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HomeMy WebLinkAboutCOUNCIL MINUTES 1999-02-24 31461 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND EIGHTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 24, 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: John Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney; Ann W Tavolacci, Deputy City Clerk, Karen A. Szymula, Director of Legislative Affairs, Mary Rutan, Personnel Director; and Ian Wilshaw, Traffic Commission On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was #90-99 RESOLVED, that the minutes of the 1,386th Regular Meeting of the Council of the City of Livonia, held February 10, 1999, are hereby approved as noted with the correction pertaining to CR #73-99 Council Resolution #73-99 is corrected to read as follows #73-99 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated January 26, 1999, submitted pursuant to Council Resolution 884-98, and a communication from the City Planning Commission, dated September 30, 1998, which transmits its resolution 9-161-98, adopted on September 29, 1998, with regard to Petition 98-9-8-28 submitted by William Ditzhazy, requesting Master Deed, Bylaws and Site Plan approval in connection with a proposal to construct the Laurel Village Site Condominiums on property located at 18981 Laurel Road in the Northwest 1/4 of Section 9, pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the 31462 Planning Commission and Petition 98-9-8-28 is hereby approved and granted, subject to the following conditions 1 That the Master Deed complies with the requirement of the Subdivision Control Ordinance, Title 16, Chapter 16 04-16 40 of the Livonia Code of Ordinances, and Article XX of Ordinance No 543, Section 20 01-20 06 of the ordinance, except the following shall be incorporated That the first floor of each condominium unit shall be brick or stone, on all four sides, and the total amount of brick or stone on each two-story colonial or cape cod unit shall not be less than 70%, with full brick chimney, and the total amount of brick or stone on each one-story ranch style home shall not be less than 80%, with full brick chimney; and square foot minimums of usable living space shall be 2,900 for two-story colonials, 2,700 for two-story cape cods and 2,200 for one-story ranch style homes, FURTHER, sidewalk and street light requirements shall be waived, 2 That the brick used in the construction of each condominium unit shall be full-face four (4") inch brick, no exceptions, 3 That the revised Site Plan prepared by Motco Land S.E.A. Corporation Shrader-Porter of Michigan, Inc , as received by the .121aRRIN-Cremmissieff City Council on Auguct 25, 1998 January 13, 1999, is hereby approved and shall be adhered to, . . • - • 'z - * : - -t. Of-APPeaiErr 4 That the petitioner shall meet to the satisfaction of the Engineering Division the matter of backyard drainage and storm sewer runoff as outlined in the correspondence dated September 14, 1998, and 5 That a fully detailed Landscape Plan shall be submitted to the Planning Commission and City Council for their review and approval On a motion by Brosnan, seconded by Pastor, it was #91-99 RESOLVED, that the minutes of the 236th Special Meeting of the Council of the City of Livonia, held February 17, 1999, are hereby approved as submitted %kw 31463 A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Brosnan, Walsh, Pastor, and Engebretson NAYS None ABSTAIN Laura PRESENT Vandersloot. The President declared the resolution adopted There was no audience communication at the beginning of the meeting A communication from the Engineering Division, dated February 19, 1999, re status of the Whispering Pines Site Condominium Subdivision (Pines of Winfield) was received and placed on file for the information of the Council (CR 786-98) Councilmember Laura requested that the status of the Whispering Pines Site Condominiums only be reported to council on a quarterly basis, rather than at each Regular Meeting, unless there is a substantial development or building permits are issued On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #92-99 RESOLVED, that the Council does hereby amend the Orders of the Day to allow Agenda Item Nos 29, 30 and 31 to be moved to the end of the meeting, after Agenda Item No 35 A communication from the Engineering Division, dated February 22, 1999, re additional information on the change order to the construction contract for a right- turn lane at Plymouth and Merriman Roads was received and placed on file for the information of the Council (Consent Agenda Item #12) On a motion by Duggan, seconded by Pastor, it was 31464 #93-99 RESOLVED, that having considered a letter from the Treasurer of Hearts of Livonia, dated January 29, 1999, the Council does hereby determine as follows 1 That Hearts of Livonia is a worthy non-profit charity in the community; 2 That the City of Livonia shall be one of the co-sponsors of the 1999 Golf Day Benefit; 3 That Hearts of Livonia is hereby granted approval to use the Whispering Willows, Fox Creek and Idyl Wyld Municipal Golf Courses on Wednesday, August 25, 1999, for the 22nd annual golf outing, and 4 That Hearts of Livonia is hereby granted approval to display banners on Five Mile and Farmington Roads from August 1, 1999, through August 31, 1999, at no additional cost to Hearts of Livonia, which signs shall be removed by September 1, 1999 A communication from the Office of the City Clerk, dated February 4, 1999, re determination of the salaries of elected officials by the Local Oft;cers Compensation Commission was received and placed on file for the information of the Council #94-99 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated January 25, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one 1999 Chevrolet Tahoe from Buff Whelan Chevrolet, Inc , 40445 Van Dyke, Sterling Heights, Michigan 48131, in the amount of$27,805 34, the same to be appropriated and expended from the following Salvage Cost for Totaled Vehicle $ 1,800 00 MMRMA Insurance Proceeds 8,527 50 Capital Projects #401 Fund 17,477 84 FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low Oakland County Cooperative Purchasing Program, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended 31465 #95-99 RESOLVED, that having considered a communication from the Personnel Director, dated February 5, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on February 4, 1999, wherein the Commission has recommended approval of an increase in the hourly wage for the classification of Seasonal Clerk, which rate increase is as follows Classification Current Wage Rate Proposed Wage Rate Seasonal Clerk (1st season) $6 45 $9 00 Seasonal Clerk (2nd season) 6.95 9.25 the Council does hereby concur in and approve of the aforesaid action #96-99 RESOLVED, that having considered a communication from the Director of Finance, dated January 22, 1999, approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia and Karoub Associates, 200 North Capitol Avenue, Suite 500, Lansing, Michigan 48933, to act as the City's legislative consultant for the period January 1, 1999, through December 31, 1999, for an annual fee of$24,000 00, including all expenses, the Council does hereby approve the agreement in the manner and form herein submitted, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said agreement, subject to approval as to form by the Department of Law #97-99 RESOLVED, that having considered a communication from the Department of Law, dated January 22, 1999, approved for submission by the Mayor, submitted pursuant to Council Resolutions 106-95 and 107- 95, transmitting for Council acceptance two Warranty Deeds, dated January 13, 1999, executed by Richard Paul Spens and Laura H Spens, conveying to the City certain properties described as follows. The North 60 feet of the following described parcel The West 1/2 of the West 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 12, T 1 S , R. 9 E., City of Livonia, Wayne County, Michigan (Part of Tax Parcel No 046-99-0040-000, 28515 Seven Mile Road right-of-way) AND The North 60 feet of the following described parcel The East 1/2 of the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 12, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan (Part of Tax Parcel No 046-99-0050-000, 28215 Seven Mile Road right-of-way) 31466 the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty Deeds, and the City Clerk is hereby requested to do all other things necessary or incidental to fulfill the purpose of this resolution, and FURTHER, that the Mayor and City Clerk are authorized to execute Quit Claim Deeds conveying the above-described properties to the County of Wayne in a form to be approved by the Department of Law #98-99 RESOLVED, that having considered a communication from the Department of Law, dated January 21, 1999, approved for submission by the Mayor, submitted pursuant to Council Resolution 377-98, transmitting for Council acceptance a Warranty Deed executed by Dominic and Elaine Soave and Michael and Kim Soave, conveying to the City certain property described as follows The North 27 feet of the South 60 feet of the following parcel of land Part of the SE 1/4 of Section 4, T 1 S , R 9E , City of Livonia, Wayne County, Michigan, described as beginning S 89°57'10" West, 1,176 20 feet from the Southeast corner of Section 4, thence S 89°57'10" West, 150 10 feet; thence N 0°05'45" East, 310 feet; thence N 89°57'10" East, 149 51 feet; thence S 0°00'50" East, 310 feet to the point of beginning 1 07 acres. (33612 Seven Mile Road) Tax ID No 016-99-0025-000 and a Quit Claim Deed executed by Domin,:, and Elaine Soave and Michael and Kim Soave, conveying to the City certain property described as follows The South 33 feet of the following parcel of land Part of the SE 1/4 of Section 4, T 1 S , R 9E , City of Livonia, Wayne County, Michigan, described as beginning S 89°57'10" West, 1,176 20 feet from the Southeast corner of Section 4, thence S 89°57'10" West, 150 10 feet; thence N 0°05'45" East, 310 feet; thence N 89°57'10" East, 149 51 feet; thence S 0°00'50" East, 310 feet to the point of beginning 1 07 acres (33612 Seven Mile Road) Tax ID No 016-99-0025-000 the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty Deed and Quit Claim Deed, which deeds were previously recorded in the Office of the Register of Deeds and returned to the City Clerk, and the City Clerk is hereby requested to do all other things necessary or incidental to fulfill the purpose of this resolution, and FURTHER, that the Mayor and City Clerk are authorized to execute a Quit Claim Deed conveying the south 60 feet of the above-described property to the County of Wayne in a form to be approved by the Department of Law 31467 A communication from the Department of Law, dated January 22, 1999, re administrative response to CR 398-98 — definition of home business and home occupation —was received and placed on file for the information of the Council #99-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated January 7, 1999, which bears the signature of the Director of Finance, is approved by the Director of Community Resources and is approved for submission by the Mayor, to which is attached a summary outlining the final allocation of costs in connection with the 1998 Sidewalk Program (Contract 98-C), pursuant to Council Resolution 410-98, the Council does hereby determine as follows • To establish the final project cost at $262,674 01 of which a total of $200,814 84 is to be charged to the Single Lot Assessments and $51,100 17 is to be charged to the following City funds Major Road Account ($15,677 75) and Local Road Account ($35,422 42), • To authorize an additional expenditure of $8,184 00 from Account #101-737-931-220 to cover costs related to Greenmead as directed by the Director J Community Resources, • To authorize an additional expenditure of $577 75 from the Major Road Account and $17,822 42 from the Local Road Account of the Michigan Transportation Fund to cover costs related to the construction of handicap ramps at major and local roads and to cover the administrative costs connected with the City work, and • To authorize final payment of$28,133 41 to LaRocca, Inc , 34677 Navin, Livonia, Michigan 48152, for additional work related to Contract 98-C #100-99 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 13, 1999, approved by the Director of Public Works and approved for submission by the Mayor, regarding replacement and/or construction of new sidewalks in the City of Livonia pursuant to the 1998 Sidewalk Repair Program (Contract 98-C) at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution No 410-98 adopted on May 20, 1998, and in accordance with the provisions of Section 12 04 340 of Chapter 4 of Title 12 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 3 08 150 of Title 3, Chapter 8 of the 31468 Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of May 5, 1999, at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said properties for such charges unless the same are paid prior to the date of such meeting, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution #101-99 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 6, 1999, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, with regard to the street improvement of Savoie and Grove, south of Six Mile Road and east of Middlebelt Road in the Northwest 1/4 of Section 13, the Council does hereby determine that based upon actual costs certain deficiencies do exist, and pursuant to provisions set forth in Section 3 08 270 of the Livonia Code of Ordinances, as amended, that Special Assessment District No 380 shall be revised and amended in accordance with the revised assessment roll attached to the aforesaid communication so as to revise the original assessment rate of$53 00 per foot to a new assessment rate of$54 40 per foot, which rate will reflect actual costs incurred for this project, and so as to revise the total assessment as set forth in the confirmed assessment roll for S.A.D No 380 from $247,723 59 to $254,267 23, FURTHER, the Council does hereby authorize the City Assessor to increase the assessments in the total amount of$12,717 42 for parcels listed in Attachment Ill of the aforesaid communication, so as to include the cost of additional work requested by property owners within the assessment district; FURTHER, the Council does hereby establish the final project cost at $457,374 43 of which $266,984 65 shall be charged to the special assessment district and $190,389 78 shall be the City's share, FURTHER, the Council does hereby authorize an expenditure in the amount of$457,374 43 for this purpose from the General Obligation Road Improvement Bond Issue with the provision that the General Obligation Road Improvement Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($266,984 65) and from the Michigan Transportation Fund (Local Road Account) receipts ($190,389 78), FURTHER, the Council does hereby authorize an increase in the contract amount for Nagle Paving Company (Contract 97-E) from $377,335 65 to $399,375 69 #102-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated January 6, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is 31469 attached Change Order No 1 in connection with the installation of the right-turn lane at Plymouth and Merriman Roads, previously authorized in Council Resolution 774-98 adopted on October 7, 1998, the Council does hereby approve and authorize such change order in the amount of $6,388.21 for this project payable to Peter A. Basile Sons, Inc., P 0 Box 532530, 13000 Newburgh Road, Livonia, Michigan 48151, FURTHER, the Council does hereby appropriate and authorize the expenditure of the additional amount of$6,343 41 from the Major Road Account of the Michigan Transportation Fund for this purpose #103-99 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 3, 1999, which bears the signature of the Director of Finance, is approved by the Director of Public Works, is approved as to the form by the City Attorney, and is approved for submission by the Mayor, to which is attached a proposed agreement between the Michigan Department of Transportation, Wayne County, and the City of Livonia, and a proposed agreement between Wayne County and the City of Livonia for the resurfacing of Five Mile Road from Merriman Road to Middlebelt Road, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute these agreements in the manner and form herein submitted, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of$214,500 00 from the $12 Mil;ion General Obligation Road Bond Issue for the City's estimated share of this project, with the anticipation of a refund of approximately $130,050 00 when federal funding is received for this project; and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreements, to the Wayne County Department of Public Services, Division of Engineering #104-99 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 1998, which transmits its resolution 9-164-98, adopted on September 29, 1998, with regard to a Sign Permit Application, submitted by Metro-Detroit Signs, on behalf of Residence Inn, requesting approval to erect an additional wall sign for the hotel located at 17250 Fox Drive in the Southwest 1/4 of Section 7, and a communication from the City Planning Commission, dated January 15, 1999, which transmits its resolution 1-8-99, adopted on January 12, 1999, with regard to an additional Sign Permit Application, also submitted by Metro-Detroit Signs, on behalf of Residence Inn, requesting approval for additional signage for the hotel, the Council does hereby concur in the recommendation of the Planning Commission and approves the said Sign Permit Applications, subject to the following conditions REVISED PAGE - SEE CR 1105-99 31470 1 That the Sign Package, submitted by Metro-Detroit Signs, as received by the Planning Commission on September 15, 1998, is hereby approved and shall be adhered to, 2 That the Sign Package, submitted by Metro-Detroit Signs, as received by the Planning Commission on December 22, 1998, is hereby approved and shall be adhered to, except for the fact that the large pylon sign shall not be permitted, and 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval #105-99 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 1999, which transmits its resolution 1-23-99, adopted on January 26, 1999, with regard to Petition 98-12-2-32, submitted by Peter J Terry, requesting waiver use approval to operate a limited service restaurant within the Concord Plaza located on the east side of Middlebelt Road between Terrence and Sunnydale Avenues in the Northwest 1/4 of Section 13, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 98-12-2-32 is hereby approved and granted, subject to a limitation on the number of customer seats not to exceed a total of 30 #106-99 RESOLVED, that having considered a letter from Bobby's Country House, 35780 W Five Mile Road, Livonia, Michigan 48154, requesting approval of the sale and transfer of the assets and leasehold interest of Bobby's Country House to Harry Sisko, George Demopoulos and Walter Martin (on behalf of an entity to be formed), the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation #107-99 RESOLVED, that having considered a letter from Bobby's Country House, 35780 W Five Mile Road, Livonia, Michigan 48154, requesting approval of the sale and transfer of the assets and leasehold interest of Bobby's Country House to Harry Sisko, George Demopoulos and Walter Martin (on behalf of an entity to be formed), the Council does hereby refer this request to the Department of Law to take all steps necessary to obtain an appraisal on the subject real estate, the same to thereafter be submitted to Council for its consideration, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $5,500 00 from Account No 101-267-972-000 for this purpose #108-99 RESOLVED, that having considered a request from Councilmember Brian Duggan, the Council does hereby refer the subject 31471 matter of the City policy regarding Class C liquor license quotas to the Legislative Committee for its report and recommendation 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 On a motion by Laura, seconded by Pastor, and unanimously adopted, it was #109-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 9, 1999, submitted pursuant to Council Resolution 617-98, 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 s to 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 that this item shall remain in committee On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was #110-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 9, 1999, submitted pursuant to Council Resolution 739-98, and a communication from the City Planning Commission, dated June 25, 1998, which transmits its resolution 6-106-98 adopted on June 23, 1998, with regard to Petition 98-5-8-15 submitted by A.D I Realty, Inc , on behalf of Arbor Drugs, requesting Site Plan approval in connection with a proposal to construct a retail store on property located at 29500 Five Mile Road in the Southwest 1/4 of Section 14, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, and the Council having conducted a public hearing with regard to this matter on September 2, 1998, pursuant to Council Resolution 542-98, the Council does hereby determine that this item shall remain in committee 31472 A communication from F Matthew Ray, Architect, dated February 15, 1999, re their intention to submit revised site drawings and a new prototype building design with respect to Petition 98-5-8-15 (Arbor Drugs) was received and placed on file for the information of the Council Walsh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 33 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 98-7-1-12) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Vandersloot gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 98-11-3-6) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Duggan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 030 OF TITLE 9, CHAPTER 16 (LARCENY) 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 31473 NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Brosnan took from the table, for second reading and adoption, the following Ordinance, as revised AN ORDINANCE ADDING SECTION 015 TO TITLE 12, CHAPTER 08 (STREET AND ALLEY VACATIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Upon unanimous consent of Council, Brosnan withdrew her motion for second reading On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #111-99 RESOLVED, that the Council does hereby refer a proposed ordinance adding Section 015 to Title 12, Chapter 08 (Street and Alley Vacations) of the Livonia erode of Ordinances, as amended, with respect to a fee structure for administrative costs of handling vacating petitions to the Legislative Committee for its report and recommendation A communication from the Department of Law, dated February 11, 1999, re change to proposed fee structure for administrative costs of handling vacating petitions was received and placed on file for the information of the Council Walsh left the podium at 8 25 p m due to a potential conflict of interest on the next agenda item On a motion by Duggan, seconded by Brosnan, it was #112-99 RESOLVED, that having considered the report and recommendation of the Department of Law, dated January 18, 1999, approved for submission by the Mayor, the Council does hereby establish the following fees and charges pursuant to Section 12 06 050C and Section 12 06 060 of the Livonia Code of Ordinances (Telecommunications) Telecommunications Permit Application Fee $10,000 00 31474 Annual fee for use of the public rights-of-way by telecommunications providers $ 60/ft. major roads $ 25/ft. local roads FURTHER, the Council does hereby determine that the annual fee established herein for use of the rights-of-way by telecommunications providers shall be considered an interim fee only and shall be subject to recalculation upon the conclusion of the Plante and Moran study of these costs pursuant to Council Resolution 648-98 A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Brosnan, Vandersloot, Pastor, and Engebretson NAYS Laura The President declared the resolution adopted A communication from the Department of Law, dated February 18, 1999, re establishment of fee for telecommunications permit applications and interim fee for use of the public right-of-way was received and placed on file for the info-,nation of the Council Walsh returned to the podium at 8 35 p m On a motion by Walsh, seconded by Laura, it was #113-99 RESOLVED, that having considered a request from David A. MacDonald, Plante & Moran Cresa, LLC, on behalf of Spring Engineering and Manufacturing Corp , dated January 27, 1999, and a communication from the Economic Development Manager, dated February 8, 1999, approved for submission by the Mayor, wherein it is indicated that Spring Engineering and Manufacturing Corp intends to transfer facilities from 35300 Glendale Avenue, Livonia, Michigan 48154, to Canton Township, and which further indicates that Spring Engineering and Manufacturing Corp desires to obtain a 1974 P.A. 198 exemption for the Canton Township facility, the Council does hereby consent to the transfer as herein requested, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Walsh, Vandersloot, Pastor, and Engebretson 31475 NAYS Duggan and Brosnan The President declared the resolution adopted On a motion by Duggan, seconded by Pastor, it was #114-99 RESOLVED, that having considered a communication from Sam Baki, Baki's Unique Home Builders, Inc., 36700 W Seven Mile Road, Livonia, Michigan 48152, received in the Office of the City Clerk on February 3, 1999, requesting an amendment to the Livonia Zoning Ordinance to increase the allowable square footage of garage floor areas and the number of garage door openings for a single-family one-story home with a total floor area of 2,800 square feet or larger and a two-story home with a total floor area of 3,400 square feet or larger, the Council does hereby determine to take no further action with respect to this item A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Brosnan, Walsh, Vandersloot, Pastor, and Engebretson NAYS Laura The President declared the resolution adopted A communication from the Director of Legislative Affairs, dated February 24, 1999 re forwarding a denying resolution adopted by the Zoning Board of Appeals on February 23, 1999, with respect to Sam Baki's request for a four-car garage on Curtis (Appeal Case No 9902-21) was received and placed on file for the information of the Council On a motion by Laura, seconded by Vandersloot, and unanimously adopted, it was #115-99 RESOLVED, that having considered a communication from the City Assessor, dated January 26, 1999, approved for submission by the Mayor, with regard to a request from Alex and Gina Ali, 15408 Auburndale, Livonia, Michigan 48154, and Mohsin Giryoun, 31560 Five Mile Road, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to deny 31476 the request for dividing and combining Tax Item Nos 46-060-01-0628-001 and 46-060-01-0629-001 into three (3) parcels since the same would be in violation of the City's zoning ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and h,„ zoning practice The following individuals from the audience spoke in opposition to the requested lot split: Ken Walters, 15411 Auburndale, Livonia, and Charles Cassar, 15805 Auburndale, Livonia A communication from Gina Ali, dated February 20, 1999, re requesting Council to view the street of her requested lot split and combination (31540 and 31560 Five Mile) was received and placed on file for the information of the Council A communication from Tommi Mozier West, 15810 Auburndale, Livonia 48154, dated February 18, 1999, re requesting Council to deny the lot split requested by Gina and Alex Ali was received and placed on file for he information of the Council A petition signed by 44 residents, dated February 19, 1999, re opposing the requested lot split and combination of property located north of Five Mile and west of Merriman (31540 and 31560 Five Mile) was received and placed on file for the information of the Council Duggan left the podium at 8 49 p m due to a conflict of interest on the next Agenda item On a motion by Laura, seconded by Vandersloot, it was RESOLVED, that having considered a communication from the City Assessor, dated January 26, 1999, approved for submission by the Mayor, with regard to a request from Raymond and Bonnie Bihary, 16580 Merriman Road, Livonia, Michigan 48154, to divide Tax Item No 46-054-01-0021-000 into two (2) parcels, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: 31477 AYES Laura, Vandersloot, and Engebretson NAYS Brosnan, Walsh, and Pastor The President declared the resolution denied The petitioner, Raymond Bihary, 16580 Merriman, spoke to his lot split request. Additionally, Charles Fugate, 31069 Munger, spoke in opposition to the requested lot split. A communication from Eleanor Sejfula, 16544 Merriman, Livonia, received on February 22, 1999, re stating her objection to the proposed lot split at 16580 Merriman was received and placed on file for the information of the Council A communication from Charles D Fugate, 31069 Munger, Livonia 48154, received on February 18, 1999, re opposing the requested lot split of property located at 16580 Merriman, owned by Raymond and Bonnie Bihary, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Pastor, it was RESOLVED, that having considered a communication from the City Assessor, dated January 26, 1999, approved for submission by the Mayor, with regard to a request from Raymond and Bonnie Bihary, 16580 Merriman Road, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-054-01-0021-000 into two (2) parcels, contingent upon receiving a letter from the petitioner promising to build either a one story or a maximum of a one and one-half story home on the site, the legal descriptions of which parcels shall read as follows PARCEL A. The West 250 20 feet of Lot 21, Bell Creek Estates, part of the N W 1/4 of Section 14, T 1 S , R 9E , Livonia Township (now City of Livonia), Wayne County, Michigan, as recorded in Liber 67, Page 33, W C R Subject to easements of record 31478 PARCEL B. The East 125 40 feet of Lot 21, Bell Creek Estates, part of the N W 1/4 of Section 14, T 1 S , R 9E , Livonia Township (now City of Livonia), Wayne County, Michigan, as recorded in Liber 67, page 33, W C R. Subject to easements of record as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, provided, however, that until a variance is granted by the Zoning Board of Appeals as to every nonconforming lot resulting from such split, none of said lots may be sold, leased or transferred The President relinquished the Chair at 9 05 p m in order to speak to the foregoing lot split request. A roll call vote was then taken on the foregoing resolution with the following result: AYES Brosnan, Walsh, and Pastor NAYS Laura, Vandersloot, and Engebretson The Vice President declared the resolution denied On a motion by Engebretson, seconded by Brosnan, it was #116-99 RESOLVED, that having considered a communication from the City Assessor, dated January 26, 1999, approved for submission by the Mayor, with regard to a request from Raymond and Bonnie Bihary, 16580 Merriman Road, Livonia, Michigan 48154, to divide Tax Item No 46-054-01-0021-000 into two (2) parcels, the Council does hereby reschedule this matter to the Regular Meeting of March 24, 1999 A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Engebretson, Vandersloot, Pastor, and Walsh NAYS Laura The Vice President declared the resolution adopted The President resumed the Chair at 9 18 p m Duggan returned to the podium at 9 18 p m 31479 On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #117-99 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated February 9, 1999, approved for submission by the Mayor, and a communication from Allie Brothers, dated February 8, 1999, wherein it is indicated that Allie Brothers has offered to hold the prices bid in 1997 through November 30, 2000, the Council does hereby accept such offer of Allie Brothers, 20295 Middlebelt, Livonia, Michigan 48152, for supplying the Division of Police with Police uniforms at the same unit prices previously accepted in Council Resolution 87-97 for a total estimated price of$41,750 00, which prices shall remain in effect through November 30, 2000, FURTHER, the Council does hereby authorize the said purchase without compet,tive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A communication from the Department of Finance, dated February 12, 1999, re delinquent account balance for false alarm billings for the property located at Imo 20295 Middlebelt Road (for which payment was received on February 23, 1999) was received and placed on file for the information of the Council On a motion by Vandersloot, seconded by Laura, and unanimously adopted, it was #118-99 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 1999, which transmits its resolution 1-19-99, adopted on January 26, 1999, with regard to Petition 98-11-2-28, submitted by Busch's, Inc , requesting waiver use approval to operate a restaurant with more than 30 seats within Busch's Marketplace in Newburgh Plaza located on the south side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in the Northwest 1/4 of Section 17, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 98-11-2-28 is hereby approved and granted, subject to a limitation on the number of customer seats not to exceed a total of 56 On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was 31480 #119-99 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 1999, which transmits its resolution 1-20-99, adopted on January 26, 1999, with regard to Petition 98-11-2-29, submitted by Stuart Frankel, on behalf of Newburgh Plaza, requesting waiver use approval to operate a full service restaurant, LaShish Restaurant, proposed to occupy a specified unit (as delineated in the legal description approved by the Engineering Division) within the Newburgh Plaza located on the south side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in the Northwest 1/4 of Section 17, which property is zoned C-2, the Council does hereby reschedule this matter to the Regular Meeting of March 10, 1999 A fax communication from LaShish Headquarters, dated February 18, 1999, re forwarding a list of their other restaurant locations was received and placed on file for the information of the Council A revised site plan, marked Revision XXX, re Petition 98-11-2-29 for the LaShish Restaurant proposed to be located within the Newburgh Plaza, was received and placed on file for he information of the Council Pastor left the podium at 9 23 p m due to a conflict of interest on the next Agenda item On a motion by Laura, seconded by Duggan, it was #120-99 RESOLVED, that having considered a communication from the City Planning Commission, dated January 27, 1999, which transmits its resolution 1-21-99, adopted on January 26, 1999, with regard to Petition 98-12-2-30, submitted by Buca, Inc , requesting waiver use approval to utilize a Class C license in connection with a proposed restaurant to be located on the north side of Six Mile Road between the I- 275 Expressway and Fox Drive in the Southwest 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 98- 12-2-30 is hereby approved and granted, FURTHER, the Council does hereby waive the 1,000 foot separation requirement as set forth in Section 11 03(h) of the Zoning Ordinance A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, and Engebretson NAYS None 31481 The President declared the resolution adopted Pastor returned to the podium at 9 24 p m On a motion by Brosnan, seconded by Pastor, it was #121-99 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 1999, which transmits its resolution 1-14-99 adopted on January 26, 1999, with regard to Petition 99-1-8-5, submitted by Chris Bailey, on behalf of Super Tire Discount, requesting site plan approval in connection with a proposal to refurbish the exterior of the commercial building located at 19268 Middlebelt Road in the Southwest 1/4 of Section 1, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-1-8-5 is hereby approved and granted, subject to the following conditions 1 That the Site Plan, marked Sheet SP-1, prepared by Wilson & Associates, as received by the Planning Commission on December 23, 1998, is hereby approved and shall be adhered to, 2 That the Landscape Plan, marked Sheet LS-1, prepared by Wilson & Associates, as received by the Planning Commission on December 23, 1998, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Building Elevation Plan, marked Sheet A-2, prepared by Wilson & Associates, as received by the City Council on February 22, 1999, is hereby approved and shall be adhered to, 6 That the walls of the trash dumpster area and oil tank storage enclosure shall be painted and constructed to match the building, and the enclosure gates shall be maintained and, when not in use, closed at all times, 7 That all new light standards shall be shielded from the adjacent properties and shall not exceed 20 feet in height; 31482 8 That no signs, either freestanding or wall-mounted, are approved with this petition, all such signage shall be separately submitted for review and approval by the Planning Commission and City Council, and 9 That the parking lot situated on the west and south sides of the building shall be fully repaved and the parking area to the east side of the building is to be repaired The President relinquished the Chair at 9 26 p m in order to speak to this matter A roll call vote was then taken on the foregoing resolution with the following result: AYES Duggan, Laura, Brosnan, Engebretson, Vandersloot, Pastor, and Walsh NAYS None The Vice President declared the resolution adopted A communication from the Department of Finance, dated February 12, 1999, re delinquent account balance for false alarm billings for the property located at 19268 Middlebelt Road (for which payment was received on February 22, 1999) was received and placed on file for the information of the Council The floor plan and building elevations, revised on February 22, 1999, re Petition 99-1-8-5 (Super Tire Discount located at 19268 Middlebelt Road) was received and placed on file for the information of the Council The President resumed the Chair at 9 31 p m On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #122-99 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda I L 31483 On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was #123-99 RESOLVED, that having considered a communication from the Plymouth Road Development Authority, dated February 22, 1999, approved for submission by the Mayor, submitted pursuant to Council Resolution 66-99, which submits an offer to purchase City-owned property located at 31602 Plymouth Road (Sidwell No 108-99-0050-000) in the Southeast 1/4 of Section 27, more particularly described as The North 165 ft. of the South 375 ft. of the West 50 ft. of the East 705 ft. of the S E 1/4 of Section 27, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, more particularly described as Beginning at a point which is distant N 89 degrees 2220" W 655 00 ft. and N 0 degrees 07'50" W 210 00 ft. from the S E corner of said Section 27, thence N 89 degrees 22'20"W 50 00 ft., thence N 0 degrees 07'50" W 165 00 ft., thence S 89 degrees 22'20" E 50 00 ft., thence S 0 degrees 07'50" E 165 00 ft. to the point of beginning, containing 8,249.28 square feet or 0 18938 acres of land Subject to and/or together with all easements or rights of record (31602 Plymouth Road) the Council does hereby accept said offer to purchase and does hereby authorize the sale of the aforesaid City-owned property to the Plymouth Road Development Authority, 33000 Civic Center Drive, Livonia, Michigan 48154, for a total purchase price of$20,000 00, which sale is conditioned upon the purchaser providing such title work as may be required for this transaction at its expense, the action herein being taken in order to best serve the interests of the community and in accordance with Section 3 05 090(A) of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction Michael Polsinelli, Chairman of the Plymouth Road Development Authority, 25800 Northwestern Highway, Southfield, was present to answer questions On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was. 31484 #124-99 RESOLVED, that having considered a communication from the Department of Law, dated February 8, 1999, approved for submission by the Mayor, transmitting for Council acceptance three corrected Grants of Easement, more particularly described as (1) Grant of Easement dated January 25, 1999, executed by Anthony and Mary Greco, to the City of Livonia, for An easement described as Commencing at a point on the North line of the subject parcel distant S 89°2810" E , 215 00 feet from the Northwest corner thereof and proceeding thence S 89°2810" E , 597 00 feet to a corner of the property; thence S 00°05'21" W , 6 00 feet; thence N 89°2810" W , 567 00 feet; thence S 00°35'41" E., 10 00 feet; thence N 89°2810" W , 29 93 feet; thence N 00°35'41" W , 16 00 feet to the Point of Beginning over that property described as Part of the N W 1/4 of Section 29, T 1 S , R. 9 E , beginning S 00°35'41" W , 1822 85 feet from the N 1/4 corner of Section 29, thence S 00°35'41" W , 33 15 feet; thence N 89°28'10" W , 1090 00 feet; thence N 00°35'41" E., 132 00 feet; thence S 89°28'10" E., 812.00 feet; thence S 00°05'21" W , 96 85 feet; thence S 89°03'19" E , 277 15 feet to the Point of Beginning (12853/12851 Levan Road, Livonia, MI) (2) Grant of Easement dated January 25, 1999, executed by John and Linda Klotz, to the City of Livonia, for A 6 foot wide easement for water main purposes described as the South 6 00 feet of the West 600 00 feet of the East 855 00 feet of that parcel described as the South 130 00 feet of the North 1,724 00 feet of the East 1,310 00 feet of the Northwest 1/4 of Section 29, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, except the West 280 00 feet thereof Parcel 114-99-0006-000 (12955 Levan Road) (3) Grant of Easement dated January 25, 1999, by Anthony and Mary Greco, to the City of Livonia, for. An easement described as The North 6 0 feet of the West 20 00 feet of that parcel described as part of the N W 1/4 of Section 29, T 1 S , R. 9 E , beginning S 00°35'41" W , 1,724 00 feet from the N 1/4 corner of Section 29 and proceeding thence S 00°35'41" W , 98 85 feet; thence N 89°2810" W , 277 15 feet; thence N 00°05'21" E , 98 85 feet; thence S 89°28'10" E , 277 00 feet to the Point of Beginning (12855 Levan Road, Livonia, MI) 31485 the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid corrected Grants of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #125-99 RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 1998, which transmits its resolution 12-204-98, adopted on December 15, 1998, with regard to Petition 98-11-2-23, submitted by T Rogvoy Associates, Inc., on behalf of Millennium Park, L.L.0 , requesting waiver use approval to construct a Meijer store, a Home Depot, and a five (5) tenant building on property located on the east side of Middlebelt Road between Schoolcraft Road (I- 96 Jeffries Freeway) and the CSX Railroad right-of-way in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 98-11-2-23 is hereby approved and granted, subject to the following conditions 1 That the Site Plan, marked Sheet SPA-2, prepared by T Rogvoy Associates, Inc., dated November 11, 1998, is hereby approved and shall be adhered to, 2 That the Landscape Plan, marked Sheet SPA-3, and the 10 Landscape Detail Plans, marked Sheets SPA-3a through SPA-3j, prepared by Design Team Limited, all dated November 9, 1998, are hereby approved and shall be adhered to, 3 That the Building Elevation Plan, marked Sheet SPA-4, prepared by T Rogvoy Associates, Inc., dated November 3, 1998, is hereby approved and shall be adhered to, 4 That the Building Elevation Plan, marked Sheet SPA-5a, prepared by SSOE Architects Inc , dated November 9, 1998, is hereby approved and shall be adhered to, 5 That the Building Elevation Plan marked sheet SPA-6a prepared by Greenberg Farrow Architects, dated November 10, 1998, is hereby approved and shall be adhered to, 31486 6 That the Building Elevation Plan, marked Sheet SPA-7a, prepared by T Rogvoy Associates, Inc., dated November 9, 1998, is hereby approved and shall be adhered to, 7 That the brick used in the construction of the buildings shall be full-face four (4") inch brick, no exceptions, 8 That all lawn areas (except outlots) shall be sodded in lieu of hydroseeding, 9 That all rooftop mechanical units shall be concealed from view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the buildings, 10 That no signs, either freestanding or wall mounted, are approved with this petition, all such signage shall be separately submitted for review and approval by the Planning Commission and City Council, 11 That the 140,000 sq ft. building will be restricted to five (5) tenants, and 12 That the petitioner shall correct to the satisfaction of the Engineering Division the concerns as outlined in their correspondence dated November 23, 1998 Marvin Walkon, 5 Manor Wood, Bloomfield Hills — introduced various individuals who spoke and/or made presentations with respect to this matter Mark Drane, T Rogvoy Associates, 6735 Telegraph Road, Bloomfield Hills — gave an overview of the project; Ralph Nunez, Design Team, Ltd , 19080 W Ten Mile Road, Southfield — reviewed the landscape plan for the site, Scott Nowakowski and Al Kachinowski, Meijer, Inc , 2929 Walker Ave , Grand Rapids— addressed the new look of their proposed store with the concept of individual centers, Mike B Kline, Electra Lume, Inc , 3055 Hilton, Ferndale — addressed the lighting aspect; and Tim Platt, Home Depot, 233 Washington Street, Grand Haven — stated they would like their store to open in mid-fall 31487 A communication from Meijer, Inc , dated February 22, 1999, re a store seating comparison between the Livonia, Northville and Westland stores was received and placed on file for the information of the Council A communication from the Director of Planning, received on February 24, 1999, re lighting photometrics at the Pentagon Entertainment Center was received and placed on file for the information of the Council The landscape plan marked Sheet SPA-3a for Millennium Park, revised on February 17, 1999, was received and placed on file for the information of the Council The minutes of the Committee of the Whole meeting held Monday, February 22, 1999, re the Millennium Park Development were received and placed on file for the information of the Council was On a motion by Walsh, seconded by Pastor, and unanimously adopted, it #126-99 RESOLVED, that having considered a communication from the City Planning Commission, dated January 21, 1999, which transmits its resolution 12-205-98, adopted on December 15, 1998, with regard to Petition 98-11-2-24, submitted by Meijer, Inc., requesting waiver use approval to utilize an SDM license in connection with a Meijer store proposed to be located on the east side of Middlebelt Road between Schoolcraft Road (1-96 Jeffries Freeway) and the CSX Railroad right-of- way in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur the recommendation of the City Planning Commission and said Petition 98-11-2-24 is hereby approved and granted with respect to the SDM license only (petitioner having withdrawn its request for the SDD license), subject to the following conditions. 1 That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 11 03 and 19 06 of Zoning Ordinance No 543, 2 That the subject site has the capacity to accommodate the proposed use, and 31488 3 That the utilization of an SDM license is a part of the normal operation of the subject business On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was #127-99 RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 1998, which transmits its resolution 12-206-98, adopted on December 15, 1998, with regard to Petition 98-11-2-25, submitted by T Rogvoy Associates, Inc., on behalf of Millennium Park, L.L.0 , requesting waiver use approval to operate a restaurant within a Meijer store proposed to be located on the east side of Middlebelt Road between Schoolcraft Road (1-96 Jeffries Freeway) and the CSX Railroad right-of-way in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 98- 11-2-25 is hereby approved and granted, subject to a limitation on the number of customer seats not to exceed a total of 140 There was no audience communication at the end of the meeting On a motion by Brosnan, seconded by Duggan, and unanimously adopted, this 1,387th Regular Meeting of the Council of the City of Livonia was adjourned at 11 11 pm , February 24, 1999 J4a McCotter, City Clerk