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HomeMy WebLinkAboutCOUNCIL MINUTES 1999-03-24 31515 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND EIGHTY-NINTH REGULAR MEETING OF MARCH 24, 1999 On March 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 Brosnan delivered the invocation Roll was called with the following result: Maureen Miller Brosnan, Val I Vandersloot, John R. Pastor, Brian Duggan, Joe Laura, and Jack Engebretson Absent: John J Walsh (business conflict) Elected and appointed officials present. Jack E Kirksey, Mayor; John Nagy, City Planner; John Hill, Assistant City Engineer; Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk, Robert J Beckley, Director of Public Works, John Fegan, Director of Inspection, James Inglis, Director of the Housing Commission, Linda McCann, Director of Community Resources, Ronald Reinke, Superintendent of Parks and Recreation, Jeanne Treff, Administrative Assistant— Cable Television Division, and Ian Wilshaw, Traffic Commission On a motion by Duggan, seconded by Pastor, it was #152-99 RESOLVED, that the minutes of the 1,388th Regular Meeting of the Council of the City of Livonia, held March 10, 1999, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Pastor, Duggan, and Laura NAYS None PRESENT Vandersloot and Engebretson No one from the audience wished to speak during the audience communication portion of the meeting 31516 Councilmember Pastor extended prayers for Jeanne Hildebrandt, a well- known citizen of Livonia Councilmember Duggan wished a belated "Happy Birthday" (March 19) to Linda Fry, Clerk Typist in the City Council/Zoning Board of Appeals offices. Additionally, Council President Engebretson thanked Vice President Walsh for presiding over meetings during his illness, and also announced a Detroit Edison Town Meeting scheduled for Thursday, March 25, 1999, at 7 00 p m in the City Hall Auditorium This meeting was scheduled to discuss the recent electrical outages of three Edison sub-stations in Livonia, and everyone was invited to attend On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #153-99 RESOLVED, that the Council does hereby refer to the Department of Law the issue of whether there should be an ordinance amendment to make the possession of G H B illegal A communication from the Department of Law, dated March 10, 1999, re the appeal filed by Parkview Memorial Association with respect to Special Assessment District No 393 —the installation of street lights on davit poles along Stark Road, north of Veterans Park, continuing northerly on Stark Road and easterly on Lyndon Avenue to Farmington Road —was received and placed on file for the information of the Council (CRs 714-97, 507-97 and 346-97) At the direction of the Chair, Item #25a was removed from the Agenda and rescheduled to the Regular Meeting of April 7, 1999 On a motion by Duggan, seconded by Pastor, it was #154-99 RESOLVED, that having considered a letter from St. Andrew's Episcopal Church, dated March 1, 1999, which requests permission to place signs announcing an All-Parish Rummage/Garage Sale to be conducted on Friday and Saturday, April 23 and April 24, 1999, which signs are double-sided and are 4' x 5' in size and which will be located on the northeast corner of Hubbard and Five Mile Roads and the northeast corner of Hubbard and Six Mile Roads, and which signs would 31517 be removed on April 24, 1999, the Council does hereby grant and approve this request in the manner and form herein submitted #155-99 RESOLVED, that having considered a letter from Sandra Beslach, representing The Sideline Restaurant, 36000 Seven Mile Road, Livonia, Michigan 48152, received in the Office of the City Clerk on March 4, 1999, requesting an amendment to the existing sublease for the Fox Creek Golf Course Clubhouse (The Sideline) in order to sell alcoholic beverages on the golf course at Fox Creek, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation #156-99 RESOLVED, that having considered a letter from Sandra Beslach, representing The Sideline Restaurant, 36000 Seven Mile Road, Livonia, Michigan 48152, received in the Office of the City Clerk on March 4, 1999, requesting an amendment to the existing sublease for the Fox Creek Golf Course Clubhouse (The Sideline) in order to sell alcoholic beverages on the golf course at Fox Creek, the Council does hereby refer this item to the Parks and Recreation Commission for its report and recommendation #157-99 RESOLVED, that having considered a communication from the City Assessor, dated February 18, 1999, approved for submission by the Mayor, with regard to a request from Mr and Mrs Ronald Lamerand, 39115 Plymouth, Livonia, Michigan 48150, represented by James T Bilicki, Benner and Bilicki, 39319 Plymouth Road, Suite 8, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division and combination of Tax Item Nos 46-119-99-0027-000, 46-119-99-0028-001 and 46-119-99- 0028-002 into two (2) parcels, the legal descriptions of which shall read as follows PARCEL 1: Part of the Southwest 1/4 of Section 30, T 1 S , R 9E , City of Livonia, Wayne County, Michigan, described as Commencing at the intersection to the west line of said Section 30 with the centerline of Plymouth Road (66 feet wide), thence S 74°36'40" E. 605 47 feet along said centerline to the Point of Beginning, thence continuing S 74°36'40" E 182 63 feet along said centerline, thence S 15°23'20" W 185 00 feet; thence S 74°36'40" E 229 50 feet; thence S 16°59'46" W 393 86 feet; thence N 73°38'55" W 242 96 feet; and thence due north 596 00 feet to the Point of Beginning Containing 3 38 acres of land, more or less Subject to the rights of the public over the northerly 33 feet for 31518 Plymouth Road (66 feet wide) Also subject to any and all easements or rights of way of record, if any PARCEL 2. Part of the Southwest 1/4 of Section 30, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as Commencing at the intersection of the west line of said Section 30 with the centerline of Plymouth Road (66 feet wide), thence S 74°36'40" E. 1023 60 feet along said centerline to the Point of Beginning, thence continuing S 74°36'40" E 33 33 feet along said centerline, thence due south 603 90 feet; thence N 73°38'55" W 210 66 feet; thence N 16°59'46" E 393 86 feet; thence S 74°36'40" E 6 00 feet; and thence N 15°23'20" E 185 00 feet to the Point of Beginning Containing 1 61 acres of land, more or less Subject to the rights of the public over the northeasterly 33 feet for Plymouth Road Also subject to any and all easements or rights of way of record, if any 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 #158-99 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated March 8, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits resolution #2464-99 adopted by the Parks and Recreation Commission on February 25, 1999, wherein it is requested that the Council approve a Grant Application for a grant from the Clean Michigan Initiative Recreation Bond for a picnic pavilion, comfort station and walkway at John Stylmelski Veterans' Park, the Council does hereby approve the Grant Application in the manner and form herein submitted under the 25/75 Matching Grant Program with the understanding that the total amount of the grant being requested is $230,714 00, of which the City's share shall be $57,678 50, and does hereby authorize the Superintendent of Parks and Recreation to submit the application to the Michigan Department of Natural Resources #159-99 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated March 2, 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 Intelligence Bureau vehicles as follows 31519 • One (1) 1999 Ford Explorer from Varsity Ford, 3480 Jackson Road, P 0 Box 2507, Ann Arbor, Michigan 48106-2507, in the amount of $22,833 80, through the Oakland County consortium, • One (1) 1999 Ford Taurus from Signature Ford, 1960 E Main, Owosso, Michigan 48867, in the amount of$15,801 10, through the Oakland County consortium, • One (1) 1999 Dodge Intrepid from Snethkamps Lansing Dodge, 6131 South Pennsylvania, Lansing, Michigan 48911, in the amount of$20,527 00, through the State of Michigan consortium, FURTHER, the Council does hereby authorize the purchase of one (1) 1999 Ford Mustang from Bill Brown Ford, Inc , 32222 Plymouth Road, Livonia, Michigan 48150, in the amount of$20,000 00, FURTHER, the total amount of$76,324 78 for the purchase of these four (4) vehicles is to be expended from funds already budgeted for this purpose in Account #101-329-985-000, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan and/or low Oakland County consortium bids and/or such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the disposal of four (4) surplus City-owned vehicles at public auction after receipt of the new vehicles #160-99 RESOLVED, that having considered 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, MI 48150, Wayne County, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation #161-99 RESOLVED, that having considered a communication from the Director of Public Works, dated March 4, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the low bid which meets specifications of Plymouth Concrete, Inc , 600 Junction Street, Plymouth, Michigan 48170, for supplying the Public Service Division (Road Maintenance Section) with readymix concrete at the unit prices bid for the period April 1, 1999, through March 31, 2000, for an estimated total 31520 amount of$51,640 00, FURTHER, in the event the aforesaid low bidder is unable to furnish the material, the Council does hereby accept the second lowest bid which meets specifications of National Ready-Mix, Inc , 39000 Ford Road, Westland, Michigan 48185, for supplying the Public Service Division (Road Maintenance Section) with readymix concrete at the unit prices bid for the period April 1, 1999, through March 31, 2000, for an estimated total amount of$52,950 00 #162-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 5, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Michigan Turf, Inc., P 0 Box 158, Taylor, Michigan 48180, for completing all work required in connection with the City's 1999 Street Tree Planting Program for the estimated total cost of$47,850 00, based upon the Public Service Division's estimate of units involved, and subject to final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #163-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated March 3, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a proposed contract between the City of Livonia and the Michigan Humane Society, 3600 Auburn Road, Rochester Hills, Michigan 48309, wherein the latter would provide animal sheltering services to the City for a two-year period commencing October 1, 1998, through November 30, 2000, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement subject to approval as to form by the City Attorney; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D2 and D4 of the Livonia Code of Ordinances, as amended #164-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works, the Superintendent of Public Service and the Superintendent of Parks and Recreation, dated February 22, 1999, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and is approved for submission by the Mayor, the Council does hereby accept the bid of Sprinkler 31521 Services Company, 30017 W Eight Mile Road, P 0 Box 530693, Livonia, Michigan 48153, for completing all work in connection with the installation only of an irrigation system at the Fox Creek Golf Course for the sum of $156,950 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the Finance Department to solicit quotations from local banks for an installment purchase loan for the financing of this project over a five year period, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized 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 #165-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works, the Superintendent of Public Service and the Superintendent of Parks and Recreation, dated February 22, 1999, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and is approved for submission by the Mayor, the Council does hereby accept the bid of Valley Turf, Inc., 11711 E. Grand River Avenue, Brighton, Michigan 48116, for the supply of materials and equipment only for a new irrigation system at the Fox Creek Golf Course for the sum of$234,878 67, the same having been in fact the lowest bid received which meets all specifications, and the bid of Century Rain Aid is hereby rejected for the reasons indicated in the attachment; FURTHER, the Council does hereby authorize the Finance Department to arrange an installment purchase loan for the financing of this project over a five year period, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized 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 #166-99 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission and the Supervisor of the Community Development Office-Housing Commission, dated February 22, 1999, approved for submission by the Mayor, regarding the cancellation of the Community Home Improvement Program (CHIP) by the Michigan State Housing Development Authority (MSHDA) and the replacement of such program with the Property Improvement Program (PIP), the Council does hereby authorize the Housing Commission to submit the necessary application documents to participate in the Michigan State Housing Development Authority's Property Improvement Program #167-99 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated 31522 February 22, 1999, approved for submission by the Mayor, and to which is attached a report containing a brief explanation of the 1999-2000 Community Development Block Grant (CDBG) Program, the Council does hereby take this means to indicate its informal approval of the proposed program and does further authorize the conducting of a public hearing on this matter for public comment so that thereafter a final program and budget will be prepared for submission to the City Council #168-99 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated February 19, 1999, approved for submission by the Mayor, and which indicates that the Housing Commission has recommended adjustments in the admission and continued occupancy income limits for Silver Village, Newburgh Village and City-owned homes, the Council does hereby concur and approve of the recommended action with respect to admission income limits only and does hereby approve the following adjustments Section I - Eligibility for Admission ADMISSION Present Income Limits Revised Income Limits One Person $31,700 $33,450 Two Persons $36,250 $38,250 Three Persons $40,750 $43,000 Four Persons $45,300 $47,800 Five Persons $48,900 $51,600 Six Persons $52,550 $55,450 #169-99 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated February 22, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which indicates that the Housing Commission has recommended the following rental adjustments with respect to Newburgh Village Adjusted Rent Bedroom Size Current Rent Effective 6-1-99 One Bedroom $435 $440 Two Bedroom 505 510 The above rents exclude gas and electric utility costs the Council does hereby concur in and approve of the recommended action 31523 #170-99 RESOLVED, that having considered a communication from Michael V Polsinelli, Chairman of the Plymouth Road Development Authority, dated February 18, 1999, to which is attached a proposed employment agreement between the Plymouth Road Development Authority and the Director of the Plymouth Road Development Authority, the Council does hereby approve this agreement in the manner and form herein submitted Communications from the Traffic Commission, dated February 16, 1999, and from the Plymouth Road Development Authority, dated February 24, 1999, re response to CR #896-98 —the installation of additional traffic signals and/or signs at the corner of Plymouth and Wayne Roads — were received and placed on file for the information of the Council A communication from the Engineering Division, dated February 25, 1999, re administrative response to CR 538-97 —the drainage, broken fence and uneven sidewalk adjacent to 36876 Munger—was received and placed on file for the information of the Council #171-99 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated February 22, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting an additional appropriation for costs to complete the installation of a traffic signal at the intersection of Eight Mile and Purlingbrook, previously authorized pursuant to Council Resolution 737-97, the Council does hereby appropriate and authorize the expenditure of the additional sum of$3,512 58 from the Michigan Transportation Fund (Major Road Account) for this purpose for the reasons outlined in the aforesaid communication, FURTHER, the Council does hereby authorize final payment to be made to the Road Commission for Oakland County in the amount of$10,812 58 for this work. #172-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated March 8, 1999, which bears the signature of the Director of Finance, is approved by the Superintendent of Parks and Recreation and is approved for submission by the Mayor, the Council does hereby accept 31524 the unit price bid of Core Concrete Construction, Inc , 31088 Grennada, Livonia, Michigan 48154, for completing all work required in connection with the 1999 Sidewalk Program (Contract 99-B) for the estimated total cost of$473,201 65 based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, FURTHER, the Council does hereby authorize an advance in the amount of $336,622 40 (single lot assessment portion of the program) from the General Obligation Road Improvement Bond Issue with the provision that this bond issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are subsequently received from the payment of bills and assessments by affected property owners, FURTHER, the Council does hereby appropriate and authorize an expenditure in the additional amount of $135,666 25 from the Michigan Transportation Fund ($120,661 85 from the Local Road Account and $15,004 40 from the Major Road Account) to pay for the City's portion of this contract; FURTHER, the Council does further authorize from funds previously budgeted the amount of$913 00 from Account No 101-707-974-000 (Land Improvement) to pay for certain pavement repairs at Clements Circle Pool, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #173-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated February 24, 1999, which bears the signature of the Director of Finance, is approved by the Director of Inspection and is approved for submission by the Mayor, the Council does hereby accept the quotation of Michigan Grounds Management, 14931 Farmington Road, Livonia, Michigan 48154, (which unit bid prices are the same as the unit bid prices paid for the last four years) for performing all services required in connection with the 1999 Weed Cutting and Property Maintenance Program (Contract 99-A) for the total estimated cost of$25,000 00 based upon the Inspection Department's estimate of units involved and subject to a final payment based upon the actual units completed in accordance with the unit prices accept herein, and the Council does hereby authorize an advance in the contract amount from the Municipal Refuse Fund Account for the purpose of making payments to the contractor as the work is completed, with the provision that the Municipal Refuse Fund Account be reimbursed as bills for weed cutting are collected, and the Director of Inspection is hereby authorized to approve minor adjustments in the work as it becomes necessary, and the bids of Pritula and Sons and Gregg Norman Enterprises, Inc are hereby rejected for the reasons indicated in 31525 the attachment, and the Council does hereby direct that the bid bond submitted by Gregg Norman Enterprises, Inc be returned to such bidder; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with Michigan Grounds Management and to do all things necessary or incidental to the full performance of this resolution #174-99 RESOLVED, that having considered a communication from Councilmember Joe Laura, dated March 8, 1999, the Council does hereby amend and revise Council Resolution 56-99 so as to have the same read as follows RESOLVED, that having considered a letter from the President of the Livonia Anniversary Committee, Inc., dated January 19, 1999, which submits a request for approval of the following items 1 The issuance of a permit to Pugh Shows to conduct carnival amusement rides at Henry Ford Field as part of this year's SPREE '49 Celebration, on June 22, 23 and 24, 1999, from 2 00 p m to midnight and on June 25, 26 and 27, 1999, from 12 00 noon to midnight, subject to the City of Livonia and the Livonia Anniversary Committee, Inc being identified as additional insured on Pugh Shows' general liability insurance policy; 2 The issuance of a permit to the Anniversary Committee to conduct a circus and/or lumberjack show on June 22-27, 1999, at Ford Field, 3 Authorization of the Anniversary Committee to conduct a fireworks display at Veterans' Park to be held on Sunday, June 27, 1999, at 10 00 p m , which display will be fired by American Fireworks, Inc., subject to providing liability insurance for this event and subject to the City of Livonia and the Livonia Anniversary Committee, Inc. being designated as additional insured on their policy; 4 Authorization of the Livonia Anniversary Committee to use and/or lease the facilities at Henry Ford Field, Veterans' Park and the Eddie Edgar Arena during the period of the SPREE '49 celebration in accordance with the fees/waivers grid for events co-sponsored by the City of Livonia, and 5 A waiver of all fees prescribed by ordinance or law with respect to Items 2 and 3 above, as well as a waiver of all 31526 vendors' license fees for community organizations and/or groups authorized to participate in SPREE '49 by the Anniversary Committee, the Council does hereby concur in and approve the foregoing requests, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution #175-99 RESOLVED, that having considered a communication from the City Planning Commission, dated March 2, 1999, which transmits its resolution 2-38-99, adopted on February 23, 1999, with regard to a Sign Permit Application, submitted by Judd Electronics, on behalf of O'Malley's Bar & Grill, requesting approval for signage for the restaurant located at 15231 Farmington Road in the Northeast 1/4 of Section 21, the Council does hereby concur in the recommendation of the Planning Commission and approves the said Sign Permit Application, subject to the following conditions 1 That the Sign Package submitted by Judd Electronics, as received by the Planning Commission on February 12, 1999, is hereby approved and shall be adhered to, 2 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, and 3 That the sign will be off one hour after closing #176-99 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated March 8, 1999, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by Nextlink Michigan, Inc., requesting approval for access to and ongoing use of the public right- of-ways within the City for a proposed telecommunications system utilizing approximately 9 miles of public right-of-way, as more particularly described in the attachment to the permit application, the Council does hereby designate Wednesday, April 28, 1999, at 7 00 p m as the date and time for conducting a public hearing with regard to whether or not to approve such permit application, 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 Section 12 06 050G of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolutions with the following result: 31527 AYES Brosnan, Vandersloot, Pastor, Duggan, Laura, and Engebretson NAYS None On a motion by Laura, seconded by Duggan, it was RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated March 2, 1999, submitted pursuant to Council Resolution 53-99, and a communication from the City Planning Commission, dated November 2, 1998, which sets forth its resolution 10-188-98 adopted on October 27, 1998, with regard to a permit application submitted by Michael Carson for a satellite dish antenna on property located at 14855 Santa Anita Avenue in the Northeast 1/4 of Section 24, and the Council having conducted a public hearing with regard to this matter on Wednesday, January 6, 1999, pursuant to Council Resolution 862-98, the Council does hereby concur in the recommendation of the City Planning Commission and the said permit application is hereby denied for the following reasons 1 That due to its size and location, this dish antenna would be detrimental to the aesthetic quality and beauty of the neighborhood by presenting a visual blight that could jeopardize the property values in the area as set forth in the comprehensive plan of the Zoning Ordinance, and 2 That the dish antenna is disturbing to and not in harmony with the surrounding area A communication from Jacqueline M Reeves and Michael R. Carson, 14855 Santa Anita, Livonia, dated March 22, 1999, re forwarding a landscape plan with respect to their request for a satellite dish antenna was received and placed on file for the information of the Council (CR 53-99) A communication from the Western Golf Estates Homeowners Association, dated March 22, 1999, re stating their approval of the landscaping plan with respect to the satellite dish proposed to be located at 14855 Santa Anita was received and placed on file for the information of the Council 31528 A petition in favor of the request for a satellite dish antenna, with the proposed landscaping, on property located at 14855 Santa Anita, signed by 55 surrounding homeowners, was received and placed on file for the information of the Council A roll call vote was then taken on the foregoing resolution with the following result: AYES Brosnan, Duggan and Laura NAYS Vandersloot, Pastor and Engebretson The President declared the resolution rejected due to a lack of majority vote On a motion by Laura, seconded by Vandersloot, it was RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated March 2, 1999, submitted pursuant to Council Resolution 53-99, and a communication from the City Planning Commission, dated November 2, 1998, which sets forth its resolution 10-188-98 adopted on C:;tober 27, 1998, with regard to a permit application submitted by Michael Carson to install a satellite dish antenna on property located at 14855 Santa Anita Avenue in the Northeast 1/4 of Section 24, pursuant to Section 18 42 of Ordinance 543, as amended, and the Council having conducted a public hearing with regard to this matter on Wednesday, January 6, 1999, pursuant to Council Resolution 862-98, the Council does hereby reject the recommendation of the City Planning Commission and the said permit application is hereby approved and granted subject to the following conditions 1 That the request to retain the satellite dish antenna at its existing location is hereby approved, 2 That the Landscape Plan, prepared by the Planning Department, dated March 19, 1999, is hereby approved and shall be adhered to, and 3 That the landscaping, as shown on the approved plan, shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition On a motion by Pastor, seconded by Vandersloot, it was, 31529 RESOLVED, that the Council does hereby determine to substitute a resolution which would reschedule the foregoing subject matter to the Regular Meeting of April 7, 1999, in lieu of the foregoing approving resolution A roll call vote was taken on the motion to substitute with the following result: AYES Vandersloot, Pastor and Engebretson NAYS Brosnan, Duggan and Laura The President declared the motion to substitute rejected due to a lack of majority vote A roll call vote was then taken on the originally proposed resolution by Laura and Vandersloot, as follows RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated March 2, 1999, submitted pursuant to Council Resolution 53-99, and a communication from the City Planning Commission, dated November 2, 1998, which sets forth its resolution 10-188-98 adopted on October 27, 1998, with regard to a permit application submitted by Michael Carson to install a satellite dish antenna on property located at 14855 Santa Anita Avenue in the Northeast 1/4 of Section 24, pursuant to Section 18 42 of Ordinance 543, as amended, and the Council having conducted a public hearing with regard to this matter on Wednesday, January 6, 1999, pursuant to Council Resolution 862-98, the Council does hereby reject the recommendation of the City Planning Commission and the said permit application is hereby approved and granted subject to the following conditions 1 That the request to retain the satellite dish antenna at its existing location is hereby approved, 2 That the Landscape Plan, prepared by the Planning Department, dated March 19, 1999, is hereby approved and shall be adhered to, and 3 That the landscaping, as shown on the approved plan, shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition with the following result: AYES Vandersloot, Pastor and Engebretson NAYS Brosnan, Duggan and Laura 31530 The President declared the resolution rejected due to a lack of majority vote On a motion by Pastor, seconded by Vandersloot, it was RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated March 2, 1999, submitted pursuant to Council Resolution 53-99, and a communication from the City Planning Commission, dated November 2, 1998, which sets forth its resolution 10-188-98 adopted on October 27, 1998, with regard to a permit application submitted by Michael Carson to install a satellite dish antenna on property located at 14855 Santa Anita Avenue in the Northeast 1/4 of Section 24, pursuant to Section 18 42 of Ordinance 543, as amended, and the Council having conducted a public hearing with regard to this matter on Wednesday, January 6, 1999, pursuant to Council Resolution 862-98, the Council does hereby reschedule this matter to the Regular Meeting of April 7, 1999 A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Pastor and Engebretson NAYS Brosnan, Duggan and Laura The President declared the resolution rejected due to a lack of majority vote On a motion by Laura, seconded by Duggan, and unanimously adopted, it was #177-99 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated March 2, 1999, submitted pursuant to Council Resolution 37-99, and the report and recommendation of the Economic Development Manager, dated December 21, 1998, approved for submission by the Mayor, and a subsequent communication dated January 5, 1999, requesting to upgrade the Grantland Avenue access road to the Peregrine property to a Class A truck route, the Council does hereby determine to take no further action on this matter inasmuch as the request has been withdrawn A communication from the Department of Law, dated March 22, 1999, re establishment of a "sidewalk fund" in connection with requests for waivers of the 31531 sidewalk requirement for new developments was received and placed on file for the information of the Council (CR 910-98) It was noted that Item #25d, the subject of requests for waivers of the sidewalk requirement with respect to new developments (CR 910-98), is to remain in the Streets, Roads and Plats Committee On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #178-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 8, 1999, submitted pursuant to Council Resolution 937-98, and the report and recommendation of the Director of Public Works and the City Engineer, dated October 5, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and submitted pursuant to Council Resolution 449-98 regarding the proposed installation of sidewalks on the north and south sides of Seven Mile between Newburgh Road and Farmington Road in Sections 4, 5, 8 and 9 at the locations indicated in the attachment to the aforesaid communication, and a public hearing having been held thereon on Wednesday, December 2, 1998, pursuant to Council Resolution 827-98, the Council does hereby require the respective owners of lots and premises referred to in said attachment to construct and install sidewalks at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Section 12 04 340 of Title 12, Chapter 04 of the Livonia Code of Ordinances, as amended, FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalks on or before June 1, 1999, after which date the Engineering Division shall arrange for the construction of the said sidewalks in accordance with Section 12 04 350 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize John Carlo Inc., 21570 Hall Road, P 0 Box 8, Mt. Clemens, Michigan 48046, to complete all work required in connection with the construction of said sidewalks in accordance with its existing contract with the County of Wayne for the Seven Mile Road reconstruction project (previously authorized in Council Resolution 449-98), FURTHER, the Council does hereby direct that the $12 Million General Obligation Bond Issue, from which an advance in the amount of$56,688 99 was previously authorized, shall be reimbursed at such time as funds are available from that portion of the project which is to be financed by single lot assessment at such time as funds are subsequently received from the payment of bills and assessments by affected property owners, FURTHER, the Council does hereby authorize 31532 the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, and the City Engineer is hereby authorized to do all other things necessary or incidental to the full performance of this resolution A communication from the Department of Law, dated March 11, 1999, re the proposed installation of sidewalks on the north and south sides of Seven Mile Road between Newburgh Road and Farmington Road and associated right-of-way agreements was received and placed on file for the information of the Council (CRs 449-98, 827-98 and 937-98) On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #179-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 8, 1999, submitted pursuant to Council Resolution 516-98, regarding the purchase of new computer equipment, cabinet modifications and appropriate new signage to update the two City-owned City Hall in the Mall kiosks, the Council does hereby determine that the two City-owned kiosks are considered surplus property and does hereby authorize the Department of Community Resources to dispose of such kiosks, FURTHER, the Council does hereby request that the Department of Community Resources take all steps necessary to inform Laurel Park Mall to delete all City information included within the kiosk. Pastor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 30 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 98-9-1-18) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Vandersloot, Pastor, Duggan, Laura, and Engebretson NAYS None 31533 The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Brosnan, seconded by Vandersloot, it was #180-99 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated February 22, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which indicates that the Housing Commission has recommended a rental adjustment for Silver Village as follows A) Pre-December 1990 Residents —40 Residents: Adjusted Rent Bedroom Size Current Rent Effective 6-1-99 One Bedroom $285 $290 Two Bedroom 320 325 B) Post-December 1990 Residents — 68 Residents. One Bedroom $350 $355 Two Bedroom 405 410 The above rents exclude gas and electric utility costs the Council does hereby concur in and approve of the recommended action A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, Pastor, Laura, and Engebretson NAYS Duggan The President declared the resolution adopted A communication from Bernard A. Skotzke, 9967 Cavell Street, Livonia, dated March 16, 1999, re questions raised with respect to the resurfacing of Plymouth Road was received and placed on file for the information of the Council 31534 A communication from the Public Service Division sent to Bernard A. Skotzke, dated March 19, 1999, re in response to various questions he raised with respect to the Plymouth Road resurfacing project was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #181-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated March 5, 1999, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, with respect to the selection of a design consultant for the resurfacing of Plymouth Road between Inkster and Farmington Roads, the Council does hereby authorize the administration to enter into negotiations with Orchard, Hiltz, & McCliment, Inc for such design services, FURTHER, in the event that the negotiations are not completed, the administration is hereby authorized to negotiate with Hubbell, Roth & Clark, Inc for these same services, FURTHER, the proposed agreement shall thereafter be submitted to Council for its consideration On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #182-99 RESOLVED, that having considered a communication from Councilmember Maureen Miller Brosnan, dated March 3, 1999, regarding a request to rescind Council Resolution 839-98 adopted on November 4, 1998, wherein the Council denied Petition 98-4-2-7 submitted by Modern Moving Company requesting waiver use approval for outdoor parking of moving company vehicles on property located on the south side of Eight Mile Road between Merriman Road and Osmus Avenue in the Northeast 1/4 of Section 3, the Council does hereby determine to take no further action on this matter The President relinquished the Chair at 8 45 p m to Senior Councilmember Brosnan to address the foregoing item On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was 31535 #183-99 RESOLVED, the Council does hereby determine to refer the issue of false alarm charges and late fees to the Legislative Committee for its report and recommendation On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was #184-99 RESOLVED, that the Council does hereby request the Department of Law to obtain a survey of other communities with respect to false alarm charges and late fees On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was #185-99 RESOLVED, that the Council does hereby refer to the Director of Finance for his report and recommendation the subject of billing procedures for false alarm charges On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was #186-99 RESOLVED, that the Council does hereby refer to the Chief of Police for his report and recommendation the subject of costs of responding to alarms (false) The President resumed the Chair at 8 51 p m On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #187-99 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 1999, which transmits its resolution 1-22-99, adopted on January 26, 1999, with regard to Petition 98-12-2-31, submitted by Pastor Kenneth MacLeod, on behalf of Presbyterian Free Church, requesting waiver use approval to construct a new church sanctuary on property located on the south side of Curtis Road between Melvin and Doris Avenues in the Southwest 1/4 of Section 11, which property is zoned R-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 98- 12-2-31 is hereby approved subject to the following conditions 31536 1 That the Site Plan, marked Sheet 1 of 2, prepared by David L. Hawkins and Associates, dated November 30, 1998, is hereby approved and shall be adhered to, 2 That the landscaping shown on the Site Plan is hereby approved, and all plant materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 3 That the Building Elevation Plan, marked Sheet 2 of 2, prepared by David L. Hawkins and Associates, dated November 30, 1998, is hereby approved and shall be adhered to except that brick shall constitute at least 100% of the front elevation and at least 50% of the east elevation, both to be completed before a Certificate of Occupancy is issued, and 100% coverage on the west elevation, to be completed before April 1, 2004, or before any title is transferred by the present owners, whichever occurs first; 4 That the brick used in the construction of the building shall be full- face four (4") inch brick, no exceptions, 5 That the area of the proposed parking lot expansion shall be hard- surfaced with asphalt to match the existing parking areas, and 6 That the existing parking lot shall be repaired and resealed, where needed, to the satisfaction of the Inspection Department, and the entire expanded parking lot shall be double-striped The petitioner, Pastor Kenneth MacLeod, was present to answer questions of Council A color rendering for the new sanctuary, received by the Council Office on March 23, 1999, re Petition 98-12-2-31 by Pastor Kenneth MacLeod, on behalf of Presbyterian Free Church, was received and placed on file for the information of the Council On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was. #188-99 RESOLVED, that having considered a communication from the City Planning Commission, dated March 2, 1999, which transmits its resolution 2-36-99 adopted on February 23, 1999, with regard to Petition 99-2-8-7 submitted by Laurel Pointe, L L.0 , requesting site plan approval 31537 in connection with a proposal to construct an office/retail building on property located at 17000 South Laurel Park Drive in the Northeast 1/4 of Section 18, 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 99-2-8-7 is hereby approved and granted, subject to the following conditions 1) That the Site Plan marked Sheet SP-2, prepared by Nowak & Fraus, as received by the Planning Commission on February 5, 1999, is hereby approved and shall be adhered to, 2) That the entire parking lot shall be double striped and capped with asphalt; 3) That the Landscape Plans, marked Sheets L-1, prepared by Michael A. Boggio Associates, as received by the Planning Commission on February 5, 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, 6) That the Exterior Building Elevation Plan, marked Sheet A-2, prepared by Michael A. Boggio Architects, as received by the Planning Commission on February 5, 1999, is hereby approved and shall be adhered to, 7) That the brick used in the construction of the building shall be full- face four (4") inch brick, no exceptions, 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 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 31538 10) That two parking light posts be added on the west side of the building, and that all handicapped spaces will be individually posted A First and Second Floor Plan, marked Sheet No A-1, revised on February 4, 1999, prepared by Michael A. Boggio Assoc Architects, re Petition 99-2-8- 7 submitted by Laurel Pointe, L.L C , was received and placed on file for the information of the Council Duggan left the podium at 9 05 p m due to a conflict of interest on the next Agenda item 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 trio Ordinance 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, the legal descriptions of which 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 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 31539 The petitioner, Raymond Bihary, was present to answer questions of Council On a motion by Vandersloot, seconded by Laura, it was RESOLVED, that the Council does hereby determine to substitute a resolution in lieu of the foregoing approving resolution which would refer this matter to the Committee of the Whole for its report and recommendation A roll call vote was taken on the motion to substitute with the following result: AYES Vandersloot and Laura NAYS Brosnan, Pastor and Engebretson The President declared the motion to substitute denied A communication from Raymond A. and Bonnie S Bihary, dated March 22, 1999, re submitting additional information for the proposed lot split of property located at 16580 Merriman Road, including a layout of the proposed new home, was received and placed on file for the information of the Council A communication from Charles D Fugate, 31069 Munger, Livonia, dated March 19, 1999, re requesting Council to deny the lot split requested for property located at 16580 Merriman Road was received and placed on file for the information of the Council A copy of a "Mutual Drive Agreement" made on the 20th day of October, 1988, between the property described as Lot 21 and the property described as Lot 22 of Bell Creek Estates, as recorded in Liber 67 and Page 33 of Plats of Wayne County Records, was received and placed on file for the information of the Council A roll call vote was then taken on the originally proposed resolution by Brosnan, seconded by Pastor, as follows #189-99 RESOLVED, that having considered a communication from the City Assessor, dated January 26, 1999, approved for submission by 31540 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 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, the legal descriptions of which shall read as follows PARCEL A. The west 250 20 feet of Lot 21, Bell Creek Estates, part of the NW 1/4 of Section 14, T 1 S , R. 9 E , Livonia Township (now City of Livonia), Wayne County, Michigan, as recorded in Liber 67, Page 33, W C R Subject to easements of record PARCEL B. The east 125 40 feet of Lot 21, Bell Creek Estates, part of the NW 1/4 of Section 14, T 1 S , R. 9 E , 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 with the following result: AYES Brosnan, Pastor, and Engebretson NAYS Vandersloot and Laura. The President declared the resolution adopted Duggan returned to the podium at 9.21 p m On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #190-99 RESOLVED, that having considered a communication from the City Planning Commission, dated December 18, 1998, which sets forth its resolution 12-201-98 adopted on December 15, 1998, with regard to Petition 98-10-1-20, submitted by John J Wheeler on behalf of Lawrence G and Nanette M Prieur for a change of zoning of property located on the 31541 north side of Plymouth Road between Chase Boulevard and Newburgh Road, in the Southeast 1/4 of Section 30, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on March 3, 1999, pursuant to Council Resolution 19-99, the Council does hereby approve Petition 98-10-1-20 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #191-99 RESOLVED, that having considered a communication from the City Planning Commission, dated December 21, 1998, which sets forth its resolution 12-203-98 adopted on December 15, 1998, with regard to Petition 98-11-2-22 submitted by Rocky Zebari requesting waiver use approval to operate an auto repair shop within a portion of an existing building located on the south side of Eight Mile Road between Beatrice and Hugh Avenues in the Northeast 1/4 of Section 2, which property is zoned M-1, and the Council having conducted a public hearing with regard to this matter on March 3, 1999, pursuant to Council Resolution 20-99, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 98-11-2-22 is hereby approved and granted subject to the following conditions 1 That the Site Plan, marked Sheet 1, prepared by Seymour Zate, Architect, dated November 9, 1998, is hereby approved and shall be adhered to, except for the fact that the three (3) parking spaces in front of the overhead doors of the south elevation shall be eliminated, 2 That the Landscape Plan, prepared by Landesign, as received by the City Council Office on March 23, 1999, 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, 31542 5 That the Exterior Building Elevation Plan, marked Sheet 2, prepared by Seymour Zate, Architect, as received by the City Council Office on March 23, 1999, is hereby approved and shall be adhered to, 6 That the three (3) walls of the trash dumpster area shall be constructed as shown on the approved Site Plan and the enclosure gates shall be maintained and when not in use, closed at all times, 7 That the building exterior shall be repainted and the stucco shall be repaired to the satisfaction of the Inspection Department; 8 That the entire parking lot shall be repaired, resealed and double striped, 9 That there shall be no overnight outdoor parking or storage of vehicles on the site, 10 That there shall be no outdoor storage of auto parts, equipment, scrap material, debris or other similar items generated by the subject use, 11 That the vehicle repair work conducted in connection with the proposed use shall not permit such repair as bumping, painting, spraying or rustproofing, 12 That this approval is subject to the applicant being granted a variance by the Zoning Board of Appeals for the deletion of or for a deviation in the location of the required fence, as specified in Section 16 11(a) of the Zoning Ordinance, and 13 That the drainage problem resulting in standing water in the parking lot shall be corrected to the satisfaction of the Engineering Division A communication from the Inspection Department, dated March 9, 1999, re information on air handling equipment that is required for an auto repair facility was received and placed on file for the information of the Council (Petition 98-11-2-22 by Rocky Zebari) A communication from the Fire Marshal, dated March 17, 1999, re fire safety requirements for the proposed auto repair facility to be located at 29623 Eight 31543 Mile Road was received and placed on file for the information of the Council (Petition 98-11-2-22) Copies of several invoices totaling $690 00 and paid on March 23, 1999, re false alarm billings for property located at 29623 Eight Mile Road, were received and placed on file for the information of the Council (Petition 98-11-2-22) A revised Exterior Building Elevation Plan and a revised Landscape Plan, received by the City Council Office on March 23, 1999, re Petition 98-11-2-22 were received and placed on file for the information of the Council On a motion by Pastor, seconded by Duggan, and unanimously adopted, it was #192-99 RESOLVED, that having considered a communication from the City Planning Commission, dated March 2, 1999, which transmits its resolution 2-34-99, adopted on February 23, 1999, with regard to Petition 99-1-2-1, submitted by Sang K. Kim, requesting waiver use approval to operate an auto repair shop within a portion of an existing building located on the south side of Eight Mile Road between Melvin Avenue and Purlingbrook Road in the Northeast 1/4 of Section 2, which property is zoned M-1, the Council does hereby reject the recommendation of the Planning Commission and Petition 99-1-2-1 is hereby denied for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19 06 of Zoning Ordinance #542, 2 That this area of the City is already adequately served by similar uses, and 3 That the proposed use is detrimental to and not in harmony with the adjacent residential uses to the south and east. 31544 A facsimile communication from Bedzyk Bros , Inc., dated March 19, 1999, re the termination of lease arrangements with Sang K. Kim with respect to Petition 99-1-2-1 was received and placed on file for the information of the Council Council President Engebretson again reminded everyone of the Detroit Edison Town Meeting scheduled for tomorrow, March 25, 1999, at 7 00 p m in the City Hall Auditorium, as well as of the next Study Meeting, scheduled for Monday, March 29, 1999 He also thanked the City Channel 8 volunteers for their contributions During audience communication, Rahul Patel, 14877 Santa Anita, Livonia, questioned the procedure to have a hearing-impaired sign installed in his neighborhood to make people aware of his deaf child Mr Patel was instructed to forward his request to the Traffic Commission On a motion by Duggan, seconded by Pastor, and unanimously adopted, this 1,389th Regular Meeting of the Council of the City of Livonia was adjourned at 9.30 p m , March 24, 1999 • I• J.. McCotter, City Clerk L