Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; Mark Toarmina, City Planner; Robert Schron, City Engineer; Joan McCotter, City Clerk, Mary Rutan, Personnel Director; Karen Szymula, Director of Legislative Affairs, Jeff Bryant, Economic Development Manager On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #586-99 RESOLVED, that the minutes of the 1,398th Regular Meeting of the Council held August 16, 1999 are hereby approved as submitted During an audience communication, William Disler, 34624 Fairfax, Livonia, requested approval for a block party on September 12, 1999, due to time constraints On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #587-99 RESOLVED, that having considered an application from William Disler, 34624 Fairfax, dated August 26, 1999, requesting permission to close Fairfax Court at Laurel on Sunday, September 12, 1999 from 2 00 p m to 8 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 19, 31812 1999, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. Anna Hurley, 18481 Glastonbury, also requested approval for a block party to be held on September 11, 1999, due to time constraints On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was #588-99 RESOLVED, that having considered an application from Anna Hurley, 18481 Glastonbury Drive, dated August 24, 1999, requesting permission to close Glastonbury between Caliburn & Glengarry on Saturday, September 11, 1999 from 4 00 p.m. to 10 00 p m , for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. On a motion by Laura, seconded by Duggan, and unanimously adopted, it was #589-99 RESOLVED, that the Council does hereby request a report and recommendation from the Inspection Department re alleged deficiencies in the landscaping at Lutheran Heritage Village located north of Silver Village On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was. #590-99 RESOLVED, that the Council does hereby request a report and recommendation from the Inspection Department re propriety of parking cars in the right-of-way in front of Tennyson Chevrolet located at 32570 Plymouth Road, Livonia, Michigan Mayor Jack E Kirksey offered his comments to the Council on Livonia being awarded first place as the best City in the nation to raise a family A communication from the Department of Law, dated August 4, 1999 re Haggerty Road Investments Limited Partnership v City of Livonia, Wayne County Circuit Court Case No 97-704651 AW was received and placed on file for the 31813 information of the Council A communication from the Department of Law, dated August 12, 1999, re. Livonia Volkswagen, Inc. v City of Livonia and City of Livonia Zoning Board of Appeals. Wayne County Circuit Court Case No 97-739795 AA, was received and placed on file for the information of the Council A communication from the Department of Law, dated August 13, 1999, re Pines of Winfield/Whispering Pines restoration costs, was received and placed on file for the information of the Council (CR 423-99) A communication from the Engineering Division, dated August 25, 1999, re status of Rosedale Gardens Paving Project was received and placed on file for the information of the Council (CR 575-99) On a motion by Duggan, seconded by Brosnan, it was #591-99 RESOLVED, that having considered an application from Mary Ennis, 14163 Ingram, dated August 10, 1999, requesting permission to close Ingram between Perth and Berwick on Saturday, September 11, 1999, from 2 30 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 12, 1999, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #592-99 RESOLVED, that having considered an application from Barbara Freeman and Marlene Casler, 11426 Berwick,,dated August 23, 1999, requesting permission to close Berwick between Plymouth Road and Elmira on Saturday, September 11, 1999, from 10 00 a m to 8 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #593-99 RESOLVED, that having considered a request from Councilmember Joe Laura regarding the installation of a "Slow, Children Playing" sign on Hillcrest, south of Seven Mile Road, the Council does 31814 hereby refer this item to the Traffic Commission for its report and recommendation #594-99 RESOLVED, that having considered a letter from Jennifer R. Boros, Chairperson of the Sacred Heart Byzantine Catholic Church Craft Show, dated August 5, 1999, which requests permission to place nineteen 20" x 20" signs announcing the Sacred Heart Craft Show to be held on Saturday, October 16, 1999, which signs shall be installed on October 8, 1999, at the following intersections Middlebelt Road Southwest corners of Eight Mile, Seven Mile and Six Mile Roads Southeast corner of Five Mile Road Northwest corner of Five Mile Road Northeast corners of Seven Mile and Six Mile Roads Merriman Road. Southeast corners of Eight Mile, Seven Mile and Six Mile Roads Southwest corners of Six Mile and Five Mile Roads Northeast corner of Five Mile Road Northwest corner of Seven Mile Road Inkster Road Southwest corners of Seven Mile and Five Mile Roads Northwest corners of Six Mile and Five Mile Roads Southeast corner of Six Mile Road and all signs to be removed no later than October 17, 1999, the Council does hereby grant and approve this request in the manner and form herein requested #595-99 RESOLVED, that having considered a letter from Jennifer R. Boros, Chairperson, representing the Sacred Heart Byzantine Catholic Church, dated August 11, 1999, which requests permission to place eleven 20" x 20" signs announcing the Sacred Heart Mom-to-Mom Sale to be held on Saturday, September 25, 1999, which signs shall pe installed on September 17, 1999, at the following intersections Middlebelt Road Southwest corners of Eight Mile, Seven Mile and Six Mile Roads Southeast corners of Five Mile Road and Six Mile Roads Northwest corners of Five Mile Road and Six Mile Roads Northeast corners of Seven Mile'and Six Mile Roads 31815 Inkster Road. Southwest corner of Six Mile Northwest corner of Six Mile Road and all signs to be removed no later than September 26, 1999, the Council does hereby grant and approve this request in the manner and form herein requested #596-99 RESOLVED, that having considered a letter from Jeffry A. Campeau, representing the Livonia Jaycees, dated August 12, 1999, which requests permission to place twenty 24" x 36" signs announcing the Livonia Jaycees Annual Haunted House to be held October 7 - 30, 1999, in the Wal-Mart parking lot at Middlebelt and Schoolcraft, which signs shall be installed on October 6, 1999, at the following intersections Eight Mile and Merriman (Southwest) Seven Mile and Middlebelt (Northeast) Six Mile and Inkster (Southwest) Schoolcraft and Inkster (Northwest) Plymouth and Inkster (Southwest) Joy and Inkster (Northwest) Joy and Merriman (Northeast) Plymouth and Merriman (Northwest) Schoolcraft and Merriman (Northeast) Schoolcraft and Middlebelt (Northeast) Plymouth and Middlebelt (Northeast) Five Mile and Middlebelt (Southwest) Joy and Newburgh (Northeast) Plymouth and Newburgh (Northeast) Six Mile and Newburgh (Northeast) Five Mile and Levan (Northwest) Schoolcraft and Levan (Northeast) Five Mile and Farmington (Southeast) Six Mile and Farmington (Northwest) Seven Mile and Farmington (Northeast) and all signs to be removed no later than November 1, 1999, the Council does hereby grant and approve this request with the understanding that no more than twenty (20) signs shall be installed #597-99 RESOLVED, that having considered correspondence from the Chairperson of the Livonia Historical Commission and the Director of Community Resources, dated August 3, 1999;approved for submission by the Mayor, to which is attached a letter from Jane Soltesz, President of the Livonia Historical Society, dated August 2, 1999, which request permission to place two banner signs (7' x 3' and 5' x 3') on the fencing at 31816 Greenmead and 66 signs (25" x 15") at all major intersections of the City announcing the Flea Market to be held September 12, 1999 at Greenmead, which signs shall be installed on September 1, 1999, and removed no later than September 13, 1999, the Council does hereby grant and approve this request in the manner and form herein submitted. #598-99 RESOLVED, that having considered letters from the Michigan Liquor Control Commission, dated May 10, 1999, and a report and recommendation from the Chief of Police, dated August 4, 1999, approved for submission by the Mayor Pro Tern, in connection with a request from Lebbos Enterprises, Inc. for transfer of ownership of a 1999 SDM licensed business from Elias D Lebbos and Neaman Y Leobbos (Step 1) and a request from Valia, Inc. to transfer ownership of a 1999 SDM licensed business from Lebbos Enterprises, Inc. (Step 2) for a business located at 36274 Five Mile Road, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation #599-99 RESOLVED, that having considered a communication from the Personnel Director, dated August 13, 1999, which bears the signature of the Director of Finance and approved for submission by the Mayor, and which sets forth a resolution adopted by the Civil Service Commission on August 12, 1999, and which recommends certain salary and fringe benefit adjustments for Administrative, Professional, Exempt and Confidential Classifications, for the period December 1, 1998 through November 30, 2001, which are as follows WAGE ADJUSTMENTS 12/01/98 - 11/30/99 3% (Retroactively applied) 12/01/99 - 11/30/00 3% 12/01/00 - 11/30/01 3% LONGEVITY PAY Remain as is HOSPITALIZATION. Will be consistent with AFSCME Local 192 Contract, which remains unchanged except to add to the BCBS PPO plan riders for hospice (HCB), bone marrow transplants (SOCT) and provisions for mammograms, which will also be extended to retirees DENTAL. Consistent with AFSCME Local 192 Contract, a total of $1,650 is available to be used at anytime during the period December 1, 1998 through 31817 November 30, 2001 In addition, any unused portion from December 1, 1997 through November 30, 1998 may be used in the first year of this contract period of December 1, 1998 to November 30, 1999 OPTICAL PLAN The current plan and provisions will be continued LIFE INSURANCE FOR RETIREES: Effective December 1, 1998, increased to $5,000 00 for employees for who retire on or after that date SICKNESS AND ACCIDENT BENEFIT: Effective the AFSCME Local 192 Contract ratification date, July 20, 1999. Increased to $200 00 per week. PENSIONS Effective the AFSCME Local 192 Contract ratification date, July 20, 1999. Employees may retire at 55 years of age and 10 years of service or 30 years of service to the City regardless of age Defined Contribution and Defined Benefit cannot be changed for six years, namely, until November 30, 2004 the Council does hereby concur in and approve of the aforesaid action in the manner and form herein submitted #600-99 RESOLVED, that having considered a communication from the Mayor, dated July 29, 1999, which recommends certain salary and fringe benefit adjustments for Appointed Department Head Classifications, for the period December 1, 1998 through November 30, 2001, which are as follows WAGE ADJUSTMENTS 12/01/98 - 11/30/99 3% (Retroactively applied) 12/01/99 - 11/30/00 3% 12/01/00 - 11/30/01 3% LONGEVITY PAY Remain as is 31818 HOSPITALIZATION: Will be consistent with AFSCME Local 192 Contract, which remains imp unchanged except to add to the BCBS PPO plan riders for hospice (HCB), bone marrow transplants (SOCT) and provisions for mammograms, which will also be extended to retirees DENTAL. Consistent with AFSCME Local 192 Contract, a total of$1,650 is available to be used at anytime during the period December 1, 1998 through November 30, 2001 In addition, any unused portion from December 1, 1997 through November 30, 1998 may be used in the first year of this contract period of December 1, 1998 to November 30, 1999 OPTICAL PLAN The current plan and provisions will be continued LIFE INSURANCE FOR RETIREES: Effective December 1, 1998, increased to $5,000 00 for employees for who retire on or after that date SICKNESS AND ACCIDENT BENEFIT. Effective the AFSCME Local 192 Contract ratification date, July 20, 1999• Increased to $200 00 per week. PENSIONS Effective the AFSCME Local 192 Contract ratification date, July 20, 1999 Employees may retire at 55 years of age and 10 years of service or 30 years of service to the City regardless of age Defined Contribution and Defined Benefit cannot be changed for six years, namely, until November 30, 2004 the Council does hereby concur in and approve of the aforesaid action in the manner and form herein submitted #601-99 RESOLVED, that having considered the report and recommendation of the Information Systems Manager and the Director of Finance, dated August 13, 1999, approved for submission by the Mayor, the Council does hereby accept the bid of Peripheral Vision, 39201 Schoolcraft Road, Livonia, Michigan 48150, for providing the Information Systems Department with computer software upgrades consisting of 110 31819 licenses for Microsoft Office Professional 2000 for the total amount of $25,913 10, the same having been in fact the lowest bid received which meets all specifications, and the bid of Insight is hereby rejected for the reasons indicated in the attachment; and the Information Systems Manager is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with the aforesaid bidder and to do all things necessary or incidental to the full performance of this resolution #602-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated August 9, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with respect to the Stonehouse and Lamont Pavement and Storm Sewer Project, the Council does hereby determine to reject all bids received on May 25, 1999, and to have this project rebid on January 14, 2000, then scheduled for a second Public Hearing on confirmation of the special assessment roll, the Council further resolves to delay the accrual of interest on the previously confirmed roll until such time as the City Engineer certifies in writing to the Treasurer's office that the improvements are substantially complete A communication from the Planning Director, dated August 16, 1999, and the color renderings of building elevations, re Petition 98-3-8-9 for the Town Place Suites (Hotel) to be located at 17450 Fox Drive in the Southwest 1/4 of Section 7, received by the Planning Commission on August 13, 1999, were received and placed on file for the Information of the Council (CR 423-98) #603-99 RESOLVED, that having considered a communication from the Planning Director, dated August 16, 1999, approved for submission by the Mayor, in connection with Petition 98-3-8-9 submitted by CSM Corporation, which petition was previously approved by Council Resolution 423-98, the Council does hereby approve the revised colored rendering of the south (front) elevation of the building, received by the Planning Department on August 13, 1999, which shows the proposed brick colors, including a dark brown "accent" band on the first floor and a lighter colored brown on the two upper stories, in connection with the construction of a hotel on property located at 17450 Fox Drive in the Southwest 1/4 of Section 7 #604-99 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as 31820 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 20, 1999, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 99-6-1-8, submitted by Leo Soave Building Company, for a change of zoning of property located on the north side of Ann Arbor Trail between Stark and Farmington Roads in the Southeast 1/4 of Section 33, from RUE to R-1B, the City Planning Commission in its Resolution 8-144-99 having recommended to the City Council that Petition 99-6-1-8 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 #605-99 RESOLVED, that having considered a communication from Nextel Communications, dated August 11, 1999, 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 August 10, 1999, by the City Planning Commission in its resolution 8-146-99 with regard to Petition 99-7-2-22 submitted by Nextel West Corporation requesting waiver use approval to install a 150' wireless communications antenna for shared usage, and its accompanying equipment shelter, to be located on the east side of Sunset Avenue between Robert Avenue and West Chicago Road (within Devon-Aire Park) in the Northwest 1/4 of Section 35, which property is zoned PL, the Council does hereby designate Wednesday, October 20, 1999, at 7 00 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 31821 in Ordinance 543, as amended, the Zoning Ordinance of the City of £ Livonia #606-99 RESOLVED, that having considered a communication from Tech Express Corporation, on behalf of 7-Eleven, Inc., dated August 19, 1999, 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 August 10, 1999, by the City Planning Commission in its resolution 8-147-99 with regard to Petition 99-7-2-23 submitted by 7-Eleven, Inc. requesting waiver use approval to operate a convenience store with an SDM license on property located on the northwest corner of Five Mile and Levan Roads in the Southwest 1/4 of Section 17, which property is zoned C-1, the Council does hereby designate Wednesday, October 20, 1999, at 7.00 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: Duggan, Laura, Brosnan, Walsh, Vandersloot, Pastor and Engebretson NAYS None A report and recommendation of the Department of Law, dated August 4, 1999, re various provisions of the sign regulations set forth in the Zoning Ordinance and the applicability of same to the Sign Permit Application by Laurel Pointe, LLC for the office/retail building at 17000 Laurel Park Drive in the Northeast 1/4 of Section 8 was received and placed on file for the information of the Council (CR 414-99) A communication from Michael A. Boggio Associates, dated August 9, 1999, regarding Alternate Design and Locations for a Sign Permit Application by Laurel Pointe, LLC for the office/retail building at 17000 Laurel Park Drive in the Northeast 1/4 of Section 8 was received and placed on file for the information of the Council (CR 414-99) 31822 A communication from Bill Madden, dated July 26, 1999, re revised signage drawings for the Sign Permit Application by Laurel Pointe, LLC for the office/retail building at 17000 Laurel Park Drive in the Northeast 1/4 of Section 8 was received and placed on file for the information of the Council (CR 414-99) On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #607-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 10, 1999, submitted pursuant to Council Resolution 414-99, and having considered a communication from the City Planning Commission, dated May 12, 1999, which transmits its resolution 5-82-99, adopted on May 4, 1999, with regard to a Sign Permit Application, submitted by Laurel Pointe, L.L.0 , requesting approval for signage for the office/retail building located at 17000 Laurel Park Drive in the Northeast 1/4 of Section 8, the Council does hereby concur in part in the recommendation of the Planning Commission and approves the said Sign Permit Application, subject to the following conditions 1 That the revised Master Sign Package submitted by Laurel Pointe, LLC, as received by the Planning Commission on August 19, 1999, is hereby approved and shall be adhered to except as otherwise noted below; 2 That the signs be placed on the north elevation with Kinko's sign stacked with "open 24 hours" under the name "Kinko's", 3 That there be permitted one (1) freestanding directory sign on the island at the west entrance to the parking lot; 4 That the directory sign on-site be a maximum of 6' in height; 5 That there will be no signs on the west elevation of the building, and 6 That the unidentified "Tenant No 4" sign on the north elevation of the building shall be reviewed and approved by the Planning Department prior to being installed On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was 31823 #608-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 10, 1999, and the report and recommendation from the Department of Law, dated August 4, 1999, the Council does hereby refer the issues of signs on multiple stories of buildings and a better definition of"major thoroughfares" in connection with signs on buildings at corner locations to the Planning Commission for its report and recommendation A communication from the Law Department, dated June 11, 1999, re. Liquor License Request— Mesquite Inc , 13800 Middlebelt, Livonia, was received and placed on file for the information of the Council. On a motion by Brosnan, seconded by Laura, it was. RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 10, 1999, submitted pursuant to Council Resolution 160-99, a letter from the Michigan Liquor Control Commission, dated June 11, 1998, and the report and recommendation of the Chief of Police, dated February 26, 1999, in connection therewith, regarding a request from Mesquite, Inc. to drop Leo Burton, deceased, as stockholder in 1998 Class C licensed business with Official Permit (Food) and Sunday Sales Permit through transfer of his 928 shares back to the corporation, for a business located at 13800 Middlebelt, Livonia, Michigan, Wayne County, the Council does hereby recommend denial of this request due to petitioner's failure to maintain a less than a majority of the originally issued stock of the corporation as previously agreed, and petitioner's failure to demonstrate a sufficient amount of experience to operate petitioner's business without the assistance of a more seasoned restaurateur; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission John Hamilton, 47519 Six Mile Road, Northville, Michigan, father of Mike Hamilton (owner of Mesquite, Inc ) stated that the State requires the stock be returned to the corporation if there is a minority stockholder Brosnan and Laura withdrew their motion on the foregoing resolution At the direction of the Chair, Item #15 b, re the request from Mesquite, Inc. to drop Leo Burton, deceased, as stockholder in a 1998 Class C licensed business with Official Permit (Food), was postponed until the next Regular Meeting of 9/15/99 31824 Proposed Site Plan Sheet#C-1, Proposed Landscape Site Plan Sheet #C-2 and Elevations Sheet#A-3, revised July 28, 1999, pursuant to Petition 99-3-8-12, submitted by Baki's Unique Homes, were received and placed on file for the information of the Council (CR 385-99) On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was #609-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 10, 1999, submitted pursuant to Council Resolution #385-99, and a communication from the City Planning Commission, dated May 12, 1999, which transmits its Resolution 5-81-99 adopted on May 4, 1999, with regard to Petition 99- 3-8-12, submitted by Baki's Unique Homes, requesting site plan approval in connection with a proposal to construct an addition to the commercial building located at 29418 Joy Road in the Southeast 1/4 of Section 35, 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 99-3-8-12 is hereby approved and granted, subject to the following conditions. 1 That the Site Plan marked Sheet C-1 prepared by GAV & Associates, as revised on August 20, 1999, is hereby approved and shall be adhered to, 2 That the Landscape Site Plan marked Sheet C-2 prepared by GAV &Associates, as revised on August 20, 1999, is hereby approved and shall be adhered to, 3 That the Elevations marked Sheet A-3 prepared by GAV & Associates, as revised on August 20, 1999, are hereby approved and shall be adhered to, 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 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, 31825 6 That the Exterior Building Elevation Plan marked Sheet C-3 prepared by GAV & Associates, as received by the Planning Commission on May 4, 1999, is hereby approved and shall be adhered to, except the entire building shall be constructed out of four (4") inch brick, 7 That the brick used in the construction of the building shall be full face four (4") inch brick, no exception, 8 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building, and the enclosure gates shall be maintained and, when not in use, closed at all times, 9 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in the correspondence dated April 15, 1999 - that the existing protective wall shall either be repaired and brought up to the proper height or be removed and a new wall shall be erected, - that the existing lot shall be repaired, resealed and double striped, - that the required accessible parking spaces shall be installed according to the current BOCA codes, - that all light standards shall be shielded from the adjacent properties and shall not exceed 20 ft. in height; 10 That no signs, either freestanding or wall mounted, are approved with this petition, 11 That the five (5) Norway Maples as shown on the Site Plan shall be added between Middlebelt and the curb cut and two (2) Norway Maples shall be added between Fremont and the curb cut; 12 That the approach on Freemont Avenue be widened to approximately 25' to provide adequate truck turning radius, 13 That finish material be installed on the back side of the canopy/parapet; and 14 That a peak be added to the canopy along the east elevation of the building addition 31826 On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #610-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 10, 1999, submitted pursuant to Council 288-99, and a communication from the Personnel Director, dated April 19, 1999, which transmits a resolution adopted by the Civil Service Commission on April 15, 1999, recommending approval of salary and fringe benefit adjustments for the classification of Fire Chief for the period December 1, 1996 through November 30, 1999, the Council does hereby approve the 1996-1999 wage rate schedule for the Fire Chief, effective December 1, 1996, as follows 3.0% 1 0% 3 0% 3 0% 12/01/96 06/01/97 12/01/97 12/01/98 STEP 1 Annual 62,462.40 63,086 40 64,979.20 66,934 40 Bi-weekly 2,402 40 2,426 40 2,499 20 2,574 40 STEP 1-1/2 Annual 63,710 40 64,355.20 66,289 60 68,286.40 Bi-weekly 2,450 40 2,475 20 2,549 60 2,626 40 STEP 2 Annual 64,958 40 65,603 20 67,579 20 69,596 80 Bi-weekly 2,498 40 2,523.20 2,599 20 2,676 80 STEP 3 Annual 67,558 40 68,224 00 70,262.40 72,363 20 Bi-weekly 2,598 40 2,624 00 2,702 40 2,783 20 STEP 4 Annual 70,283 20 70,990 40 73,112.00 75,296 00 Bi-weekly 2,703 20 2,730 40 2,812.00 2,896 00 STEP 5 Annual 73,049 60 73,777 60 75,982.40 78,270 40 Bi-weekly 2,809 60 2,837 60 2,922.40 3,010 40 FURTHER, all other fringe benefits (i e , dental reimbursement, health insurance, longevity, cleaning allowance, educational benefit, optical, weekly disability and life insurance) as extended to the Livonia Fire Fighters Union, shall be afforded this position as of December 1, 1996 On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was. 31827 #611-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 10, 1999, submitted pursuant to Council Resolution 109-99, a communication from Council Vice President Walsh, dated August 19, 1998, and a communication from the City Planning Commission, dated June 4, 1998, which transmits its Resolution 5-81-98 adopted on May 19, 1998, with regard to Petition 98-5-8-17, submitted by Abington Development, Inc., requesting approval of the Master Deed, Bylaws and a Site Plan in connection with a proposal to construct a site condominium development on property located at 29505 Clarita Avenue in the Northeast 1/4 of Section 11, pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended, the Council does hereby determine to take no further action on this matter On a motion by Walsh, seconded by Brosnan, and unanimously adopted, it was #612-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 17, 1999, submitted pursuant to Council Resolution 369-98, regarding the matter of requiring telecommunications providers to obtain a permit and pay annual fees for use of public rights-of-way pursuant to the Michigan Telecommunications Act, the Council does hereby refer the issue of the amount of right-of-way fees and the apportionment of fees among providers to the Director of Finance and the Department of Law for a report and recommendation A report and recommendation of the Department of Law, dated August 6, 1999, submitted pursuant to Council Resolution 319-99, regarding the timeline for the process of review of Telecommunications Permit Applications, was received and placed on file for the information of the Council On a motion by Walsh, seconded by Brosnan, and unanimously adopted, it was #613-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 17, 1999, submitted pursuant to Council Resolution 318-99, the Council does hereby refer the subject of the mechanics underlying the City Council's Public Hearing process as it relates to Telecommunication Permit Applications to 31828 the Department of Law and Director of Legislative Affairs for a report and recommendation On a motion by Walsh, seconded by Brosnan, and unanimously adopted, it was #614-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 17, 1999, submitted pursuant to Council Resolution 318-99, the Council does hereby request that the Department of Law draft correspondence on behalf of the City Council to appropriate state and federal officials regarding the oppressive nature of existing and proposed telecommunication legislation as it relates to municipal oversight and control On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was #615-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 17, 1999, submitted pursuant to Council Resolution 318-99, the Council does hereby refer the subject of when the ninety (90) day review process for Telecommunications Permit Applications is or may be suspended as a result of alterations to a Petition to the Department of Law for its report and recommendation On a motion by Walsh, seconded by Brosnan, and unanimously adopted, it was #616-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 17, 1999, submitted pursuant to Council Resolution 318-99, the Council does hereby refer the subject of a definition of the phrase "administrative completeness" as it relates to Telecommunications Permit Applications (Section 12 06 050D of the Livonia Code of Ordinances) to the Department of Law and the City Engineer for a report and recommendation On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was #617-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 17, 1999, submitted pursuant to Council Resolution 432-99, in connection with a 31829 review of the Telecommunications Ordinance, the Council does hereby refer the matter of possible amendments to the applicable ordinance(s) regarding telecommunications after considering the policy established by the City of Boston (as set forth in an attachment to a letter from John Pestle of Varnum,Riddering, Schmidt & Howlett, LLP, dated June 8, 1999) and to further consider the possibility of requiring underground installation of cable when the maximum capacity has been reached on Detroit Edison utility poles, to the Department of Law for its report and recommendation Councilmember Vandersloot took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING TITLE 6, CHAPTER 6 06 (CATS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, Pastor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Duggan, seconded by Brosnan, and unimously adopted, it was #618-99 RESOLVED, that having considered a letter from Christine Stoll, dated August 9, 1999, in behalf of the St. Genevieve School, requesting permission to place signs (two [2] 30" x 40" sandwich style and three [3] 24" x 24"), advertising a fund-raiser rummage sale to be conducted on Friday and Saturday, October 22 and 23, 1999, which signs , shall be installed on October 8, 1999, at the following locations. Middlebelt and Schoolcraft (Northeast corner) Jamison and Middlebelt (Southeast corner) Lyndon and Harrison (Northeast corner) Lyndon and Inkster (Southwest corner) Five Mile and Garden (West side of street) 31830 and all signs to be removed by 5 00 p m on Saturday, October 23, 1999, the Council does hereby grant and approve this request in the manner and form herein requested On a motion by Pastor, seconded by Walsh, it was RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated August 16, 1999, approved for submission by the Mayor, to which is attached a communication from the Michigan Department of Transportation, dated July 29, 1999, requesting the waiver of any applicable City noise ordinance for the Michigan Department of Transportation in order to permit a 24-hour work day in connection with the resurfacing of Plymouth Road between Farmington Road and Inkster Road, the Council does hereby approve this request and does hereby waive all applicable work hour/noise provisions of the Livonia Code of Ordinances in 1999 and 2000 for this specific project in order to best serve the overall interests of the public and to promote the prompt completion of this project with the following restrictions 1 No pavement breaking, milling, or removal or slamming of tail gates in conjunction with delivery operations shall occur in the areas listed below between the hours of 11 00 p m and 7 00 am, further, the contractor shall plan his operations to eliminate the need for back-up warning devices in these areas a From 300 feet west of Loveland to Merriman Road b From 300 feet west of Deering to Inkster 2 This approval is further conditioned on the Michigan Department of Transportation taking immediate measures to abate any violations of the above restriction after being requested to do so by the City Engineer, and if not abated in the sole opinion of the City Engineer, then this approval shall be automatically suspended and the City's noise ordinance shall be enforced On a motion by Duggan, seconded by Vandersloot, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated August 16, 1999, approved for submission by the Mayor, to which is attached a communication from the Michigan Department of 31831 Transportation, dated July 29, 1999, requesting the waiver of any applicable City noise ordinance for the Michigan Department of Transportation in order to permit a 24-hour work day in connection with the resurfacing of Plymouth Road between Farmington Road and Inkster Road, the Council does hereby deny this request. A roll call vote was taken on the motion to substitute as follows AYES Duggan, Brosnan and Vandersloot NAYS Laura, Walsh, Pastor and Engebretson The President declared the motion to substitute denied The President relinquished the Chair to the Vice President at 9 01 P M A roll call vote was then taken on the originally proposed resolution by Pastor, seconded by Walsh, as follows #619-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated August 16, 1999, approved for submission by the Mayor, to which is attached a communication from the Michigan Department of Transportation, dated July 29, 1999, requesting the waiver of any applicable City noise ordinance for the Michigan Department of Transportation in order to permit a 24-hour work day in connection with the resurfacing of Plymouth Road between Farmington Road and Inkster Road, the Council does hereby approve this request and does hereby waive all applicable work hour/noise provisions of the Livonia Code of Ordinances in 1999 and 2000 for this specific project in order to best serve the overall interests of the public and to promote the prompt completion of this project with the following restrictions 1 No pavement breaking, milling, or removal or slamming of tail gates in conjunction with delivery operations shall occur in the areas listed below between the hours of 11 00 p m and 7 00 a.m, further, the contractor shall plan his operations to eliminate the need for back-up warning devices in these areas a From 300 feet west of Loveland to Merriman Road b From 300 feet west of Deering to Inkster 2 This approval is further conditioned on the Michigan Department of Transportation taking immediate measures to abate any violations 31832 of the above restriction after being requested to do so by the City Engineer, and if not abated in the sole opinion of the City Engineer, then this approval shall be automatically suspended and the City's noise ordinance shall be enforced with the following result: AYES Laura, Engebretson, Pastor and Walsh NAYS Duggan, Brosnan and Vandersloot The Vice President declared the resolution adopted The President resumed the chair at 9 04 p m Councilmember Duggan left the podium at 9 05 p m , due to a conflict of interest. On a motion by Brosnan, seconded by Laura, it was #620-99 RESOLVED, that Merriman Forest L.L.0 , 19657 Ashley Court, Livonia, Michigan 48152, as proprietor, having requested the City Council to approve the proposed preliminary plat of the following subdivision Merriman Forest Subdivision, to be located on the east side of Merriman Road between Seven Mile Road and Mayville Drive in the Northwest 1/4 of Section 11, City of Livonia, Wayne County, Michigan, the said proposed revised preliminary plat being dated March 10, 1999, and it further appearing that tentative approval of a revised preliminary plat was given by the City Planning Commission, after due notice and a public hearing on February 9, 1999, and it further appearing that such revised preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Division as is set forth in the report of that department dated August 11, 1999, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Engineering Division and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval 31833 contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Division, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16.24 370 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts (a) General Improvement Bond $317,000 00, of which at least r 31834 $ 10,000 00 shall be in cash (b) Sidewalk Bond $ 22,000 00, of which at least $ 5,000 00 shall be in cash (c) Grading & Soil Erosion $ 3,600 00 cash (d) Entrance Marker/Landscaping $ 7,500 00, of which at least $ 3,000 00 shall be in cash (e) Monuments and Lot Markers $ 1,105 00 (all cash) and require cash payments in the total amount of$31,065 00 In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Brosnan, Walsh, Pastor and Engebretson NAYS Vandersloot The President declared the resolution adopted Councilmember Duggan resumed his position at the podium at 9.06 p m On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was. BROWNFIELD REDEVELOPMENT ZONE City of Livonia (the "Community") Wayne County, Michigan Pursuant to and in accordance with the provisions of Act 381 of the Public Acts of the State of Michigan 1996, as amended (the "Act") #621-99 WHEREAS, Wayne County has established the Wayne County Brownfield Redevelopment Authority (the "Authority"), WHEREAS, the Authority will only implement projects in communities that approve of a specific Brownfield Plan, 31835 WHEREAS, the Authority can only prepare and implement Brownfield Plans in Wayne County communities that approve the designation of its borders or any part thereof as a Brownfield Redevelopment Zone, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia approves the inclusion of the property described below as part of the Wayne County Brownfield Redevelopment Zone That part of the South 1/2 of Section 25, Township 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point on the North line of Plymouth Road distant South 89 degrees 41 minutes East along the South line of said Section, 2017 95 feet and North 0 degrees 21 minutes 50 seconds East 60 0 feet from the Southwest corner of Section 25 to the point of beginning, thence proceeding North 0 degrees 21 minutes 50 seconds East along the East line of Hartel Street 2302 05 feet, thence South 89 degrees 17 minutes 24 seconds East 394 26 feet; thence North 0 degrees 04 minutes 35 seconds East 238 39 feet; thence along the South line of the Chesapeake and Ohio Railroad Right of Way South 89 degrees 27 minutes 40 seconds East 237 69 feet and North 88 degrees 27 minutes 17 seconds East 1321 49 feet; thence South 0 degrees 13 minutes 20 seconds West 301 04 feet; thence South 88 degrees 32 minutes West along the extension of the North line of Grantland Avenue 30 01 feet; thence South 0 degrees 13 minutes 20 seconds West 2277 08 feet; thence along the North line of Plymouth Road North 89 degrees 42 minutes 50 seconds West 1295 26 feet and North 89 degrees 41 minutes 00 seconds West 632 61 feet to the point of the beginning (more commonly known as 28400 Plymouth Road) FURTHER, the Livonia City Council's approval of inclusion of the above-described property (the "Site") as a Brownfield Redevelopment Zone of the Authority is expressly conditioned on the agreement of the Authority and Wayne County that no tax increment revenues, as that term is used in the Act, will be captured pursuant to the Act from the Site or any other property or properties in the City of Livonia without a resolution of the City Council specifically approving such capture of tax increment revenues On a motion by Brosnan, seconded by Vandersloot, and 31836 unanimously adopted, it was #622-99 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 1 12 acres lying in the Northwest 1/4 of Section 28, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 75," and WHEREAS, written notice has been given by certified mail to R. L. Schmitt Co , Inc. of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 75, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 75, and WHEREAS, on Monday, August 9, 1999, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 75, at which time R L. Schmitt Co , Inc. and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of R L. Schmitt Co , Inc attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 75 " EXHIBIT A 28K4B 5 6A JEFFRIES FREEWAY INDUSTRIAL PARK SUB T1S R9E L96 P75 76 WCR W 60FT OF LOT 4 ALSO E 60 FT OF LOT 5 (34506 GLENDALE ) [1 12 ACRES] 31837 A communication from the Department of Assessment, dated August 26, 1999, re Application for Industrial Facilities Exemption for R.L. Schmitt Company was received and placed on file for the information of the Council A communication from the Department of Assessment, dated August 30, 1999, re IFT Exemption Tax Estimate of August 26, 1999, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Walsh, and unanimously adopted, it was #623-99 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 2 7 acres lying in the Northwest 1/4 of Section 28, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 74, and WHEREAS, written notice has been given by certified mail to Trio Tool Company of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 74, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 74, and WHEREAS, on Monday, August 9, 1999, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 74, at which time Trio Tool Company and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of Trio Tool Company attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, 31838 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 74 " EXHIBIT A Land situated in the City of Livonia, Wayne County, Michigan, described as Lots 1 and 2, MICHAEL-KERBY INDUSTRIAL SUBDIVISION, as recorded in Liber 96 of Plats, Pages 66, 67 and 68, Wayne County Records, together with a perpetual easement for ingress, egress and parking across the Northerly 20 feet of Lot 3 of MICHAEL-KERBY INDUSTRIAL SUBDIVISION, as recorded in Liber 96 of Plats, Pages 66, 67 and 68, Wayne County Records, as set forth in declaration of easement recorded in Liber 19456, Page 951, Wayne County Records, and also forth in said declaration of easement recorded in Liber 19456, Page 951, Wayne County Records ALSO All that part of the Northeast 1/4 of the Northwest 1/4 of Section 28, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as Beginning at a point on the North and South '/4 line of said Section 28, which is 102 00 feet South of the North 1/4 corner of said Section 28, thence continuing South along said North and South 1/4 line, 250 00 feet; thence South 89 degrees 43 minutes 20 seconds West 165 00 feet; thence North 250 00 feet to the South line of Schoolcraft Road, thence North 89 degrees 43 minutes 20 seconds East along said South line, 165 00 feet to the point of beginning which lies Southerly of a line, 158 00 feet Southerly of, measured at right angles, and parallel to a line described as Beginning at a point on the North and South % line of said Section 28 which is South 00 degrees 44 minutes 33 seconds West, 90 10 feet from the North '/4 corner of said Section 28, thence South 88 degrees 00 minutes 31 seconds West, 200 feet to a point of ending ALSO A Parcel of land being a part of Lot 823 of"SUPERVISOR'S PLAT NO 14", of part of the North 1/2 Section of Section 28, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, recorded in Liber 70 of Plats, Page 69, Wayne County Records, more particularly described as The South 439 93 feet of the North 585 93 feet of said Lot 823, containing trim' 31839 1 0099 acres of land more or less subject to all restrictions and easements of record if any A communication from the Department of Assessment, dated August 26, 1999, re Application for Industrial Facilities Exemption for Trio Tool Company was received and placed on file for the information of the Council A communication from the Department of Assessment, dated August 30, 1999, re IFT Exemption Tax Estimate of August 26, 1999, was received and placed on file for the information of the Council On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was #624-99 RESOLVED, that having considered a communication from the City Planning Commission, dated June 16, 1999, which sets forth its resolution 6-98-99 adopted on June 8, 1999, with regard to Petition 99-4- 2-12 submitted by Rite Aid of Michigan, Inc. requesting waiver use approval to utilize an SDM license within an existing Rite Aid store located at the southwest corner of Six Mile and Inkster Road (27401 Six Mile Road) in the Northeast 1/4 of Section 13, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on August 11, 1999, pursuant to Council Resolution 455-99, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 99-4-2-12, as amended, is hereby denied for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed use of an SDM license is in compliance with all of the special and general waiver use standards and requirements as set forth in Section11 03 and 19 06 of the Zoning Ordinance #543, 2 That the proposed use fails to comply with the Zoning Ordinance standards set forth in Section 11 03(r)(1) with respect to the requirement that there be at least a 500 foot separation between SDM licensed establishments, 3 That this area of the City is currently well served with SDM licensed establishments selling packaged alcoholic beverages, and 31840 4 That the petitioner has not sufficiently demonstrated a need in the area for additional sales of packaged alcoholic beverages such as are permitted by the utilization of an SDM license *ir The following individual spoke in opposition to the approval of the foregoing resolution John Doyle, attorney for Rite-Aid The following individuals spoke in favor of the approval of the foregoing resolution Eric Behrmann, 16678 Rougeway, Livonia Sharon Barkman, 16742 Rougeway, Livonia Debbie Behrmann, 16678 Rougeway, Livonia Kelly Legleitner, 16931 Inkster Road, Livonia Terry Farida, 27428 Six Mile Road, Livonia (owner of Value Center) On a motion by Brosnan, seconded by Vandersloot, it was RESOLVED, that having considered a communication from the City Planning Commission, dated April 12, 1999, which transmits its resolution 3-45-99, adopted on March 23, 1999, with regard to Petition 99-2-2-5, submitted by Rocky Zebari, requesting waiver use approval to utilize SDD and SDM licenses within an existing building located on the Northeast corner of Middlebelt Road and St. Martins Avenue in the Southwest 1/4 of Section 1, which property is zoned C-2, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation The petitioner, Rocky Zebari, asked for Council's approval of his request. Councilmembers Brosnan and Vandersloot withdrew their motion on the foregoing resolution At the direction of the chair, Item #25 re Petition 99-2-2-5, submitted by Rocky Zebari, requesting waiver use approval to utilize SDD and SDM licenses within an existing building located on the Northeast corner of Middlebelt Road and St. Martins Avenue in the Southwest 1/4 of Section 1, was postponed to the next Regular Meeting of September 15, 1999 The President relinquished the Chair to the Vice President at 9 40 P M On a motion by Engebretson, seconded by Laura, it was 31841 #625-99 RESOLVED, that having considered a communication from Council President Jack Engebretson, dated August 23, 1999, wherein it is requested that Council Resolution 571-99 be amended so the public hearing on the necessity will include a cul-de-sac, the Council does hereby amend and revise Council Resolution 571-99 so as to have the same read as follows RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated July 19, 1999, submitted pursuant to Council Resolution 388-99, regarding proposed improvements of Norfolk Avenue from 150 feet west of Melvin Avenue to Oporto Avenue and Oporto Avenue from Norfolk Avenue to 400 feet north of Norfolk Avenue in the Northeast 1/4 of Section 2, THE COUNCIL DOES HEREBY SET WEDNESDAY, OCTOBER 20, 1999, AT 7 00 P M AS THE DATE AND TIME FOR ANOTHER PUBLIC HEARING ON THE NECESSITY FOR SUCH PROPOSED IMPROVEMENT AS MODIFIED TO INCLUDE A CUL-DE-SAC TO THE NORTHERNMOST PROPERTY ON THE WESTERN SIDE OF PROPOSED OPORTO,which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code, FURTHER, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, as modified, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefore and an estimate of the cost thereof, and to file the same with the City Clerk prior to the publication and mailing of notice of the Public Hearing by the City Clerk as set forth in Section 3 08 070 of the Livonia Code of Ordinances, as amended, together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Brosnan, Engebretson and Vandersloot 31842 NAYS Duggan, Pastor and Walsh The Vice President declared the resolution adopted On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was. #626-99 RESOLVED, that the Traffic Commission is hereby requested to submit a report and recommendation re installation of"No Parking" signs on Morlock Street in connection with the proposed street improvements of portions of Norfolk and Oporto in the Northeast %of Section 2 A communication from Steve Pokornicki, 31641 Bobrich Avenue, Livonia, dated August 22, 1999 re the proposed improvement of Oporto Avenue between Norfolk and Morlock was received and placed on file for the information of the Council The President resumed the Chair at 10 06 p m Patty Begley, 20305 Purlingbrook, Livonia, and Michael Heitjan, 20309 Melvin, Livonia both spoke in opposition of a proposed cul-de-sac on Oporto Street. Chris Lonnett, 30160 Morlock, Livonia spoke in favor of making a cul-de-sac on Oporto Street and leaving Morlock as a dead-end street. Steve Robertson, 20281 Melvin, Livonia, stated that he wants to have the developer pay for the cost of this improvement. On a motion by Walsh, seconded by Brosnan, and unanimously adopted, it was #627-99 WHEREAS, the Michigan Telecommunications Act of 1995 requires all telecommunication companies to obtain permits before using public rights-of-way; gives municipalities 90 days to act on applications, indicates that applications can be granted or denied based upon considerations such as public health, safety and welfare, allows the assessment of fees not to exceed the fixed and variable costs of the right- 31843 of-way used by a provider, plus the cost of issuing the permit; and permits the requirement of bonds for restoration of the public rights of way; WHEREAS, House Bill 4804 would give municipalities only thirty (30) days to issue a permit; and such permits may only be conditioned on safety reasons, excluding health and welfare reasons; and WHEREAS, House Bill 4804 would limit the ability of municipalities to issue permits and assess related fees, and limit the use of a bond to restore the right-of-way after the provider removes its lines but not while they are in place, and WHEREAS, House Bill 4804 would require that all right-of-way disputes be mediated by one member of the Public Service Commission instead of the courts, and in the case of an emergency claimed by the provider, the Public Service Commission member would be required to issue an order in seven days without any hearing and without participation of the affected municipality; and WHEREAS, House Bill 4804 would appear to allow attorney fees, damages and other monetary awards against municipalities who violate the act; and WHEREAS, House Bill 4804 would effectively remove most municipal control of the rights-of-way and substantially limit, if not overturn, the assessment of related fees, both of which would erode the ability of municipalities to protect the public health, safety and welfare of its residents, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia hereby urges our elected representatives to oppose the above- mentioned legislation, BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor John Engler, State Senator Thaddeus McCotter, State Representative Laura M Toy, State Representative Gerald Law, the Michigan Municipal League State and Federal Affairs Division, and the Conference of Western Wayne No one from the audience spoke during the audience communication portion of the meeting Councilmember Brosnan extended birthday greetings to her sister, Donna, and father-in-law, Brendan Brosnan, Sr 31844 On a motion by Duggan, seconded by Brosnan, and unanimously adopted, this 1,399th Regular Meeting of the Council of the City of Livonia, was adjourned at 1012 p m. YU- Joan McCotter, City Clerk